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Harnett County Personnel Ordinance

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Article I. Organization of the Personnel System

Section 1. Purpose 1

Section 2. Coverage 1

Section 3. Definitions 2

Section 4. Merit Principle 6

Section 5. Responsibility of the Board of Commissioners 6

Section 6. Responsibility of County Manager 6

Section 7. Responsibility of the Human Resources Director 7

Article II. Classification Plan

Section 1. Adoption 8

Section 2. Allocation of Positions 8

Section 3. Administration of the Position Classification Plan 8

Section 4. Amendment of Position Classification Plan 8

Article III. The Pay Plan

Section 1. Adoption 9

Section 2. Maintenance of the Pay Plan 9

Section 3. Use of Salary Ranges 9

Section 4. Payment at a Listed Rate 9

Section 5. Salary of Trainee 9

Section 6. Salary Compression 10

Section 7. Pay Ranges in Promotion, Demotion, Transfer, and 10

Reclassification

Section 8. Pay Rates in Salary Range Revisions 10

Section 9. Pay for Part-Time Work 11

Section 10. 3rd Year and 5th Year Salary Adjustments 11

Section 11. Cost of Living Adjustments 12

Section 12. Overtime 12

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Harnett County Personnel Ordinance Section 13. Call Back Pay 14

Section 14. Payroll Deductions 14

Section 15. Longevity Pay 15

Section 16. Travel Allowances 15

Section 17. Supplemental Retirement Income Plan 15

Section 18. Recovery of Compensation Overpayments and 16

Restitution of Underpayments

Section 19. Emergency Operations Compensation 17

Article IV. Recruitment and Employment

Section 1. Statement of Equal Employment Opportunity Policy 19

Section 2. Implementation of EEO Policy 19

Section 3. Recruitment 19

Section 4. Job Advertisements 19

Section 5. Applications for Employment 20

Section 6. Application Reserve File 20

Section 7. Qualification Standard 20

Section 8. Selection 21

Section 9. Appointments 21

Section 10. Probationary Period of Employment 22

Section 11. Promotion 22

Section 12. Demotion 23

Section 13. Transfer 23

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Article V. Conditions of Employment

Section 1. Attendance 24

Section 2. Work Week 24

Section 3. Gifts and Favors 24

Section 4. Political Activity Restricted 24

Section 5. Outside Employment 26

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Harnett County Personnel Ordinance Section 6. Limitation of Employment of Relatives 27

Section 7. Unlawful Harassment 28

Section 8. Drug-Free Work Place 31

Section 9. Emergency Operations 31

Article VI. Leaves of Absence

Section 1. Holidays 32

Section 2. Effect of Work of Holidays on Other Types of Paid 32

Leave

Section 3. Holidays-When Work Required 33

Section 4. Vacation Leave 33

Section 5. Vacation Leave-Initial Appointment Probationary 33

Employees

Section 6. Vacation Leave-Manner of Accumulation 34

Section 7. Vacation Leave-Maximum Accumulation 35

Section 8. Vacation Leave-Manner of Taking Leave 35

Section 9. Vacation Leave-Previous Leave Credit 35

Section 10. Vacation Leave-Terminal Pay and Repayment of 35

Vacation Leave

Section 11. Vacation Leave-Payment of Accumulated Vacation 35

Leave Upon Death

Section 12. Sick Leave 36

Section 13. Sick Leave-Manner of Accumulation 36

Section 14. Sick Leave-Maximum Accumulation 37

Section 15. Sick Leave-Physician’s Certificate 37

Section 16. Sick Leave-Retirement Credit for Accumulated Sick 37

Leave

Section 17. Sick Leave-Previous Leave Credits 37

Section 18. Sick Leave-Credit for Accumulation from Previous 37

Employment

Section 19. Calculation of Holiday Leave, Vacation Leave, and 37

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Harnett County Personnel Ordinance Sick Leave

Section 20. Petty Leave 38

Section 21. Leave Without Pay Policy 38

Section 22. Leave Without Pay-Retention and Continuation of 38

Benefits

Section 23. Shared Leave Policy 39

Section 24. Worker’s Compensation Leave 41

Section 25. Military Leave 42

Section 26. Civil Leave 42

Section 27. Educational Leave With Pay 42

Section 28. The Family Medical Leave Act 43

Section 29. Adverse Weather 44

Section 30. Volunteer Leave 49

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Article VII. Employee Benefits

Section 1. Insurance Benefits 50

Section 2. Unemployment Compensation 51

Section 3. Social Security 51

Section 4. Retirement Benefits 51

Section 5. Death Benefit 51

Section 6. Life Insurance 51

Section 7. Law Enforcement Officer’s Separation Allowance 51

Section 8. Supplemental Retirement Income Plan for Law 52

Enforcement Officers – 401(k)

Section 9. Worker’s Compensation 52

Section 10. Direct Deposit 52

Section 11. Benefits – Other (Flexible) 53

Article VIII. Separation, Disciplinary Actions, & Reinstatement

Section 1. Types of Separation 54

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Harnett County Personnel Ordinance Section 2. Resignation 54

Section 3. Voluntary Resignation 54

Section 4. Reduction in Force 55

Section 5. Disability 55

Section 6. Death 55

Section 7. Disciplinary Actions 55

Section 8. Investigatory Suspension 59

Section 9. Employee Appeal 59

Section 10. Reinstatement 60

Article IX. Grievance Procedure

Section 1. Purpose 61

Section 2. Coverage 61

Section 3. Policy 61

Section 4. Procedure 61

Section 5. Final Decision of the Grievance 63

Section 6. Maintenance of Records 63

Section 7. Other Remedies Preserved 63

Article X. Personnel Records and Reports

Section 1. Personnel Record Maintenance 64

Section 2. Information Open to the Public 64

Section 3. Access to Personnel Records 64

Section 4. Confidential Information 65

Section 5. Records of Former Employees 65

Section 6. Remedies of Employees Objecting to Material in File 66

Section 7. Penalty for Permitting Access to Confidential File by 66

Unauthorized Person

Section 8. Destruction of Records 66

Article XI. Implementation of Policy

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Harnett County Personnel Ordinance Section 1. Conflicting Policies Repealed 67

Section 2. Separability 67

Section 3. Violations of Policy Provision 67

Section 4. Effective Date 67

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ARTICLE I. ORGANIZATION OF THE PERSONNEL SYSTEM Section 1. Purpose The purpose of this policy is to establish a personnel system which will promote a fair and effective means to recruit, select, develop and maintain an effective and responsible work force, and provide the means for removal of unsatisfactory employees. This policy is established under the authority of Chapter 153A - Article 5 and Chapter 126 of the General Statutes of North Carolina. Section 2. Coverage This policy will cover all employees in the County’s service except as specified in this section.

A. Board of Commissioners are exempt except that they are subject to Article III. The Pay Plan, Section 14. Payroll Deductions; Article VII. Employee Benefits, Section 1. Insurance Benefits for Current Employees and Section 10. Direct Deposit; Article X. Personnel Records and Reports, and Article XI. Implementation of Policy.

B. The County Manager is exempt except that he or she is subject to Article I. Organization of the Personnel System; Article V. Conditions of Employment; Article VI. Leaves of Absence; Article VII. Employee Benefits; Article X. Personnel Records and Reports, and Article XI. Implementation of Policy.

C. The Sheriff and Register of Deeds are exempt except that they will be subject to Article I. Organization of the Personnel System; Article II. Classification Plan; Article III. The Pay Plan; Article VI. Leaves of Absence; Article VII. Employee Benefits; Article X. Personnel Records and Reports; and Article XI. Implementation of Policy.

D. Employees of the Register of Deeds’ Office and Sheriff’s Office are exempt from Article VIII. Separation, Disciplinary Actions, & Reinstatement, Section 7. Disciplinary Actions and Section 9. Employee Appeal; and Article IX. Grievance Procedure.

E. Employees of the Social Services Department are exempt from Article VIII. Separation, Disciplinary Actions, & Reinstatement, Section 9. Employee Appeal; and Article IX. Grievance Procedure.

F. Employees governed by the State Personnel Act art exempt from Article II. Classification Plan.

G. Attorneys working on a contracted basis are not covered by this policy. H. Employees and members of the County Board of Education are not

covered by this policy. I. Members of advisory and special boards or commissions are not covered

by this policy.

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J. Employees of the North Carolina Agriculture Extension Service are exempt except they are subject to Article V. Conditions of Employment; Article VI. Leaves of Absence, Sections 1, 2, 3, 24, 25, 28, and 29; Article X. Personnel Records and Reports; and Article XI. Implementation of Policy.

K. The Director of Elections shall be subject to Article I. Organization of the Personnel System; Article II. Classification Plan; Article III. The Pay Plan; Article IV. Recruitment and Employment, Sections 1-7; Article V. Conditions of Employment; Article VI. Leaves of Absence; Article VII. Employee Benefits; Article X. Personnel Records and Reports; and Article XI. Implementation Policy.

L. Limited Service employees as designated by the Board of Commissioners shall be subject to Article I. Organization of the Personnel System; Article II. Classification Plan; Article III. The Pay Plan, Sections 9 and 11; Article III. Recruitment and Employment, Sections 1-9; Article V. Conditions of Employment; Article VI. Leaves of Absence, Sections 1, 3, 24, 25, 28, and 29; Article VII. Employee Benefits, Sections 9 and 10; Article X; and Article XI.

(Amended October 27 2009) Section 3. Definitions (listed alphabetically) Adverse Action. An involuntary action to include: demotion, dismissal, reduction in pay, layoff or an undesirable transfer or suspension.

Anniversary Date. The employee’s original date of employment with the county service in a permanent position.

Appointing Authority. Any board of position with legal or delegated authority to make hiring decisions.

Class. Positions or groups of positions having similar duties and responsibilities requiring similar qualifications, which can be properly designated by one title indicative of the nature of work performed, and which carry the same salary range.

Competitive Service Employee. An employee of the local social service department, public health department, or local office of civil preparedness receiving federal grant-in-aid funds – these employees are subject to North Carolina General Statues Chapter 126.

Cost of Living Increase. An annual adjustment that may be made by the Board of Commissioners to all pay ranges effective July 1 of each year.

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Demotion. The reassignment of an employee to a position or classification having a lower salary range than the position or the classification from which the reassignment is made.

Employee. A. Regular. A person appointed to serve in a position with 1,000 or more

annual hours to perform duties and responsibilities required on a continuous and probably annually recurring basis, and who has satisfactorily completed a probationary period. Employee is entitled to appeal rights afforded to them under this policy and all employee benefits commensurate with the number of hours worked.

B. Probationary Employee. A person appointed to serve in a regular position who has not completed the probationary period. Probationary employees do not have appeal rights.

C. Limited Service. A person appointed to serve in a funded position requiring either less than twelve months or less than 1,000 hours per year. Employees do not have appeal rights and do not receive County benefits. These employees may be terminated at any time based on County needs. Examples include seasonal, relief, fill-in, or specific project positions, or program assistance of less than 20 hours a week or 1,000 hours per year. (Exceptions for retired employees: If retired employees sign a statement that they are not available for or seeking permanent employment, they may have Limited Service appointments for more than 12 months.)

D. Intermittent. A person appointed to serve in a position requiring irregular or recurring, hourly employment that is less than full time. Intermittent employees are used to provide a trained work force available on an “oncall” basis to supplement a department’s full-time staff in handling peak workloads. Employees do not have appeal rights and do not receive County benefits and may be terminated at any time based on County needs. Employees are paid by the hour and there is no absolute guarantee of a total number of hours of work to be made available. The amount of work an individual intermittent employee may receive is contingent on availability of work and funds, the employee’s skills or knowledge of the particularly assignment, and the employee’s availability for work.

Employment Categories.

A. Full-Time. An employee who is in a position designated as full-time by the Board of Commissioners for which an average work week equals at least 40 hours and continuous employment of at least 12 months is required. Employees receive full-time benefits and are eligible for the appeal process.

B. Part-Time. An employee who is in a position for which an average work week is at least 20 hours but less than 40 hours and continuous employment of at least 12 months is required. The employee is ineligible for benefits or appeal rights.

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C. Limited Service. An employee who is in a position for which either the average work week is less than 20 hours or employment duration is expected to be less than 12 months. The employee is ineligible for benefits or appeal rights.

D. Intermittent. An employee who is in a position to serve on an on-call or as needed basis but is expected to be less than full-time. Employees are paid by the hour and there is no absolute guarantee of a total number of hours of work to be made available.

(Amended June 2013)

General County Employees. A county employee not subject to the State Personnel Act.

Grievance. A claim or complaint based upon an event or condition which affects the circumstances under which an employee works, allegedly caused by misinterpretation, unfair application, or lack of established policy pertaining to employment conditions that is subject to the control of the County.

Hiring Rate. The salary paid an employee when hired into county service, normally the first step of the salary range.

Maximum Salary Rate. The maximum salary authorized by the pay plan for an employee within an assigned salary grade.

Pay Plan. A schedule of pay ranges arranged by minimum, mid-point, and maximum salary rates for each class assigned to the salary range.

Performance Evaluation System. An annual review of an employee’s performance, designed to facilitate communications between employees and supervisors.

Permanent Employee. An employee who has completed the required probationary period to the satisfaction of the department head.

Position. A group of current duties and responsibilities requiring the full or part time employment of one person. Probationary Employee. A person appointed to a regular position who has not completed the probationary period. See Article IV, Section 10.

Promotion. The reassignment of an employee to an existing position or classification in the County service having a higher salary range than the position or the classification from which the reassignment is made.

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Reclassification. The reassignment of an existing position from one class to another based on changes in the job duties and content.

Salary Grade. All positions that are sufficiently comparable to warrant one range of pay rates.

Salary Plan Revision. The uniform raising or lowering of the salary ranges of every grade within the salary range. Salary Range. The minimum and maximum salary levels for a given classification for hiring purposes. Salary Range Revision. The raising and lowering of the salary range for one or more specific classes of positions within the classification plan.

Special Salary Adjustment. An increase in salary within the range based on department head recommendation. Transfer. The reassignment of an employee from one position or department to another.

Work Schedules: (1) Full-Time. An employee, either regular or temporary, who is

regularly scheduled to work the number of hours per workweek designated by the Board of Commissioners as full-time. Note: Regular employees on a part-time work schedule receive pro-rated benefits and vacation and are eligible for all appeal processes.

(2) Part-Time. An employee, either regular or temporary, who is regularly scheduled less than the number of hours per workweek designated by the Board of Commissioners as full-time. Note: Regular employees on a part-time work schedule receive pro-rated benefits and vacation and are eligible for all appeal processes.

(3) Intermittent-On-Call. Non-scheduled work; basically the employee is in an on-call status or roster to provide the mission coverage required by the certain County departments.

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Section 4. Merit Principle All appointments, promotions, and other personnel transactions shall be made solely on the basis of merit (knowledge, skills and education) and ability/fitness. Section 5. Responsibility of Board of Commissioners The Board of Commissioners shall establish personnel policies and rules, including the classification and pay plan and shall make and confirm appointments when so specified by law. Section 6. Responsibility of County Manager The County Manager shall be responsible to the Board of Commissioners for the administration of the personnel program. The County Manager shall appoint, suspend, and remove all County officers and employees except those elected by the people or whose appointment is otherwise provided for by law. The County Manager shall make appointments, dismissals, and suspensions in accordance with North Carolina General Statute 153A-82 and Articles IV, VII, and VIII of this personnel administration policy. The Sheriff and Register of Deeds have the exclusive right to hire, discharge, and supervise the employees in their respective departments under the authority of North Carolina General Statute 153A-103. The County Manager shall:

(1) Recommend rules and revisions of the personnel system to the Board of Commissioners for consideration;

(2) Recommend revisions to the position classification plan to the Board of Commissioners for approval;

(3) Prepare and recommend revisions to the pay plan to the Board of Commissioners for approval;

(4) Determine which employees shall be subject to the overtime provisions as provided for in Article III, Section 9;

(5) Establish and maintain a roster of all persons in the County service, setting forth each officer and employee, class title or position, salary, and changes in class title and status, and such data as may be deemed desirable or useful;

(6) Develop and administer such recruiting programs as may be necessary to obtain an adequate supply of competent applicants to meet the needs of the County;

(7) Develop and coordinate training and educational programs for County employees;

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(8) Investigate periodically the operation and effect of the personnel provisions of this policy and at least annually report findings and recommendations to the Board of Commissioners; and

(9) Perform such other duties as may be assigned by the Board of Commissioners not inconsistent with this policy.

Reference Note: Officers whose appointments are required by North Carolina General Statute to be made by the Board of Commissioners:

Clerk to the Board 153 A-111 County Attorney 153 A-114 Deputy Tax Collector 105-349 (f) Tax Collector 105-349 Tax Supervisor 105-294 Finance Officer 159-24 The appointive power of the commissioners is limited in the following instances:

Article VII, of the Constitution of North Carolina provides that the Sheriff shall be elected. The Register of Deeds is elected quadrennially. 161-2 The Sheriff and Register of Deeds have the right to hire, discharge, and supervise the employees of their offices. The local Board of Health appoints the Health Director after consultation with the State Health Director and the Board of County Commissioners in the county or district. 130A-40 The Health Director appoints all employees of the Health Department in accordance with the provisions of the State Personnel Act 126-5(a); and 130A-41. The Board of Social Services appoints the Social Services Director, who appoints the social services employees. 108A-12, 14 Agricultural Extension employees are jointly appointed by the Board of Commissioners and the State Extension Service. County Board of Elections is empowered to appoint and remove a Director of Elections and all registrars, judges, assistants, and other officers of elections. 163-33, 35

Section 7. Responsibility of the Human Resources Director

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The County Manager shall employ a Human Resources Director who shall assist in the preparation and maintenance of the position classification plan, the pay plan and perform such other duties in personnel administration as the County Manager shall require. ARTICLE II. CLASSIFICATION PLAN Note: The County Directors of Social Services and Health Department shall make appointments, dismissals, and suspensions in accordance with the General Statutes of North Carolina. Section 1. Adoption The position classification plan, as set forth in this manual is hereby adopted as the position classification plan for the County. Copy provided at Appendix A. Section 2. Allocation of Positions The County Manager shall allocate each position covered by the classification plan to its appropriate class in the plan. Section 3. Administration of the Position Classification Plan The County Manager shall be responsible for the administration and maintenance of the position classification plan so that it will accurately reflect the duties performed by employees in the classes to which their positions are allocated. Department heads shall be responsible for bringing to the attention of the County Manager (1) the need for new positions, and (2) material changes in the nature of duties, responsibilities, working conditions, or other factors affecting the classifications of any existing positions. New positions shall be established only with the approval of the Board of Commissioners after which the County Manager shall either (1) allocate the new position to the appropriate class within the existing classification plan, or (2) recommend that the Board of Commissioners amend the position classification plan to establish a new class to which the new position may be allocated. When the County Manager finds that a substantial change has occurred in the nature or level of duties and responsibilities of an existing position, the County Manager shall (1) direct that the existing class specification be revised, (2) reallocate the position to the appropriate class within the existing classification plan, or (3) recommend that the Board of Commissioners amend the position classification plan to establish a new class to which the position may be allocated.

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Section 4. Amendment of Position Classification Plan Classes of positions shall be added to and deleted from the position classification plan by the Board of Commissioners based on the recommendation of the County Manager.

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ARTICLE III. THE PAY PLAN Section 1. Adoption The schedule of salary ranges and class titles assigned to salary ranges as set forth in this manual is hereby adopted as they pay plan for the County.

Section 2. Maintenance of the Pay Plan

The County Manager shall be responsible for the administration and maintenance of the pay plan. The plan is intended to provide equitable compensation for all positions, reflecting differences in duties and responsibilities, the comparable rates of pay for positions in private and public employment in the area, changes in cost of living, the financial conditions of the County, and other factors. To this end, the County Manager shall from time to time make comparative studies of all factors affecting the level of salary ranges and shall recommend to the Board of Commissioners such changes in salary ranges as appear to be warranted.

Section 3. Use of Salary Ranges

The minimum rate established for the class is the normal hiring rate, except in those cases where unusual circumstances appear to warrant appointment at a higher rate. Appointment above the minimum step may be made on the recommendation of the department head with the approval of the County Manager when deemed necessary in the best interest of the County. Above-the-minimum appointments will be based on such factors as the qualifications of the applicant being higher than the minimum education and training for the class and/or a shortage of qualified applicants to accept employment at the minimum step.

Section 4. Payment at a Listed Rate

All employees covered by the salary plan shall be paid at a listed rate within the salary ranges established for their respective job classes except for employees in a trainee status, or employees whose present salaries are above the established maximum rate following transition to a new plan.

Section 5. Salary of Trainee

An applicant hired or an employee promoted to a position in a higher class who does not meet all the established requirements of the position, may be appointed at a rate in the pay plan below the minimum established for the position. An employee will remain on the trainee step until the department head certifies that the trainee is qualified to assume the full responsibilities for the position and the County Manager

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approves the certification. The department head shall review the progress of each employee in a trainee status every six (6) months or more frequently as necessary to determine when the trainee is qualified to assume the full responsibilities of the position. Section 6. Salary Compression

The annual salary of Harnett County supervisors may be at least $500.00 more than the highest paid employee supervised subject to the request of the department head and at the discretion of the county manager. Section 7. Pay Ranges in Promotion, Demotion, Transfer, and Reclassification

When an employee is promoted, demoted, transferred or reclassified, the rate of pay for the new position shall be established in accordance with the following rules:

A. An employee who is promoted shall receive a five percent (5%) pay increase or an increase to the minimum of the new pay range, whichever is greater.

B. An employee who is demoted shall have his salary left the same, reduced five percent (5%) or reduced to anywhere in the lower grade pay range, depending on the circumstances of the demotion and department head recommendation.

C. An employee who transfers from a position in one class to a position in another class assigned to the same pay range shall continue to receive the same salary.

D. Reclassifications: (1) An employee whose position is reclassified to a class having a higher

salary range shall receive five percent (5%) pay increase or an increase to the minimum of the new pay range, whichever is higher.

(2) If an employee is currently at the job rate of the current pay range and the position is reclassified to a higher pay range, the employee shall receive a 5% increase or the job rate of the new pay range, whichever is higher.

(3) If an employee is above the job rate of the pay range and the position is reclassified to a higher pay range, the salary will be adjusted to the same point in the new pay range.

(4) If the position is reclassified to a lower pay range and the employee is receiving a salary above the maximum of the range established for the new class, the salary of the employee shall be maintained at the same

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level until such time as the employee’s pay range is increased above the employee’s current salary.

Section 8. Pay Rates in Salary Range Revisions

When the Board of Commissioners approves a change in salary range for a class of positions, the salaries of employees whose positions are allocated to that class shall be affected as follows:

A. When a class of positions is reassigned to a higher pay range, employees in that class shall receive a five percent (5%) pay increase or an increase to the minimum step of the new range, whichever is higher.

B. When a class of positions is reassigned to a lower pay range, the salaries of employees in that class will remain unchanged. If this assignment to a lower pay range results in an employee being paid at a rate above the maximum of the range established for the new class, the salary of the employee shall be maintained at that level until such time as the employee’s pay range is increased above the employee’s current salary.

C. At the beginning of the fiscal year, any promotions, special salary adjustments, or reclassifications will be applied before any COLA (if any).

Section 9. Pay for Part-Time Work

The pay plan established by this policy is for full-time service. An employee appointed for less than full-time service will be paid an amount determined by the department head no less than the minimum and up to the maximum of the hourly rate of grade range.

Section 10. 3rd Year and 5th Year Salary Adjustments

A. When an employee serves 3 years in his or her current position, the salary is increased ½ the distance from the current salary to the job rate of the pay grade.

B. When an employee serves 5 years in his or her current position, the salary is increased to the job rate of the current pay grade.

C. If an employee’s job has been reclassified to a higher grade, the date he or she originally went into the position is used to calculate 3/5 salary movement.

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D. If an employee is promoted, the date of this action will be used to calculate 3/5 salary movement.

E. To ensure an employee is not penalized for taking a promotion or reclassification his or her current salary should be higher than if he or she had remained in the old position (the salary should be at least $500 more if a 5 year salary increase was due). Examples:

(1) John is a grade 60, with 5 years in his job and a salary of $20,999. The grade 60 salary job rate is $22,746. He gets promoted to grade 65, with a new salary of $23,622. Because he has 5 years in this job his salary would have been moved to $22,746 without promotion. His new salary is more than $500 greater than his salary would have been had he not taken the promotion, so the new salary remains $23,622.

(2) Mary was hired in February of 1993 in a pay grade 63 position. She was promoted to pay grade 64 in June 1996 and her current salary is $23,734. If she had remained in her old job, she would now be eligible for 5th year movement to the job rate of grade 63 ($25,956). Because her current salary is less than the job rate of the old grade her salary will be adjusted to the old job rate ($25,956), plus $500 for a new salary of $26,456.

(3) If Mary would now be eligible for 3rd year movement toward the job

rate of her old grade, we would determine what her salary would have been if she had not taken the promotion. If this salary is greater than her current salary, we would correct her salary as in the above example, without the $500.

(Amended June 18 2007)

Section 11. Cost of Living Adjustments

A. If the Board of Commissioners approve a Cost of Living Adjustment, the increase will be effective July 1 of each year. The amount of this adjustment, if any, may vary from year to year.

B. When a Cost of Living Adjustment is approved, regular employees will

receive a $500 minimum increase to their annual pay.

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C. Temporary employees, who have been in their position for one year as of July 1, are eligible to receive the percentage of the Cost of Living Adjustment applied to their hourly rate of pay.

Section 12. Overtime

A. Planning to avoid overtime. Department heads shall arrange the work schedules of their employees so as to accomplish the required work within the normal workweek.

B. Definition. Overtime work shall be considered work performed by an employee at the direction or instruction or knowledge of a department head or his authorized representative which exceeds the normal work week or work period of the employee. Overtime as defined by the Federal Labor Standards Act is hours worked greater than 40 hours in a normal workweek.

C. Exempt Employee. Designated employees in executive, administrative, and professional positions are not entitled to overtime pay per the Fair Labor Standards Act. The County Manager will designate, upon the recommendation of the department head, those employees exempt from the overtime pay provision of the Fair Labor Standards Act. A copy of the designation shall be made available to the employee and shall be permanently filed in the employee’s personnel folder and recorded on the position description.

D. Overtime pay. Performance of overtime work by non-exempt employees must be authorized by the department head in advance of the payment and shall be paid at one and one-half (1 and ½) times the regular hourly rate for each hour of overtime worked.

E. Compensatory Time. (1) Exempt Employees.

a. Exempt Department heads (Directors, Elected Officials, Administrators and Officers) are provided a salary for the mission requirements of their respective organizations. This salary is full remuneration for their services and Harnett County will not provide compensatory time to exempt Department Heads.

b. Administrative and Professional exempt employees required to work overtime shall receive compensatory time off at a rate of one (1) hour for each hour of overtime worked. Employees who are Administrative and Professional Exempt will be paid for all overtime hours accrued in excess of 80 hours at the regular hourly rate. All hours or accrued compensatory time in excess of forty (40) hours as of December 31st of each year shall be converted to annual leave. Each two-hour period of

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compensatory time or fraction thereof shall be converted into one-quarter (1/4) day of annual leave. In the event that an exempt employee is terminated, they shall be paid for accrued compensatory time up to two hundred and forty (240) hours at the regular rate.

c. In special circumstances, the Board of Commissioners reserves the right to compensate exempt employees for hours worked over 40 in a week.

(2) Non-exempt employees. a. Regular work schedule employees. Employees required to

work overtime shall receive compensatory time off. The compensatory time shall be computed at one and one-half (1 and ½) hours for each hour of overtime worked. Non-exempt employees who accrue compensatory time in excess of 80 hours shall be paid overtime pay. In the event that a Nonexempt employee accrues compensatory time in excess of two hundred and forty (240) hours or four hundred and eighty (480) as appropriate, they shall be paid overtime pay. In this case, overtime pay shall be computed on an hour-for-hour basis for each hour of excess compensatory time.

b. Irregular work schedule employees. Employees shall not accrue compensatory time off where the granting of compensatory time off would unduly disrupt operations work schedules. These employees shall be paid overtime pay at one and one-half (1 and ½) times their regular rate for each hour worked in excess of their designated work week or period. The County Manager shall designate those class of employees entitled to overtime pay in lieu of compensatory time.

c. Termination. An employee who has accrued compensatory time off upon termination of employment shall be paid for all unused compensatory time at a rate of compensation not less than: (1) the average regular rate received by such employees during the last three (3) years of the employee’s employment; or (2) the final regular rate received for such employee, whichever is higher.

d. Time Sheets. Time sheets for all employees required to submit time sheets shall accurately reflect the hours worked by the employee and shall be certified by the employee and supervisor prior to submission to Payroll.

e. Unauthorized work. Hours worked by an employee without permission from the department head or authorized representative or contrary to his instructions shall not be considered time worked and the employee is subject to disciplinary action for failing to follow instructions.

f. Travel time. County employees shall be credited with hours of work for all time spent in official travel, to include time spent

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traveling during non-duty hours. Official travel is travel performed at the direction or approval of the department head. An employee is deemed to be in an official status from the time he departs a designated location in the county and until he arrives at his destination. Additionally, time spent traveling from the destination until returned to the county is deemed official travel.

g. Fluctuating Workweek. The Fair Labor Standards Act permits employers to pay non-exempt employees a fixed salary for a fluctuating work week and to compensate them for their overtime hours on a “half-time” basis. Under this method of compensation, an employee is paid a fixed salary covering whatever number of hours the job demands in a given week. With straight time already compensated in the salary, only onehalf the basic rate must be paid for overtime. The amount of the half-time payment will necessarily vary depending on the number of hours worked in excess of forty (40) hours in the work week. The fluctuating work week will be used for salaried county employees in Sheriff’s Communications functions.

h. In accordance with Harnett County Finance Office Departmental Guidelines, compensatory time must always be exhausted prior to expending vacation time.

Section 13. Call Back Pay Any county employee eligible to receive compensation under this policy will be guaranteed a minimum of two hours for being called back to work outside of normal working hours. Section 14. Payroll Deductions Only payroll deductions specifically mandated or authorized by Federal, State or County act may be deducted at each pay period from the employee’s pay. Other deductions may also be made from an employee’s pay, subject to the approval of the Finance Officer; however, they must be requested and authorized by the employee. the Finance Officer; however, they must be requested and authorized by the employee.

Section 15. Longevity Pay

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All County employees hired on or after July 1st, 2015, or those employees who leave the employment of the County and return to work with the County on or after July 1st, 2015, shall not be eligible to receive longevity pay.

Full-time County employees of record as of June 30th, 2015 shall continue to be eligible to receive longevity pay as defined below until such time as their employment with the County is terminated.

Time of Service: Employees with five (5) years of consecutive Harnett County Service by November 30th of each calendar year are eligible for longevity pay.

Payment of Longevity: The amount of longevity an employee receives shall be based on the employee’s salary as of November 30th of each calendar year and paid annual in a lump sum the first week in December of the same year. This amount shall increase depending on the employee’s years of services as outlined in the chart below. A longevity payment, however, shall not be made part of the employee’s base salary.

Time of Service Percentage of Annual Salary5 Years – 9 Years 1.00%

10 Years – 14 Years 1.50%15 Years – 19 Years 2.25%20 Years – 24 Years 3.25%

25 Years and up 4.50%

Section 16. Travel Allowances Allowances for travel, meals, and room rates for employees conducting official business shall be paid at the rate established by the Board of County Commissioners. The Harnett County Finance Office Departmental Guidelines issues the official guidelines for travel reimbursements.

Section 17. Supplemental Retirement Income Plan of North Carolina The County offers all regular County employees, except certified officers, a voluntary County 401(k) Supplemental Retirement Income Plan of North Carolina, effective July 1, 1992. This Supplemental Retirement Income Plan allows County employees to voluntarily agree to participate in the 401(k) Supplemental Retirement Income Plan. The County will match up to 2% of the employee’s salary input. The plan also allows for employees to contribute a greater percentage of their salary (up to the maximum percentage authorized by the Internal Revenue Service rules), but the County will only match up to 2% of an employee’s salary.

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In accordance with North Carolina General Statute 143-166.50, sworn law enforcement officers receive 5% County paid contribution into the 401(k) Supplemental Retirement Income Plan of North Carolina and are eligible to participate in the above referenced program. However, there will not be any additional County match over the 5%. Section 18. Recovery of Compensation Overpayments and Restitution of Underpayments Human Resources and Payroll will make every effort to ensure that employees are paid correctly and that authorized payroll deductions are deducted properly.

A. In cases of improper overpayment, even when the error was not the fault of the employee, employees are expected to promptly repay the County the amount of the overpayment. Repayment arrangements will be made through Human Resources.

B. For purposes of this policy, overpayments include wage and salary payments, voluntary and involuntary deductions for insurance programs or other authorized deductions.

C. If an employee was not paid at all, the department director/elected official may request that a special check be issued. If an employee received partial pay, but not all that was due, then whenever possible the balance will be corrected on the next payroll check.

D. All employees are responsible for examining each paycheck or direct deposit stub received in a timely manner to ensure that proper payment and deductions have been made. If an employee believes an improper overpayment or deduction has been made, he/she should immediately contact his/her supervisor, department director, Human Resources, or payroll.

E. Payroll will calculate an overpayment/underpayment summary to determine the amount to be corrected. Human Resources will meet with the employee to explain how the error occurred and if necessary discuss a repayment schedule.

F. For overpayments, Human Resources will determine whether the correction will be collected on the employees next regular payday (if nominal) or whether the employee shall be offered the Voluntary Repayment Agreement for Payroll Overpayment form. The following describes the repayment schedule to be used when the amount owed is more than a nominal amount.

Nominal overpayment—an erroneous overpayment that is one hundred dollars ($100.00) or less shall be deducted from the employee’s next paycheck Significant overpayment—an overpayment that is greater than one hundred dollars ($100.00) shall be allowed to be paid through a written repayment plan pursuant to a signed “Voluntary Repayment Agreement for Payroll Overpayment.”

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G. The cumulative amount of the repayment deductions shall not reduce the gross wages paid to a rate less than the minimum wage as defined by law.

H. The repayment deductions will not be greater than 15% of the gross wages earned in the pay period in which the deduction is made.

I. The repayment deductions will be made after the employer has made all deductions expressly permitted or required by law and after any employeeauthorized deduction.

J. If an employee under a voluntary repayment arrangement is terminated either voluntarily or involuntarily before payment is made in full, the remaining amount owed may be deducted from any amounts owed to me by the County.

K. If an employee under a voluntary repayment arrangement enters into an unpaid status, a letter will be sent to collect the remaining payments or to setup a new repayment plan. If the employee does not respond, a second notice will be sent and that employee will be given two (2) weeks to remit payment.

L. In the event a terminated employee is overpaid, Human Resources will notify the former employee in writing that an overpayment has occurred along with the total amount owed. Payment is to be received within 30 days, unless a payment plan is agreed to in writing by both the County and the former employee.

M. If repayment is not recovered or the payment plan is not followed by the former employee, Human Resources will send a second letter to the former employee. Payment is to be submitted within two (2) weeks to avoid collection of monies owed through court proceedings.

N. The County in all cases reserves the right to pursue collection of remaining overpayments through court proceedings if recovery efforts under this policy have failed.

(Amended December 6 2010)

Section 19. Emergency Operations Compensation

A. In the event of a major emergency or disaster, employees may be required to carry out normal job duties or pre-assigned emergency response tasks. Employees, who work under the direction of the Emergency Operation Center Director or his/her designee, during an emergency or disaster, will be compensated in accordance to this policy.

B. If the emergency or disaster requires the activation of the Emergency Operations Center and County offices are open as regularly scheduled, employees required to work during this period will be compensated as described below:

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1. Nonexempt employees will be paid 1 and ½ times their regular hourly rate of pay in accordance with the Fair Labor Standards Act (FLSA). (Actual hours worked beyond regular work time.)

2. Exempt employees (including department heads) will be paid 1 times their regular hourly rate of pay for hours worked over 40 in a workweek under these conditions.

3. In the event a holiday occurs within the activation period, both nonexempt and exempt employees will be paid 1 and ½ times their hourly rate for that day for each hour worked in addition to the normal holiday time.

C. If the emergency or disaster requires the activation of the Emergency

Operations Center and County offices are not opened as regularly scheduled, employees required to work during this period will be compensated as described below:

1. Nonexempt employees will be paid 1 and ½ times their regular hourly

rate of pay for each hour they work under these circumstances. This compensation will be in addition to any other compensation they are entitled to during that administrative work week.

2. Exempt employees (including department heads) will be paid 1 times their regular hourly rate of pay for hours worked over 40 in a work week under these conditions.

3. In the event a holiday occurs within the activation period, both nonexempt and exempt employees will be paid 1 and ½ times their hourly rate for that day each hour worked in addition to the normal holiday time.

D. In the event employees are required to work long and continuous hours, the

County Manager may grant time off with pay/administrative leave for rest and recuperation to ensure safe working conditions.

(Amended May 16 2011)

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ARTICLE IV. RECRUITMENT AND EMPLOYMENT Note: The Sheriff and Register of Deeds have the right to hire, discharge, and supervise the employees in their respective departments under the authority of the North Carolina General Statute 153A-103. Section 1. Statement of Equal Employment Opportunity Policy

All applicants and employees of the county shall be given equal opportunity for employment without regard to race, religion, color, creed, national origin, sex, age, or physical disability, except where specific age, sex, and physical requirements constitute bona fide occupational qualifications necessary to proper and efficient administration. Discrimination against any person in recruitment, examination, appointment, training, promotion, retention, discipline, salary increases, or any other term or condition of employment because of race, color, national origin, or because of political or religious opinions or affiliations is hereby prohibited. Prior approval must be obtained from the United States Department of Labor before establishing any age, sex, or physical requirements. Section 2. Implementation of EEO Policy

All personnel responsible for recruitment and employment shall implement this personnel policy through procedures that will assure equal employment opportunity based on reasonable performance-related job requirements. Notices with regard to equal employment matters shall be posted in conspicuous places on County Government premises in places where notices are customarily posted. Each employee shall sign the Employee Civil Rights Compliance Review upon hire. Section 3. Recruitment

When positions are to be filled within the County, department heads shall notify the Human Resources Director concerning the number and classification of positions which are to be filled. The Human Resources Director shall publicize these opportunities for employment to include the applicable salary ranges and employment qualifications. Information on job openings and hiring practices shall be provided to recruitment sources including organization and news media available to minority applicants. In addition, notice of vacancies will be posted on the Harnett County website. Individuals shall be recruited from a geographic area necessary to insure that well qualified applicants are obtained for County service. Section 4. Job Advertisements

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Employment advertisements shall contain assurances of equal employment opportunity and shall comply with federal and state statutes regarding discrimination in employment matters. Advertisements will contain the necessary directions for individuals to follow when applying for a position. All regular full-time vacancies will be posted in a manner that will provide county-wide coverage. Section 5. Applications for Employment All persons expressing interest in employment with the County shall either be given the opportunity to file an application for employment with the County directly or by applying with the Employment Security Commission for vacancies open to external candidates. (Amended August 1 2005) Section 6. Application Reserve File

A. Upon applying, each applicant shall be informed of the availability of current job openings. Applications, either taken by the County or referred by ESC, shall be kept for a period of two (2) years, in accordance with Equal Employment Opportunity Commission guidelines.

B. A separate application must be submitted for each position. The Human

Resources Department will accept copies of applications with original signatures. The applications will be maintained in files established for each vacancy and are the property of the County.

Section 7. Qualification Standard

A. Employees shall meet the employment standards established by the position classification plan and such other reasonable minimum standards of character, aptitude, ability to meet the public, and any physical conditions as recommended by the department head in the position description.

B. Qualifications shall be reviewed periodically to assure that requirements are fair and conform to the actual job performance requirements.

C. The County may employ an applicant in a trainee capacity who does not meet all minimum qualifications for a particular job if the deficiencies can be eliminated through orientation, formal courses, and/or on-the-job training.

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Section 8. Selection

A. When a job opening occurs, the initial screening of applicants may be conducted by the local ESC Office.

B. The qualified candidates shall then be referred to the County Human Resources Department, at which time they shall conduct the formal review of candidates to ascertain those meeting the minimum advertised requirements.

C. A memorandum of candidates meeting the qualifications will be sent to the appropriate department head where interviews will be conducted and selections will be made.

D. The department head will prepare a memorandum of selection to the Human Resources Director which will contain who was interviewed, the rationale for the selected candidate, recommended starting salary (with justification for below or above the range minimum) and the desired starting date.

E. The Human Resources Department will conduct reference checks with prior employers, criminal background checks, driving record and any other steps deemed necessary. If there are issues discovered during the research conducted by Human Resources, the department head will be informed and they will decide if the employment process is continued on this candidate or if another selection will be made.

F. The Human Resources Director shall prepare a recommendation to the County Manager for approval or disapproval of the candidate.

G. The County Manager has final approval or disapproval of the candidate. If it is in the best interest of the County to waive part or all of this process, the approval of the County Manager shall be required before proceeding.

Section 9. Appointments

A. It is the County’s policy to create career opportunities for its employees when possible. Therefore, when a current employee applying for a vacant position possesses the best qualifications of all applicants, that applicant shall be appointed to the position. Before any commitment is made to an applicant, the County Manager shall approve or reject the appointment.

B. Note: The Sheriff and Register of Deeds may make appointments

and the County Manager will determine the classification and starting salaries of new employees in those departments.

C. By the authority of Chapter 153A-103 of the North Carolina General

Statutes, the Board of Commissioners must approve the appointment by the Sheriff or Register of deeds of a relative by blood or marriage of nearer

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kinship than first cousin or of a person who has been convicted of a crime involving moral turpitude.

Section 10. Probationary Period of Employment An employee appointed or promoted to a regular position shall serve a probationary period of six (6) months, except that law enforcement officers shall serve a twelve (12) month initial appointment probationary period. An employee serving a probationary period, following the initial appointment, may be dismissed at any time during the probationary period without appeal rights, if found to be performing duties unsatisfactorily. A regular employee serving a probationary period following a promotion shall be demoted, as provided in Section 12 of this article, if unable to perform assigned duties of the new job satisfactorily. Before completion of the probationary period, all department heads shall indicate in writing to the County Manager.

A. That the employee’s supervisor has discussed the new employee’s progress (accomplishments, strengths, and weaknesses) with the new employee;

B. Whether the new employee is performing satisfactory work; C. Whether the probationary period should be extended; and D. Whether the employee should be retained in the present position or should

be released, transferred, or demoted. E. No regular employee shall remain on probation for more than one (1) year.

F. Employees subject to North Carolina General Statute 126 may not be on

probation longer than nine (9) months. Section 11. Promotion

A. Candidates for promotion shall be chosen on the basis of their qualifications and their work records – without regard to age, sex, race, color, creed, religion, political affiliation, national origin, or physical handicap. Performance appraisals and work records for all personnel meeting minimum qualifications for the position may be carefully examined when opening for positions in higher classifications occur.

B. Vacancies in positions shall be filled as far as practicable by the promotion

of employees in the service of the County. Employees must apply for a

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vacancy to be promoted. However, consideration should be given to all qualified applicants who have been the object of historical discrimination.

Section 12. Demotion

A. Any employee whose work in his present position is unsatisfactory or whose personal conduct is unsatisfactory may be demoted provided the employee shows promise of becoming a satisfactory employee in another position. Such a demotion shall be preceded by the due process defined in Article VIII. Separation, Disciplinary Action and Reinstatement.

B. If the demotion is for failure in performance of duties or failure in personal conduct, the employee shall be provided with written notice citing the recommended effective date and reasons for demotion and appeal rights available to the employee.

C. An employee who wishes to accept a position with less complex duties and responsibilities may be demoted for reasons other than unsatisfactory performance of duties or failure in personal conduct. The employee must apply for the lower graded vacancy as they occur, compete and be selected by the department head.

Section 13. Transfer If a vacancy occurs and an employee in another department applies, competes and is selected, the department head wishing to hire the employee shall request the transfer in a memorandum to the Human Resources Director. This selection, as all others, shall be subject to the approval of the County Manager. Department heads may transfer an employee to another equal graded position to meet mission requirements. Any employee transferred without having requested it may appeal the action in accordance with the grievance procedure. Any employee who has successfully completed the original probationary period may be transferred to the same or similar class in a different department without serving another probationary period.

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Harnett County Personnel Ordinance ARTICLE V. CONDITIONS OF EMPLOYMENT Section 1. Attendance Employees are hired with the understanding that they will report regularly and on time for work every scheduled workday. It is essential for the accomplishment of the mission that everyone does their part. Failure to give notification of absences, frequent tardiness and excessive absenteeism will be viewed as lack of interest in their job and an indication that they are unable to meet the responsibilities of a regular job. We understand that employees may need to be out occasionally for various reasons and approved leaves of absences are covered in Article VI. Section 2. Work Week The established work week for the county is a seven-day period beginning on Sunday and ending on Saturday. Full-time employees work five (5) eight-hour days per week. The normal work hours of county offices shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday, with one (1) hour permitted for lunch. The County has established flexible work hours in several departments, based on mission needs and department head request. Department heads shall work those hours necessary to assure the satisfactory performance of their departments, but not less than forty (40) hours per week. Section 3. Gifts and Favors

A. No official or employee shall accept any gift, favor or thing of value that may tend or could be perceived to influence that employee in the discharge of their duties.

B. No official or employee shall grant, in the discharge of duties, any improper

favor, service, or thing of value. Section 4. Political Activity Restricted Each employee has a civic responsibility to support good government by every available means and in every appropriate manner. In accordance with the Constitution and laws of the United States of America, each employee may (1) join or affiliate with civic organizations of a partisan or political nature, (2) attend political meetings, (3) may advocate and support the principles or policies of civic or political organizations, and (4) support partisan or non-partisan candidates of their choice. However, no employee shall (1) engage in any political or partisan activity while on duty; (2) use official authority or influence for the purpose of interfering with the

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Harnett County Personnel Ordinance outcome of an election or nomination for political office (3) contribute County funds for political or partisan purposes; (4) coerce or compel another employee of the County to contribute funds for political or partisan purposes, or (5) use any supplies or equipment of the County for political or partisan purposes. Competitive service employees and employees in certain federally-aided programs are subject to the Hatch Act. This federal act, in addition to prohibiting (2), (3), and (4) above, also prohibits candidacy for elective office in a partisan election. Any violation of this section shall subject such employees to dismissal or other disciplinary action.

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Harnett County Personnel Ordinance Section 5. Outside Employment The work of the County takes priority over other employment interests of regular employees. Outside employment may be restricted to prevent interference with efficient County service. (The purpose of this approval policy is to determine that secondary work does not have an adverse effect upon County work, is not controversial to County policies, and does not create an appearance of impropriety to the Citizens.)

A. Definition. Outside employment, sometimes called moon-lighting, is all employment for salaries, wages, tips, commissions, or self-employment other than the regular position held with Harnett County.

B. Procedures:

(1) Any regular employee desiring outside employment must make a written request to the department head. The request shall be granted, unless it appears that outside employment or self-employment is likely to prevent the employee from efficiently discharging their duties to the county or it is incompatible with county employment.

(2) The department head will review the request for possible incompatibility and conflict of interest. If the department head determines that at conflict exists, the employee will be notified in writing that it is disapproved. If a conflict does not exist, the department will notify the employee and endorse the request.

(3) A copy of the request, with the recommendation of the department head, will be submitted to the Human Resources Department for the file.

(4) If necessary, the request with the department head’s recommendation may be submitted to the County Manager for final determination.

(5) If the department head requests that the employee terminate the outside employment, and the employee refuses; the employee will be subject to disciplinary action up to and including dismissal.

C. No employee will perform outside employment which is inconsistent with a

professional code of ethics or appears to present a conflict of interest. D. Employees will not be approved to perform outside employment for any

person in their supervisory chain.

E. Employees will not be approved to perform outside work while in a Family Medical Leave status.

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Harnett County Personnel Ordinance Section 6. Limitation of Employment of Relatives The employment of members of the same immediate family within the same department is discouraged. The term “immediate family” includes wife, husband, mother, father, brother, sister, daughter, son, grandmother, grandfather, grandson, granddaughter, aunts, and uncles. Included are the step-, half, -in-law, and locoparentis relationships and those living within the same household. As an exception, members of the same immediate family may be considered for employment within the same department where two (2) current employees marry or if significant recruiting problems exist. However, a member of the immediate family will not be employed if employment would result in one member supervising the other or one occupying a position which could influence the other’s terms or conditions of employment.

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Harnett County Personnel Ordinance Section 7. Unlawful Harassment

A. Harnett County promotes a work environment free of unlawful harassment. Unlawful Workplace Harassment is unwelcome or unsolicited speech or conduct based upon race, color, gender, religion, national origin, age or disability status that creates a hostile work environment or circumstances. Harassment may include offensive photos, jokes, remarks, threats, etc. Unlawful Workplace Harassment is strictly prohibited. This prohibition applies to all employees regardless of rank or position with the County. This policy also applies to unlawful harassment by third parties who deal with the County.

B. Sexual harassment is a form of unlawful workplace harassment. Sexual

harassment includes unwelcome statements or conduct based on a person’s gender that creates a hostile working environment, such as gender-based jokes or negative gender-based remarks. It also includes sexual advances, requests for sexual favors, propositions, inappropriate touching and other verbal or physical conduct of sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (2) submission or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or the effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

C. Individuals, who perceive instances of unlawful workplace harassment,

including sexual harassment, are encouraged to use the County’s internal procedures to report the situation and/or complaint without fear of retaliation. Once a report or complaint is received, the County will thoroughly investigate the complaint and take appropriate action.

D. Any employee who believes he or she may have a complaint of unlawful

harassment should report, orally or in writing, to his or her supervisor or department head, or may file the complaint directly with the Human Resources Director if the complaint involves the supervisor or department head. The supervisor or department head to whom the complaint is made shall notify the Human Resources Department within three (3) working days of the complaint.

E. The Human Resources Department will receive the written complaint and any

supporting evidence and/or documentation, or cause a written complaint to be made from interviewing the complaining party. The Human Resources Director shall notify all concerned parties that a complaint has been filed.

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F. All complaints of unlawful workplace harassment, including sexual harassment, will be investigated promptly and where necessary, immediate appropriate action will be taken to stop and remedy any such conduct. Any supervisor, agent or employee found in violation of this policy is subject to disciplinary action, including dismissal.

G. The investigation will consist of interviewing the concerned parties, including

the complaining party, the alleged offender(s) and witnesses, and gathering any other relevant evidence or documentation. The Human Resources Director will take appropriate interim action, if necessary. The investigation shall be completed and a report given to the County Manager within fifteen (15) working days of the receipt of the written complaint, unless an extension is granted by the Human Resources Director.

H. The County Manager will make a determination as to the resolution of the

complaint and will notify the concerned parties of the determination.

I. All complaints and subsequent investigations will be held as confidential as possible without limiting the County’s ability to investigate and respond appropriately to complaints.

J. Retaliatory actions against the complaining party and any witnesses

participating in the investigation will not be tolerated. Complaints of retaliation will be immediately investigated and appropriate action will be taken, up to and including dismissal from employment

(Amended December 6 2010)

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Unlawful Harassment Complaint Internal Procedures Flow Chart

The County Manager and/or Sheriff or Register of Deeds will make a

determination as to the resolution of the








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Section 8. Drug-Free Work Place The County has approved and made effective the Drug-Free Work Place policy according to the Drug-Free Work Place Act of 1988 (Pub. L. 100-690, Title V., Subtitle D: 41 USC 701 et seq.). It is the County policy that no employee shall possess, use or distribute illicit drugs or alcohol on the premises of the property or facilities of the County or while representing Harnett County at any professional or social function. Disciplinary actions up to and including dismissal and referral for prosecution will be imposed if the standards of the policy are violated. The County has a strong commitment to provide a safe and secure workplace, and to promote high standards of employee health and wellbeing. To this end, every effort will be made to keep drugs and alcohol out of work force. If a person recognizes that a problem exists and initiates action to seek help, the County will work with the employee to resolve the situation. Effective January 1, 1996, Harnett County implemented additional processes and procedures to the Drug-Free Workplace Policy for all employees holding a position which is determined to be safety sensitive or requires a Commercial Driver’s License (CDL). The Omnibus Transportation Employee Testing Act of 1991 (Pub. L. No. 102-143, tit. V, Sections 2(5) & 3(a), 105 Stat. 917, 952-53 (1991) (codified at scattered sections of 49 U.S.C.) requires alcohol misuse and anti-controlled substance prevention programs. The U.S. Department of Transportation published rules mandating alcohol misuse and anti-controlled substance prevention programs. There is a separate County of Harnett Drug and Alcohol Testing Policy for Commercial Driver’s License Holders, Safety Sensitive Positions, and the Harnett Area Transit System.

Section 9. Emergency Operations In the event of disaster natural or man-made the County Manager reserves the right to close County offices but still require employees essential and non-essential to report to work to assist with Emergency Operations. (Amended August 1 2005)

Harnett County Personnel Ordinance 31 ARTICLE VI. LEAVES OF ABSENCE Section 1. Holidays The following days and such other days that the Board of Commissioners may designate are holidays with pay for employees and officers of the County working the basic workweek:

New Year’s Day Veteran’s Day Martin Luther King’s Birthday Thanksgiving Day Good Friday Day after Thanksgiving Memorial Day Christmas - Two (2) or three (3) Independence Day workdays as defined below Labor Day

When a holiday (other than Christmas Day) falls on a Saturday or a Sunday, Monday shall be observed as a holiday.

Christmas Holiday Schedule When Christmas Day falls on: The County observes: Sunday Friday and Monday Monday Monday and Tuesday Tuesday Monday, Tuesday, and Wednesday Wednesday Tuesday, Wednesday, and Thursday Thursday Wednesday, Thursday, and Friday Friday Thursday and Friday Saturday Friday and Monday

Holiday leave earned by employees having a workweek greater or fewer than the basic workweek shall be determined in accordance with the formula set forth in Section 19 of this article. Terminating employees who resign on a holiday will not be paid for that holiday, unless they work the holiday. Temporary Employees – In order to be eligible for holiday pay, a temporary employee must have worked the regularly scheduled workday either before or after the holiday. Section 2. Effect of Work of Holidays on Other Types of Paid Leave Regular holidays which occur during a vacation, sick or other paid leave period of any officer or employee of the County shall not be charged as vacation, sick or other paid leave. Section 3. Holidays – When Work Required

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A. Employees, who work a regular 40 hours per week schedule that are required to work on a regularly scheduled holiday will earn compensatory time based on their exemption status.

B. Employees on the four day work week – ten hours per day – will be provided

eight (8) hours for the holiday. If a holiday falls on the workday, the employee must sign two (2) hours of annual or petty leave.

C. Employees who work on rotating shifts that work on a designated County

holiday will be provided with twelve (12) hours time off. If an employee who works on rotating shifts and the designated County holiday falls on the employee’s regular scheduled day off, they will receive the standard eight (8) hours holiday time.

D. If time off cannot be provided, the Department Head, with the County

Manager’s approval, may pay an employee for holiday(s) worked. Section 4. Vacation Leave Vacation leave shall be used for rest and relaxation, and may be used for medical appointments. Section 5. Vacation Leave – Initial Appointment Probationary Employees Employees serving a probationary period following initial appointment may accumulate vacation leave, but shall not be permitted to take vacation leave during the probationary period unless the denial of such leave will create an unusual hardship. Vacation leave may be taken during this period only with prior approval of appointing authority. Law enforcement officers shall be allowed to take accumulated vacation leave after six (6) months of service. Section 6. Vacation Leave – Manner of Accumulation Any employee working the basic workweek or greater shall earn vacation leave at the following rates:

Vacation Accrual Month/Year Regular 40 Hour Week Employees

Years Worked Monthly Annual Less than 2 6.67 hours 10 days 2 but less than 5 8.00 hours 12 days 5 but less than 10 10.00 hours 15 days 10 but less than 15 12.00 hours 18 days 15 but less than 20 14.00 hours 21 days 20 or more 16.00 hours 24 days

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Sheriffs (42.75 Employees) Years Worked Monthly Annual Less than 2 7.13 hours 85.6 hours 2 but less than 5 8.56 hours 102.72 hours 5 but less than 10 10.70 hours 128.4 hours 10 but less than 15 12.84 hours 154.08 hours 15 but less than 20 14.98 hours 179.76 hours 20 or more 17.12 hours 205.44 hours EMS (24 Hour Shift Employees) Years Worked Monthly Annual Less than 2 8.87 hours 106.4 hours 2 but less than 5 10.64 hours 127.68 hours 5 but less than 10 13.30 hours 159.6 hours 10 but less than 15 15.96 hours 191.52 hours 15 but less than 20 18.62 hours 223.44 hours 20 or more 21.28 hours 255.36 hours EMS (10 Hour Shift Employees) Years Worked Monthly Annual Less than 2 8.34 hours 100.05 2 but less than 5 10.00 hours 120.00 hours 5 but less than 10 12.50 hours 150.00 hours 10 but less than 15 15.00 hours 180.00 hours 15 but less than 20 17.50 hours 210.00 hour 20 or more 20.00 hours 240.00 hours EMS (9 Hour Shift Employees) Years Worked Monthly Annual Less than 2 7.50 hours 90.05 hours 2 but less than 5 9.00 hours 108.00 hours 5 but less than 10 11.25 hours 135.00 hours 10 but less than 15 13.50 hours 162.00 hours 15 but less than 20 15.75 hours 189.00 hours 20 or more 18.00 hours 216.00 hours

Section 7. Vacation Leave – Maximum Accumulation Annual leave may be accumulated without any applicable maximum until December 31st of each calendar year. On December 31st, any employee with more than 240 hours of accumulated leave shall have the excess accumulation

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Harnett County Personnel Ordinance transferred to sick leave (only 240 hours are carried forward to January 1st of the next calendar year).

Employees are cautioned not to retain excess accumulation of annual leave until late in the calendar year. Due to the necessity to keep all County functions in operation, large numbers of employees cannot be granted annual leave at any one time. If an employee has excess leave accumulation during the latter part of the year and is unable to take such leave because of staffing demands, the employee shall receive no special consideration either in having the annual leave scheduled or in receiving any exception to the maximum accumulation.

The County has a Shared Leave Program and it is provided in Section 23 of this Article. Section 8. Vacation Leave – Manner of Taking Leave

Vacation leave may be taken as earned by an employee subject to the approval of the supervisor, with the exception that all department heads and other employees so designated by the County Manager must take at least five (5) consecutive workdays of accrued vacation leave per calendar year.

Section 9. Vacation Leave – Previous Leave Credit

Vacation leave credit accumulated by each employee as of the adoption of this personnel administration policy shall be retained as of the effective date of this policy.

Section 10. Vacation Leave – Terminal Pay and Repayment of Vacation Leave

An employee, who is separated without failure in performance of duties or personal conduct, shall be paid for accumulated vacation leave not to exceed 240 hours. For an involuntary separation due to failure in performance of duties or personal conduct as outlined in Article VII, Section 8 and 9, accumulated vacation leave may be withheld at the discretion of the County Manager at the time of an employee’s separation. Any vacation leave owed the County shall be deducted from the employee’s final compensation. Section 11. Vacation Leave – Payment of Accumulated Vacation Leave Upon

Death

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Harnett County Personnel Ordinance The estate of an employee who dies while employed by the County shall be entitled to payment for all of the accumulated vacation leave credited to the employee’s account. Section 12. Sick Leave

Sick leave, with pay, is not a right which an employee may demand; but, a privilege granted by the Board of Commissioners for the benefit of an employee when sick.

Sick leave shall be granted to an employee absent from work for any of the following reasons:

• Any absence that is approved as a qualifying event under the Family and Medical Leave Act

• Sickness or bodily injury • Exposure to a contagious disease when continuing to work might jeopardize

the health of others • Required physical or dental examination or treatment • An illness or medical appointment of an employee’s spouse, child, parent, or

parent-in-law that requires the presence of the employee • Death in the employee’s immediate family (may not exceed three (3) days

for any one occurrence, except by special permission from the department head).

Note: The term “immediate family” includes wife, husband, mother, father, brother, sister, daughter, son, grandmother, grandfather, grandson, granddaughter, aunts, and uncles. Included are the step, half, -in-law, loco parentis relationship, and those living within the same household.

Notification of the desire to take sick leave should be submitted prior to the leave or not later than two (2) hours after the beginning of the next scheduled workday. In the case of non-emergency situations, such as routine doctor appointments, notification should take place on the workday following the making of the appointment. (Amended January 7 2008)

Section 13. Sick Leave – Manner of Accumulation

Each full-time regular and probationary employee working the basic work week shall earn sick leave computed at the following rate:

Sick Hours Accrual Month/Year Monthly Annual Regular 40 Hour Employee 8.00 96.00 Sheriff 42.75 Hour Employee 8.56 102.72

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EMS 24 Hour Shift Employee 10.64 127.68 EMS 9 Hour Shift Employee 9.00 108.00 EMS 10 Hour Shift Employee 10.00 120.00

Sick leave earned by regular employees having a work week with greater or fewer hours than the basic 40 hour work week shall be determined in accordance with the formula set forth in Section 19 of this Article.

The County has a Shared Leave Policy and it is provided in Section 23 of this Article.

At the time of an employee’s separation, any sick leave owed the County shall be deducted from the employee’s final compensation. Section 14. Sick Leave – Maximum Accumulation Sick leave will be cumulative for an indefinite period. Section 15. Sick Leave – Physician’s Certificate The employee’s supervisor or department head may require a physician’s certificate concerning the nature of the illness and the employee’s physical capacity to resume duties for each occasion on which an employee uses sick leave to insure that there is not abuse of sick leave privileges. Section 16. Sick Leave – Retirement Credit for Accumulated Sick Leave One (1) month of retirement credit is allowed for each twenty (20) days and part thereof accrued in an employee’s sick leave account at the time of retirement to employees who are members of the North Carolina Local Government Employee’s Retirement System. Section 17. Sick Leave – Previous Leave Credits Sick leave credits accumulated by each County employee shall be retained as of the effective date of this policy. Section 18. Sick Leave – Credit for Accumulation from Previous Employment Employees whose date of employment occurs after the effective date of this policy and who were previously employed by a governmental entity in North Carolina will receive unlimited credit with the county for sick leave accumulated at that entity provided that verification of that accumulated sick leave is received from the previous employer and that the employee was not reimbursed for these days. This only applies to governmental entities that were the employee’s place of employment immediately prior to their employment with the County.

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Section 19. Calculation of Holiday Leave, Vacation Leave, and Sick Leave

Holiday leave, vacation leave, and sick leave earned by regular employees having a workweek with greater or fewer hours than the basic workweek shall be determined in accordance with the following formula:

A. The number of hours worked by such employees shall be divided by the number of hours in the basic workweek.

B. The proportion obtained in step (a) shall be multiplied by the number of hours of leave earned annually by employees working the basic work week.

C. The number of hours in step (b), divided by twelve, shall be the number of hours of leave earned monthly by the employees concerned.

Section 20. Petty Leave All full time regular employees of the County shall be allowed fourteen (14) hours per year of petty leave with pay over and above sick leave or vacation leave with pay. Beginning January 1 of each calendar year employees will receive fourteen (14) hours of petty leave. Employees hired after January will receive petty leave on a prorated based on hire date. An employee may take petty leave in increments of fifteen (15) minutes up to a maximum of three (3) hours, with the permission of the Supervisor, and may it be used in conjunction with any other leave. Petty Leave is not a right which an employee may demand but a privilege granted by the Board of Commissioners. Petty leave will be in addition to any other leave which County employees may earn and accumulate, but it will not accumulate beyond November 30 and all petty leave balances will expire November 30, of each calendar year. All petty leave taken in November must be recorded no later than the December payroll. Employees are encouraged not to accumulate petty leave because there is no guarantee that it will be granted before the end of November 30.

Petty leave is granted for personal matters which cannot be transacted outside of office hours, time lost reporting to work, medical appointments and absences due to adverse weather conditions.

Section 21. Leave Without Pay Policy A regular or probationary employee may be granted a leave of absence without pay for up to one (1) year by the appointing authority. The leave shall be used for reasons of personal disability, after both sick leave and annual leave have been exhausted; continuation of education; special work that will permit the County to benefit by the experience gained or the work performed, or for other reasons deemed justified by the appointing authority.

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Harnett County Personnel Ordinance The employee shall apply in writing to the supervisor for leave. The employee is obligated to return to duty within or at the end of the time determined appropriate by the appointing authority. Failure to report at the expiration of a leave of absence, unless an extension has been requested, shall be considered a resignation. Upon returning to duty after being on leave without pay, the employee shall be entitled to return to the same position held at the time leave was granted or to one of like classification, seniority and pay. If the employee decides not to return to work, the supervisor should be notified immediately. The supervisor shall report the decision of the employee to the appointing authority. Section 22. Leave Without Pay – Retention and Continuation of Benefits An employee ceases to earn leave credits on the date leave without pay beings. The employee may continue to be eligible for benefits under the County’s group insurance plans, subject to any regulations adopted by the Board of Commissioners, the Family Medical Leave Act, and the regulations of the respective insurance carriers. Section 23. Shared Leave Policy Purpose. This policy provides an opportunity for employees to assist other employees affected by a serious medical condition that requires their absence from work for a prolonged period of time resulting in possible loss of income due to lack of accumulated leave. Under this policy an employee may donate a specified number of Annual Leave hours to help another employee who has exhausted all accumulated paid leave. Eligibility. Any employee in a position designated as “Regular” is eligible to donate or request leave. An employee who is unable to work due to an accident, chronic illness or major medical condition of themselves or that of an immediate family member is eligible. The medical condition of the family member shall meet the criteria of this policy. The employee will be required to apply and follow procedures for Family and Medical Leave. The following conditions are NOT eligible for Shared Leave:

• Short term or sporadic conditions or illnesses • Elective Surgery • Normal Pregnancy • An employee receiving Worker’s Compensation benefits

An employee may receive a maximum of 480 hours of donated leave each calendar year through the Shared Leave Program. Shared Leave may not be used to extend an employee’s time in leave status beyond one year from the last date worked.

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Harnett County Personnel Ordinance Application Process: An employee who wishes to request leave through the Shared Leave program must submit an Application to Receive Shared Leave on the form provided by the Human Resources Department to the Department Director. The Department Director shall review the merits of the request and forward it to the Human Resources Director with a recommendation to approve or disapprove the shared leave. The Human Resources Director will review the request with an Employee Shared Leave Committee. The Committee and Human Resources Director or his/her designee will make a recommendation to the County Manager. The County Manager shall approve or deny all requests for receipt of shared leave. The County Manger will determine the length of the leave. The leave granted may not exceed the employee’s period of treatment and recovery. Donation of Leave. Once a Shared Leave request is approved, the Human Resources Director or his/her designee may advise all county employees regarding the request for shared leave. The Privacy Act makes medical information confidential; therefore, prior to making the employee’s status public for receiving shared leave, the employee must sign a release to allow the status to be known. After such time, the Human Resources Department will circulate the request to all department heads. Each department head will be responsible for ensuring that all of his/her employees are made aware of the request. Direct solicitation of employees for Shared Leave donations is not permitted. An employee who wishes to donate Annual Leave to an employee requesting Shared Leave must complete a “Shared Leave Donation” form and submit this through the Department Director to the Human Resources Department within the time period specified for the request. Any eligible employee of the County of Harnett may donate annual vacation leave to any approved recipient. This annual leave will convert to sick leave for the recipient. An employee donating leave may elect to donate a minimum of four hours of Annual Leave (in increments of 4 hours) up to the amount that would not drop his/her combined Sick and Annual Leave balance below 80 hours. A donating employee may not donate more annual vacation leave than he or she could earn in one year. The donating employee may not receive compensation in any form for the donation of leave. Acceptance of remuneration for donated leave shall be grounds for disciplinary action up to and including dismissal. An employee may not directly or indirectly intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce any other employee for the purpose of interfering with any right with such employee may have with respect to donating, receiving, or

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Harnett County Personnel Ordinance using annual leave under this program. Such action shall be grounds for disciplinary action up to and including dismissal. There is no provision for county employees to donate or receive sick leave from family members employed in other local governments or State agencies, institutions, community colleges, or technical institutes. Once leave is donated and transferred to the employee receiving the leave, it may not be returned to the donating employee. (Exception: In the case of death of the recipient, leave will be returned to the donors on a pro-rated basis.) Individual leave records are confidential and only individual employees may reveal their donation or receipt of leave. During the period an employee is using Shared Leave, the employee continues to be in a leave earning capacity, and is entitled to holidays, receives any salary increase or bonus for which otherwise eligible, and may receive benefits offered under the group insurance policies. Any donated leave is taxable to the recipient. The dollar amount of any donated leave will be added to the recipients W-2 as income. Donated leave shall not be claimed for reimbursement under current subrogation law. The County of Harnett shall not report paid donated leave as reimbursable to an attorney representing a County employee in a third party subrogation claim. Accounting and Usage Procedures. The Human Resources Department shall establish a system of leave accountability which will accurately record leave donations and recipient’s use. Such accounts shall provide a clear and accurate record for financial and management audit purposes. This should include:

• Maintaining a list of employees donating; • Notification of Shared Leave to recipients and the Finance

Department when leave is granted and in what amounts; and • Notification of Annual Leave to donors and the Finance Department

of actual leave deductions. The approved amount(s) of shared leave will only be added after all sources of the recipient’s own leave have been completely exhausted. (Amended December 6 2010) Section 24. Worker’s Compensation Leave

An employee absent from duty because of sickness or disability covered by the North Carolina Worker’s Compensation Act may receive Worker’s Compensation benefits and elect to use accumulated vacation and sick leave as a supplemental

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Harnett County Personnel Ordinance payment for the difference between his regular salary and the payments received under the Worker’s Compensation Act. These employees may have deducted from their accumulated vacation or sick leave the fraction of one day which is the same as the fraction that the supplemental payment for one day is of a regular day’s pay. Upon reinstatement, the employee’s salary will be computed on the basis of the last salary earned plus any increment or other salary increase to which the employee would have been entitled during the disability covered by Worker’s Compensation. Temporary employees will be placed in a leave without pay status and will receive all benefits for which they may be adjudged eligible under the Worker’s Compensation Act. Section 25. Military Leave

A. A regular employee who is a member of the National Guard or Armed Forces Reserve will be allowed 96 hours military training annually (adjusted for employees having a work week with greater or fewer hours than a basic 40 hour workweek) with partial compensation. If the compensation received while on military leave is less than the salary that would have been earned during this same period as a County employee, the employee shall receive partial compensation equal to the difference in the base salary earned as a reservist or a guardsman and the salary that would have been earned during this same period as a County employee. The effort will be to maintain the employee’s salary at the normal level during this period. If such military duty is required beyond 96 hours, the employee shall be eligible to take accumulated vacation leave or be placed in a leave without pay status.

B. While taking military leave with partial pay or without pay, the employee’s leave credits and other benefits shall continue to accrue as if the employee physically remained with the County during this period.

C. Regular employees who are guardsmen and reservists have all job rights specified in The Uniformed Services Employment and Reemployment Rights Act (USERRA).

D. Time spent in military leave is counted towards eligibility for leave under the Family Medical Leave Act.

Section 26. Civil Leave

When a County employee is called for jury duty or as a court witness for the federal or state governments or a subdivision thereof, they shall receive leave with pay for such duty during the required absence without charge to accumulated vacation,

45

Harnett County Personnel Ordinance sick or petty leave. While on civil leave, benefits and leave shall accrue as though the employee were on regular duty.

An employee may keep fees and travel allowances received for jury or witness duty in addition to regular compensation, except that employees must turn over to the County any witness fees or travel allowances awarded by the Court for Court appearances in connection with official duties.

Section 27. Educational Leave With Pay

A leave of absence at full or partial pay during regular working hours may be granted to an employee to take one (1) course which will better equip the employee to perform assigned duties upon the recommendation of the department head, and with the approval of the appointing authority. An employee may receive reimbursement for one (1) course at a time taken outside of working hours which will better equip the employee to perform assigned duties, subject to the approval of the department head and the County Manager or appointing authority. The County shall reimburse the employee for tuition, fees, and books for the course, provided the employee submits a receipt of course expenses and a notice of successful completion of the course. Section 28. The Family and Medical Leave Act

A. In accordance with The Family and Medical Leave Act of 1993, the County will grant eligible employees a total of twelve workweeks of job-protected family and medical leave per twelve-month period. The County of Harnett uses the following method to measure “12-month period” to assess employee eligibility for FMLA leave: The 12-month period measured forward from the date the employee’s first FMLA leave begins.

B. The leave may be paid (coordinated with the County’s Vacation and Sick Leave policies), unpaid, or a combination of paid and unpaid. Earned compensatory time may also be used during FMLA leave. FMLA leave will run concurrently with accrued sick or vacation leave and with absences taken in connection with worker’s compensation claims. Additional time away from the job beyond the 12-week period may be approved in accordance with the County’s Leave Without Pay policy.

C. To qualify for FMLA coverage, the employee must have worked for the County for 12 months or 52 weeks; these do not have to be consecutive. However, the employee must have worked 1,250 hours during the twelvemonth period immediately before the date when FMLA begins. Family and Medical Leave can be used for one or more of the following reasons

1. The birth of a child and in order to care for that child; 2. The placement of a child with the employee for adoption or foster care; 3. The need for the employee to care for the spouse, child, or parent of

the employee with a serious health condition;

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4. An employee’s serious health condition that makes the employee unable to perform the functions of his or her position; or

5. Military exigency. D. A serious health condition is defined as a condition which requires inpatient

care at a hospital, hospice, or residential medical care facility, or a condition which requires continuing care by a licensed health care provider. This policy covers illness of a serious and long-term nature resulting in recurring or lengthy absences. Generally, a chronic or long term health condition which results in a period of incapacity of more than three days would be considered a serious health condition.

E. 29 CFR 825.209 also requires the employer to maintain the employee’s group health insurance benefits for the duration of the leave. The employer may recover premiums paid if the employee fails to return to work (unless the employee suffers a continuation of the serious medical condition).

F. An employee who takes leave under this policy will return to the same job or a job with equivalent status, pay, benefits, and other employment terms. The position will be the same or one which entails substantially equivalent skill, effort, responsibility, and authority.

G. If a husband and wife both work for the County and each wishes to take leave for the birth of a child, adoption or placement of a child in foster care, the husband and wife may only take a total of 12 weeks leave under FMLA.

H. “Military Exigency” is a qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a military service member (reserve or National Guard) under a call or order to federal active duty in support of a contingency operation. Qualifying events are:

1. Deployment of service member with seven or fewer days notice; 2. Military ceremonies and events such as family-assistance or

informational programs related to the family member’s active duty or call to active duty;

3. Urgent, immediate childcare or arranging for alternative childcare for the children of service members;

4. Attending school or daycare meetings relating to the child of service member;

5. Making financial or legal arrangements related to a family member’s active duty status or call to active duty; or

6. Post-deployment activities for a period of ninety days after the termination of the service member’s active duty status.

I. Military Caregiver Leave: An employee whose spouse, son, daughter, parent, or next of kin is a current service member who is undergoing treatment, therapy, recuperation or outpatient treatment or has temporary disability retirement for injury or illness sustained in the line of duty, is eligible for 26 weeks of leave in a single 12 month period. During a single 12 month period, the employee is eligible for a total of 26 weeks of all types of FMLA leave.

J. The County of Harnett will require employees to provide medical certification of the need for FMLA leave from the health care provider.

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K. The County of Harnett will require periodic updates about the employee’s status and intention to return to work or a medical recertification.

L. The County of Harnett will require the employee to furnish medical certification that he or she is able to resume work.

(Amended September 8 2009) Section 29. Administrative Leave/Adverse Weather General Provisions

A. Administrative leave because of adverse weather may be granted when the County Manager exercises his discretion to administratively excuse (no charge to leave) nonessential employees early because of severe weather developing during normal operating hours, or when there is a delayed opening because of severe weather developing during non-duty hours.

B. All employees are to presume, unless otherwise notified, that their activity will

be open regardless of any weather or other emergency conditions, which may develop; and they are expected to report for work.

C. Designation of Essential Employees. Essential county services must be

maintained regardless of weather conditions. Department Heads are responsible for determining which of their employees are essential to the accomplishment of their department’s mission. Essential employees, as directed by their department head, are required to report to, or remain at work during adverse weather conditions. Those essential employees who cannot report to work because of driving conditions will make every effort to contact their supervisor or another management official so that county transportation can be dispatched to pick them up. When county transportation is provided or offered and refused by the employee, administrative leave will not be granted and the employee will be charged absence without approved leave.

D. Notification Requirements. Employees who have been designated as

essential must be notified in writing of the designation and are required to acknowledge this notification in writing. Department Heads will notify employees if they will be serving in a position that has been designated essential.

E. There are no provisions to allow essential employees to take a day off at such

future time to compensate for working during an emergency. Compensation for working during a disaster or emergency event will be governed by the Emergency Operations Compensation policy under Article III.

F. Employees will not be charged any other type leave for a time period when

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Administrative Leave has been granted if employee was available for work. The County Manager will make a determination in questionable situations.

G. Administrative Leave will be granted to employees in the amount of hours the

employee is scheduled to work. (1) Example: If an employee normally works a 10 hour day, the employee

will receive 10 hours. (2) If an employee would not normally be scheduled to work on a day

Administrative Leave is granted, the employee will not be given Administrative Leave.

H. Temporary part time intermittent employees who are not scheduled to work

are not entitled to administrative leave. I. Liberal use of annual leave during adverse weather periods for nonessential

employees is Harnett County’s standing policy.

(Amended May 16 2011)

Release of nonessential employees. A. The County Manager’s decision to release employees early will be

disseminated to department heads by the Administration staff assisted by the Human Resources Department.

B. Entitlement to administrative leave depends on the nonessential employee’s

status at the time of the announcement.

(1) If the employee was on duty and departed on leave after official word was received but before the time set for dismissal, leave is charged only from the time the employee departed until the time set for dismissal.

(2) If the employee was scheduled for duty after an initial period of leave

and dismissal is given before the employee can report, leave is charged until the time set for dismissal.

(3) If severe weather develops during non-duty hours but there is no

curtailment of county activities, employees are expected to be at work at the beginning of the workday. Employee tardiness caused by treacherous driving conditions may be excused on a case-bycase basis. The County Manager may delay opening of county activities for a certain period of the workday. In that event, nonessential employees will be administratively excused for the duration of the delayed opening. In the event the County Manager closes all nonessential county activities for an entire day, the day will be considered a non-work day

49


for leave purposes and employees will be excused without charge to leave. This does not apply to employees in a non-pay status on the days before and after the day of the closing.

C. Adverse Weather Announcements. The Emergency Management

Department will furnish radio and TV stations with Harnett County adverse weather announcements relating to delayed opening or closing of county activities. Additionally, any closings will be posted on the County internet homepage.

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Pay and Leave Practices for Inclement Weather • All employees are to presume that County offices will be open regardless of any weather or other emergency conditions and are expected to report for work. • Employees will not be charged any other type leave for a time period when Administrative Leave has been granted if employee was available for work. • Administrative Leave will be granted to employees in the amount of hours the employee is scheduled to work. Ex: If an employee normally works a 10 hour day, the employee

will receive 10 hours. • If an employee would not normally be scheduled to work on a day Administrative Leave is granted, the employee will not be given Administrative Leave. • The hours during which the County offices are closed must fall within the employee’s normally scheduled work day. • Administrative Leave should be recorded for exempt and non-exempt employees.

Event Employee Action Non-Essential Non-exempt

Non-Essential Exempt Essential Non-exempt Essential Exempt

Late Opening

Does not report

Paid Admin Leave from regular start time to time County offices open +

uses annual leave or comp time to get paid for full day

Paid Admin Leave from regular start time to time County offices open + uses

annual leave or comp time to equal standard work day

Must Report

to Work

(unless in an approved leave without pay

status)

If the Emergency Operations Center is activated and subject to the approval of the Board of Commissioners, while nonessential employees are on administrative leave because normal county operations have been closed, non-exempt essential employees will be paid 1 and ½ times their regular hourly rate of pay for each hour they work under these circumstances. This pay will be in addition to any other

Must Report

to Work

(unless in an approved leave without pay

status)

If the Emergency Operations Center is activated and subject to the approval of the Board of Commissioners, while nonessential employees are on administrative leave because normal county operations have been closed, exempt essential employees will be paid 1 times their regular hourly rate of pay for each hour they work under these circumstances. This pay will be in addition to any other

Reports to work

Paid for actual time worked + Admin Leave from regular start time to time County offices open to be paid for full

day.

Receives full day pay

Reports later than announced

opening

Paid for actual time worked + Admin Leave from regular start time to time

County offices open + annual leave (if necessary) to equal standard work day

Receives full day pay

Is scheduled for annual (vacation) or sick leave

Paid Admin Leave for time County offices are closed and uses annual leave, comp time, or sick leave for remainder of standard work day


Any Leave without Pay status (FMLA, Military Leave)

Leave without pay is still charged Leave without pay is still charged

County Offices Closed

Is scheduled to work Awarded Admin Leave for the day Awarded Admin Leave for the day Is scheduled for annual or sick

leave Awarded Admin Leave will not be

granted. Awarded Admin Leave will not be

granted Any Leave without Pay status

(FMLA, Military Leave) Leave without pay is still charged Leave without pay is still c.harged

Early Closing

Does not report

Paid Admin Leave for time County offices are closed and uses annual

Leave or comp time for remainder of standard work day

Paid Admin Leave for time County offices are closed and uses annual

leave for remainder of standard work day

compensation they are entitled to during that administrative workweek.

compensation they are entitled to during that administrative workweek.

Reports to work

Paid for actual time worked plus Admin Leave to be paid for full day

Gets full day pay

Leaves work earlier

Paid for time worked and Admin Leave + uses annual leave or comp time to get

paid for full day

Gets full day pay

Is scheduled for annual (vacation) or sick leave

Paid Admin Leave for time County offices are closed and uses annual Leave, comp time, or sick leave for

remainder of standard work day


Any Leave without Pay status (FMLA, Military Leave)

Leave without pay is still charged Leave without pay is still charged

47 Harnett County Personnel Ordinance

Reference Article V. Conditions of Employment: Employees may be required to report to work during emergency operations even if County offices are closed.

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Section 30. Volunteer Leave/Parent Involvement Leave

A. Regular Employees are authorized 1 ½ hours of administrative leave each week to perform volunteer work at a Harnett County school, school in which an employee has a child, or any non-profit Harnett County organization of their choice (Example: Food Pantry or Meal-on-Wheels).

B. This leave may be used in conjunction with other leave and lunch periods but may not be accumulated and/or carried forward to the next week. This leave must be approved of in advance.

C. In compliance with NC General Statute 95-28.3, Leave for Parent Involvement in Schools, an employee who is a parent, guardian, or person in standing in loco parentis of a school-aged child will be allowed to use four hours administrative leave to attend or otherwise be involved at that child’s school.

D. Volunteer Leave/Parent Involvement Leave shall be mutually agreed upon by supervisor and the employee.

E. The supervisor may require the employee to provide request 48 hours before the desired leave.

F. The employee may be required to provide documentation of use of volunteer or parent involvement leave.

(Amended September 19 2005) (Amended July 6 2009)

Harnett County Personnel Ordinance Article VII. Employee Benefits

Section 1. Insurance Benefits

Revised Insurance Benefits Policy: All full-time County employees hired on or after July 1st, 2015, or those employees who leave the employment of the County and return to work with the County on or after July 1st, 2015, shall be eligible for insurance benefits in accordance with the following policy.

A. The County will provide individual hospitalization to all full-time County employees. All full-time County employees shall be enrolled in the program in accordance with the provisions of the County’s insurance contracts on the first day of the month following a thirty (30) day waiting period.

B. Any full-time County employee may so choose to have money deducted from his or her check to provide dental insurance for him or herself and to provide hospitalization and dental insurance for any dependents he or she may have in accordance with the provisions of the County’s insurance contracts.

C. Retirement health benefits are provided on a pro-rated basis for years of service as listed below. Employees who are not eligible for the benefits as outlined below will not be allowed to remain on the County’s health insurance plan beyond any rights granted by the Consolidated Omnibus Budget Reconciliation Act (COBRA).

D. Individuals must be Harnett County employees at the time of retirement to be eligible.

E. Standard amount of supplement is to be determined by the BOC.

Retirement Health Benefits(Employees less than 65 not Medicare eligible)

Minimum Years of Consecutive Harnett County Service for Eligibility

Percentage of Cost Paid by County Until Age 65 or Medicare Eligible

20 Years 50%

25 Years 75%

30 Years 100%

Retirement Health Benefits(Employees older than 65 and/or Medicare eligible)


Percentage of Cost Paid by County After Age 65 or Medicare Eligible

20 Years 50%

25 Years 75%

30 Years 100%

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Grandfathered Insurance Benefits Policy: Full-time County employees of record as of June 30th, 2015 shall continue to be eligible to receive insurance benefits as defined below until such time as their employment with the County is terminated.

A. The County will provide individual hospitalization to all full-time County employees. All full-time County employees shall be enrolled in the program in accordance with the provisions of the County’s insurance contracts on the first day of the month following a thirty (30) day waiting period.

B. Any full-time County employee may so choose to have money deducted from his or her check to provide dental insurance for him or herself and to provide hospitalization and dental insurance for any dependents he or she may have in accordance with the provisions of the County’s insurance contracts.

C. Retirement health benefits are provided on a pro-rated basis for years of service as listed below. Employees who are not eligible for the benefits as outlined below will not be allowed to remain on the County’s health insurance plan beyond any rights granted by the Consolidated Omnibus Budget Reconciliation Act (COBRA).

D. Individuals must be Harnett County employees at the time of retirement to be eligible.

E. Standard amount of supplement is to be determined by the BOC.

Retirement Health Benefits(Employees less than 65 not Medicare eligible)


Percentage of Cost Paid by County Until Age 65 or Medicare Eligible

10 Years of Harnett County Service

Plus 20 Years of Local Government Service 50%

15 Years 50%

16 Years 55%

17 Years 60%

18 Years 65%

19 Years 70%

20 years 75%

21 Years 77%

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22 Years 79%

23 Years 81%

24 Years 83%

25 Years 85%

26 Years 88%

27 Years 91%

28 Years 94%

29 years 96%

30 Years 100%

Retirement Health Benefits(Employees older than 65 and/or Medicare eligible)


Percentage of Cost Paid by County After Age 65 or Medicare Eligible

15 Years 50%

16 Years 55%

17 Years 60%

18 Years 65%

19 Years 70%

20 years 75%

21 Years 77%

22 Years 79%

23 Years 81%

24 Years 83%

25 Years 85%

26 Years 88%

27 Years 91%

28 Years 94%

29 years 96%

30 Years 100%

Section 2. Unemployment Compensation

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Harnett County Personnel Ordinance County employees who are laid off or dismissed from the County service may apply for unemployment compensation through the local office of the Employment Security Commission. Eligibility for unemployment compensation will be determined by the Employment Security Commission.

Section 3. Social Security

The County, to the extent of its lawful authority and power, shall extend Social security benefits for its eligible employees in accordance with the provisions of the Social Security Act. The federal Social Security program provides monthly benefits upon retirement through the Social Security Administration.

Section 4. Retirement Benefits

Each employee in a budgeted position, working a minimum of 1,000 hours per year, will be enrolled in the Local Government Employees Retirement System. Employees contribute, through payroll deduction, six percent (6%) of their gross salary each month to the system. The County contributes an actuarially determined percentage of the gross payroll to the system.

Section 5. Death Benefit

If an employee dies while in active service with at least one (1) year as a contributing member of the Retirement System, the employee’s beneficiary will receive a lump sum payment equal to the employee’s highest twelve (12) months’ consecutive salary during the preceding twenty-four (24) months, but no less than $25,000 and not to exceed $50,000.

Section 6. Life Insurance

The County will provide life insurance to all employees occupying budgeted positions established at least half time. Employees shall be enrolled in the program in accordance with the provisions of the insurance carriers.

Section 7. Law Enforcement Officers’ Separation Allowance

A. The County shall provide a special separation allowance to qualified officers who retire early or leave service early and who meet all the following qualifications:

1. The officer must have completed thirty (30) years or more of creditable service or have attained fifty-five (55) years of age and completed five (5) or more years of creditable service.

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2. The officer must not yet be sixty-two (62). 3. The officer must have completed at least five (5) years of

continuous service as a law enforcement officer immediately before service retirement.

B. Payment of the separation allowance will cease if the officer (1) reaches age sixty-two (62), or (2) dies.

Section 8. Supplemental Retirement Income Plan for Law Enforcement Officers-401(k) All law enforcement officers automatically become members of the State Supplemental Retirement Income Plan on the date of hire. Section 9. Workers’ Compensation The County does everything possible to provide a safe and healthy work environment. If, however, the employee cannot work due to a compensable workrelated injury or illness, the matter is referred to and handled by the insurance carrier in keeping with the provisions of the North Carolina Workers’ Compensation Act. Worker’s Compensation provides three types of benefits:

A. Medical – hospital care benefits are exactly that, payments to offset the cost of medical treatment of hospital stays.

B. Disability benefits are paid at a specified rate for a stated number of weeks for a partial or total disability. The amount of the weekly benefit is based on the average pay of the employee.

C. Death benefits include a specified lump-sum amount for funeral expenses,

plus weekly payments (based on earnings of the employee) to surviving dependents.

D. The County pays the total cost of this program.

E. In accordance with General Statute 153A-94.1, employees who receive, within

the course and scope of their employment, a vaccination against smallpox in accordance with Section 304 of the Homeland Security Act and are absent from work as the result of an adverse medical reaction from the small pox vaccination will be treated the same as any other claim compensable under worker’s compensation.

F. The employee must report any accident, no matter how small, immediately to

their supervisor, department head, or the Human Resources Department. Section 10. Direct Deposit

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Harnett County Personnel Ordinance Employees can choose to electronically deposit their paychecks to their bank or credit union. This reduces the amount of time the employee has to spend at the bank and is typically safer than manually cashing checks.

Section 11. Benefits – Other (Flexible) Additional deductions or benefits may be allowed at the option of the employee, under the provisions of the insurance contracts, and their cost may be deducted from the employee’s pay, such as:

A. Section 401(k) Plan B. Miscellaneous insurance—i.e. cancer, accident, and others. C. Credit Union D. Deferred Compensation Plan (457) E. Charities Approved by the Board of Commissioners F. Uniforms for specific jobs and departments, as applicable; examples

are Public Utilities, Sheriff, Fire Marshall, EMS G. Vehicles for specific jobs and departments, as applicable H. Shoe allowance for specific jobs and departments, as applicable I. Section 125 Flex Plan

(Amended September 8 2009)

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ARTICLE VIII. SEPARATION, DISCIPLINARY ACTION, AND REINSTATEMENT Section 1. Types of Separation All separations of employees from positions in the service of the county shall be designated as one of the following types and shall be accomplished in the manner indicated: ∙ resignation, ∙ reduction in force, ∙ disability, ∙ retirement, ∙ dismissal, or ∙ death. Immediately upon notification to the Supervisor that an employee is separating, the Supervisor should inform the employee that out-processing is necessary at the Human Resources Department. Human Resources will coordinate with the separating employee concerning distribution of retirement funds, 401(k) contribution, continuation of medical benefits under the Consolidated Omnibus Budget Reconciliation Act (COBRA), conversion of life insurance plans, and a change of address, if necessary. Section 2. Resignation A minimum of two (2) weeks notice is expected of all resigning personnel. Such notice should be given to the department head (or in the case of department head resignations, to the County Manager and Boards, as necessary). Section 3. Voluntary Resignation An employee voluntarily terminates employment by failing to report to work without giving written or verbal notice to the employing agency. Such a failure shall be deemed to be a voluntary resignation from employment without notice when the employee is absent without approved leave for a period of at least three consecutive, scheduled workdays. Separation pursuant to this policy will not occur until the employee’s department and/or Human Resources Department has undertaken reasonable efforts, such as calling the employee at the last known home telephone number or by sending the employee a certified, return receipt requested letter to the employee’s last known address to locate the employee and determine when or if the employee is intending to return to work. This provision also applies when the employee is absent for at least three consecutive, scheduled workdays, and has been instructed verbally or in writing of a specific manner of reporting by management, and does not report in to the appropriate supervisory personnel on a regular basis satisfactory to the department head.

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Such separations as described above are voluntary separations from employment and create no right of grievance as described under Article IX.

Section 4. Reduction in Force In the event that a reduction in force becomes necessary, consideration shall be given to the quality of each employee’s past performance, organizational needs, and seniority in determining those employees to be retained. Employees who are laid off because of reduction in force shall be given at least two (2) weeks notice of anticipated lay-off. No regular employee shall be separated while there are temporary employees servicing in the same class in the department, unless the regular employee is not willing to transfer to the position held by the temporary employee. Section 5. Disability An employee may be separated for disability when the employee cannot perform the required duties because of a physical or mental impairment. Action may be initiated by the employee or the County, but in all cases it shall be supported by medical evidence as certified by a competent physician. The County may require an examination at its expense and performed by a physician of the County’s choice. Before an employee is separated for disability, a reasonable effort shall be made to locate alternative positions within the County’s services for which the employee may be suited. Department heads are requested to contact Human Resources when an employee begins to use vacation or sick leave for disability purposes. The reason is that we do not want the employee to deplete their leave and be in a leave without pay status prior to separation which may create financial hardship. Section 6. Death All compensation due in accordance with Article VI, Section 10 of this policy will be paid to the estate of a deceased employee. The date of death shall be recorded as the separation date for computing compensation due. Section 7. Disciplinary Actions

A. An employee may be reprimanded, suspended, demoted, or dismissed by the employee’s department head for just cause. The department head shall provide the employee with a written notice including the recommended effective date, reasons for the action,

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and appeal rights available to the employee. All letters for disciplinary action must be reviewed by the Human Resources Director prior to the department head providing to the employee.

B. An employee whose work is unsatisfactory over a period of time

shall be notified in writing by the department head in what way the employee’s work is deficient and what must be done if the work is to be satisfactory.

C. An employee who is reprimanded, suspended, demoted, or

dismissed for unsatisfactory performance of duties shall receive at least three (3) warnings before disciplinary action is taken. First, one (1) or more oral warnings must be issued by the employee’s immediate supervisor. Second, if the oral warning does not result in improved performance, a written warning must be issued by the supervisor, specifying the employee’s performance deficiencies and the steps required to achieve satisfactory performance. Third, if performance does not improve, a final written warning must be issued by the department head. A final written warning serves notice to the employee that corrective action must be taken immediately to avoid disciplinary action. The supervisor and the department head will record the dates of their discussions with the employee, the performance deficiencies discussed, and the corrective actions recommended and file the information with the Human Resources Department in the official personnel file. The County Manager will be notified by Human Resources of any disciplinary action taken.

D. An employee may be reprimanded, suspended, demoted, or

dismissed for reasons of misconduct without prior warning or disciplinary action having been given to the employee, depending on the severity of the offense.

E. An employee may be suspended without notice by the department

head for causes related to personal conduct in order to avoid undue disruption of work, to protect the safety of persons or property, or for other serious reasons. When the department head suspends an employee without notice, the employee shall be required to leave County property at once and remain away until further notice. The department head shall notify Human Resources and the County Manager immediately. A written summary giving the circumstances and the facts leading to the immediate suspension shall be prepared; one (1) copy shall be

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delivered to the employee by certified mail, one (1) copy shall be filed in the Human Resources Department official personnel file, and one (1) copy shall be filed with the County Manager.

F. Before any suspension, dismissal or demotion action is taken,

whether for misconduct or unacceptable performance, the department head shall provide the employee with a written notice of proposed disciplinary action, which will include the nature of the proposed action, its recommended effective date, the reason(s) for the action, and a date and time for a pre-disciplinary conference. At this conference the employee may present any response to the proposed disciplinary action to the department head. The department head will consider the employee’s response, if any, to the proposed disciplinary action, and will within three (3) working days of the pre-disciplinary conference, notify the employee in writing of the final decision to take disciplinary action. The notice of final disciplinary action shall contain a statement of the reason(s) for the action and the employee’s appeal rights. The Human Resources Director and County Manager will be provided with a written notice of action taken.

The following causes relating to failure in the performance of duties are representative of those considered to the adequate grounds for suspension, demotion, or dismissal:

(a) inefficiency, negligence or incompetence in the performance of duties;

(b) careless, negligent or improper use of County property or

equipment;

(c) physical or mental incapacity to perform duties;

(d) discourteous treatment of the public or other employees;

(e) absence without approved leave;

(f) habitual improper use of leave privileges; and

(g) habitual pattern of failure to report for duty at the assigned time and place.

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The following causes relating to failure in personal conduct are representative of those considered to be adequate grounds for suspension, demotion, or dismissal;

(a) fraud in securing appointment; (b) conduct unbecoming a public officer or employee;

(c) conviction of a felony or of a misdemeanor which would

adversely affect performance of duties, or entry of a plea of “no contest” to either;

(d) misappropriation of County funds or property;

(e) falsification of County records for personal profit or to grant

special privileges;

(f) reporting to work under the influence of alcohol or narcotic drugs or partaking of such things while on duty or while on public property; except that prescribed medication may be taken within the limits set by a physician so long as medically necessary;

(g) willful damage or destruction of property;

(h) willful acts that would endanger the lives and property of others;

(i) acceptance of gifts in exchange for “favors” or “influence”;

(j) incompatible employment or conflict of interest; and,

(k) violation of political activity restrictions.

G. Before a regular employee may be dismissed, the following shall

occur:

(a) The supervisor recommending dismissal should discuss the recommendation with, and receive approval of, the appropriate management.

(b) A pre-dismissal conference shall be held between management

representative(s) and the employee. No attorneys or other such representatives for either party shall be present at this conference; a witness or security personnel may be present, if

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management deems it necessary. The management representative shall present the employee with the specific reasons for the proposed dismissal and a brief summary of the information which management believes supports the proposed dismissal. The employee shall have a right to respond to that notice of proposed dismissal in the conference.

(c) If, at the end of the pre-dismissal conference, the department

head determines that dismissal is justified, they may present the employee with a letter of dismissal. However, the department head may elect to defer the dismissal based on information presented by the employee, and reconsider the dismissal. If, after consideration, the decision is to dismiss, no further predismissal conference is required.

(d) The employee must be given written notice of the dismissal.

This written notice must include the specific reasons for the dismissal and the employees’ right of appeal.

(e) Upon dismissal on the basis of job performance, an employee

may be given up to two weeks notice. In exceptional circumstances, and with the prior approval of the County Manager, a payment of up to two weeks salary may be given in lieu of notice. Notice or pay in lieu of notice shall apply only to dismissals based on job performance.

Section 8. Investigatory Suspension

A. Investigatory suspension without pay may be used to provide time to investigate, establish facts, and reach a decision concerning an employee’s status. Investigatory suspension without pay may be appropriately used to provide time to schedule and hold a pre-dismissal conference. Also, the County may elect to use an investigatory suspension to avoid undue disruption of work or to protect the safety of persons or property. An investigatory suspension without pay shall not exceed forty-five (45) calendar days. If no action has been taken by management by the end of the forty-five (45) calendar days, one of the following must occur: reinstatement of the employee with full back pay; appropriate disciplinary action based on the results of the investigation; or, reinstatement of the employee with up to three (3) days pay deducted from back pay.

B. Investigatory suspension of an employee shall not be used for the

purpose of delaying an administrative decision on an employee’s work

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status pending the resolution of a civil or criminal court matter involving the employee.

C. An employee who has been suspended for investigatory reasons may be

reinstated with up to three (3) days pay deducted from his or her salary. The decision to deduct pay is to be based upon management’s determination of the degree to which the employee was responsible for or contributed to the reasons for suspension. The period constitutes a disciplinary suspension without pay and must be effected in accordance with Section 4. (f) of this article.

Section 9. Employee Appeal An employee wishing to appeal a reprimand, a demotion, a suspension, or a dismissal may present the matter using the grievance procedure prescribed in Article IX of this ordinance. Section 10. Reinstatement

A. An employee who resigns while in good standing or who is separated because of reduction in force may be reinstated within three (3) years of the date of separation, with the approval of the department head, the County Manager, and in the case of competitive service employees, in accordance with Personnel Policies for Local Government Employees Subject to the State Personnel Act.

B. An employee who enters extended active duty with the Armed Forces of

the United State, the Public Health Service or with a Reserve component of the Armed Forces will be granted reinstatement rights commensurate with Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), codified at 38 U.S.C. §§4301–4333.1.

C. An employee who is reinstated shall be credited with previous service and

previously accrued sick leave and will receive all benefits provided in accordance with this policy and state law. The salary paid a reinstated employee shall be as close as reasonably possible, given the circumstances of each employee’s case, to the salary previously attained by the employee in the salary range for the previous class of work.

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ARTICLE IX. GRIEVANCE PROCEDURE Section 1. Purpose The grievance procedure provides an adequate and fair means for hearing matters of concern to County employees. Section 2. Coverage This grievance procedure applies to all departments and all employees of the County. A grievance is defined as any matter of concern or dissatisfaction arising from the working conditions or an employee, subject to the control of the County. A grievance is a claim or complaint based upon an event or condition which affects the circumstances under which an employee works, allegedly caused by misinterpretation, unfair application, or lack of established policy pertaining to employment conditions. A grievance might involve alleged safety or health hazards, unsatisfactory physical facilities, surroundings, materials or equipment, unfair or discriminatory supervisory or disciplinary practices, unjust treatment by fellow workers, unreasonable work quotas, or any other grievance relating to conditions of employment. Section 3. Policy Every employee shall have the right to present a grievance in accordance with these procedures, with or without a representative, free from interference, coercion, restraint, discrimination, penalty, or reprisal. Employees will be allowed such time off from their regular duties as may be necessary and reasonable by the department head or the County Manager to prepare and present a grievance. Section 4. Procedure In order to maintain a harmonious and cooperative relationship between the County and its employees, it is the policy of the County to provide for the settlement of problems and differences through an orderly grievance procedure. It is the responsibility of supervisors at all levels, consistent with authority delegated to them, to consider and take appropriate action promptly and fairly on a grievance of any employee. In adopting this policy, the County sets forth the following objectives to be attained in this program:

• Assure employees of a way in which they can get their problems or complaints considered rapidly, fairly, and without fear of reprisal.

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• Encourage the employee to express themselves about how the conditions

of work affect the employee.

• Get better employee understanding of policies, practices, and procedures which affect them.

• Provide employees with assurance that actions are taken in accordance

with policies.

• Provide a check on how policies are carried out by supervisors.

• Give supervisors a greater sense of responsibility in their dealings with employees.

A. Step One. An employee must file a grievance, either orally or in

writing, with the immediate supervisor within thirty (30) days of the date of the incident giving rise to the grievance. If the employee alleges sexual harassment by the immediate supervisor, the employee may file the complaint with the Human Resources Director, as set forth in Article V. Section 6. If the grievance concerns an appeal of a dismissal, it shall be filed directly with the appointing authority at Step Three. The immediate supervisor shall meet with the employee within five (5) days of receipt of the grievance and attempt to resolve the grievance informally. If informal resolution efforts fail, the immediate supervisor shall issue a written decision on the grievance not later than five (5) days following the meeting.

B. Step Two. If the employee is dissatisfied with the response at Step

One, the employee may file the grievance in writing with the department head within five (5) days of receipt of the immediate supervisor’s written decision. The grievance shall state concisely the basis for the complaint and, if based on alleged discrimination, indicate whether the alleged discrimination was based on race, color, religion, sex, national origin, political affiliation, non-disqualifying handicap, or age. The department head shall meet with the employee within five (5) days of receipt of the Step Two grievance, shall review the decision at Step One, and shall make an independent determination on the merits of the grievance. Within ten (10) days of the meeting with the employee, the department head shall issue a written decision.

C. Step Three. If the employee is dissatisfied with the response at Step

Two, the employee may forward the written grievance to the Human

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Resources Director, County Manager, or appointing authority (Sheriff, Register of Deeds, Health Director, etc.) within five (5) days of receipt of the Step Two decision. The employee may request a decision from the appointing official directly. If the employee requests a decision directly, the County Manager or other appointing official will render a decision within fifteen (15) days of receipt of the grievance.

Section 5. Final Decision of the Grievance

A. The County Manager or the other appointing official shall inform the employee and department head, in writing, of the final decision.

B. Employee subject to the jurisdiction of the North Carolina

Personnel Commission shall have the right to appeal to the State Personnel Commission through the Office of Administrative Hearings not later than thirty (30) days after receipt of notice of the appointing authority’s decision, provided the employee has obtained permanent status in accordance with the rules and regulations of the State Personnel Commission. The decisions of the state Personnel Commission shall be binding in appeals of local employees subject to the State Personnel Act if the commission finds that the employee has been subjected to discrimination or if a binding decision is required by applicable federal standards. However, in all other local employee appeals, the decision of the State Personnel Commission shall be advisory to the local appointing authority.

Section 6. Maintenance of Records All documentation, records, and reports will be retained for a minimum of three (3) years and shall be held by the Human Resources Director. These records will be subject to review by the grievant, the employee’s department head, the County Manager or other appointing authority, and the Board of Commissioners. Section 7. Other Remedies Preserved The existence of the grievance procedure does not preclude any individual from pursuing any other remedies available under law. ARTICLE X. PERSONNEL RECORDS AND REPORTS Section 1. Personnel Record Maintenance

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Such personnel records as are necessary for the proper administration of the personnel system will be maintained by the County Human Resources Director. The County shall maintain in personnel records only information that is necessary and relevant to accomplishing personnel administration needs. It is very important for employees to ensure that the County has your correct home address and telephone number at all times. Employees must report any changes immediately to their supervisor and the Human Resources Department. This is important to the employee for several reasons, such as reaching the employee or family in the case of an emergency. If the employee has a change in their personal status, such as marital status change, birth of a child or death of a family member, they should contact the Human Resources Department immediately. This is especially important for insurance coverage, since many times there are restrictions on coverage if the employee waits to notify beyond 30 days from the status change. Section 2. Information Open to the Public The following information on each County employee is public information:

A. Employee Name B. Employee age C. Date of original employment or appointment to County services D. Current position title E. Current salary F. Date and amount of most recent change (increase or decrease) in

salary (but not the date and amount of any previous salary change).

G. Date of most recent promotion, demotion, transfer, suspension, separation, or other change in position classification (again, however, not the date of any previous change in position or disciplinary action).

H. Office to which the employee is currently assigned. Section 3. Access to Personnel Records As required by G.S. 153A-98, any person may have access to the information listed in Section 2 of this article for the purpose of inspection, examination, and copying during the regular business hours, subject only to such rules and regulations for the safekeeping of public records as the Board of Commissioners may adopt. Any person denied access to any record shall have the right to compel compliance with these provisions by application to a court for writ of mandamus or other appropriate relief.

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Section 4. Confidential Information All information contained in a County employee’s personnel file, other than the information listed in Section 2 of this article, will be maintained as confidential in accordance with the requirement of G.S. 153A-98 and shall be open to public inspection only in the following instances:

A. The employee or his duly authorized agent may examine all portions of his personnel file, except, (1) letters of reference solicited prior to employment, and (2) information concerning a medical disability, mental or physical, that a prudent physician would not divulge to his patient.

B. A licensed physician designated in writing by the employee may

examine the employee’s medical record.

C. A County employee having supervisory authority over the employee may examine all material in the employee’s personnel file.

D. By order of the court of competent jurisdiction, any person may

examine all material in the employee’s personnel file.

E. An official of any agency of the State or Federal government, or any political subdivision of the State, may inspect any portion of a personnel file when such information is deemed by the Human Resources Director to be necessary and essential to the pursuance of a proper function of the inspecting agency, but no information shall be divulged for the purpose of assisting in a criminal prosecution of the employee or for the purpose of assisting in an investigation of the employee’s tax liability.

F. Each individual requesting access to confidential information will be

required to submit satisfactory proof of identification.

G. A record shall be made of each disclosure and placed in the employee’s file (except disclosures to the employee and the supervisor).

Section 5. Records of Former Employees

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The provisions for access to records apply to former employees as they apply to present employees. Section 6. Remedies of Employees Objecting to Material in File An employee who objects to material in his file may place in his file a statement relating to the material he considers to be inaccurate or misleading. The employee may seek the removal of such material in accordance with established grievance procedure. Section 7. Penalty for Permitting Access to Confidential File by Unauthorized Person G.S. 153A-98 provides that any public official or employee who knowingly and willfully permits any person to have access to any confidential information contained in an employee personnel file, except as expressly authorized by the designated custodian, is guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed five hundred dollars ($500.00). Section 8. Destruction of Records No public official may destroy, sell, loan, or otherwise dispose of any public record, except in accordance with G.S. 121-5(b), without the consent of the State Department of Cultural Resources. Whoever unlawfully removes a public record from the office where it is usually kept, or whoever alters, defaces, mutilates, or destroys it, will be guilty of a misdemeanor and upon conviction will be fined not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) as provided in G.S. 132-3. ARTICLE XI. IMPLEMENTATION OF POLICY Section 1. Conflicting Policies Repealed

All policies, ordinances or resolutions that conflict with the provisions of this policy are hereby repealed.

Section 2. Separability

If any provision of this policy or any rules, regulations, or order thereunder of the application of such provision to any person or circumstances is held invalid, the remainder of this policy of such rules, regulations or orders to persons or circumstances other than those held invalid will not be affected thereby.

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Section 3. Violations of Policy Provision

An employee violating any of the provisions of this policy shall be subject to suspension and/or dismissal, in addition to any civil or criminal penalty, which may be imposed for the violation of the same.

Section 4. Effective Date

This ordinance became effective upon adoption. Duly adopted this 3rd day of January, 2005. HARNETT COUNTY BOARD OF COMMISSIONERS ___________________________________________ Teddy J. Byrd, Chairman ATTEST: ____________________________ Kay S. Blanchard Clerk to the Board

This Ordinance has been prepared as an overview of the personnel ordinance, and contains general statements on the United States and North Carolina General Statutes,

Supreme Court Decisions and other Acts that apply to Personnel Management within Harnett County. Since this ordinance cannot provide all the specific details on any given

subject, you should contact your supervisor, manager or the Human Resources Department about any sections for which you may need clarification. Changes may be made from time to time by the Federal, State and Local Governments, Supreme Court

Decisions and will be provided as they occur. However, where differences occur, official policies, procedures, or benefits plans are the governing documents.

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Documents

Microsoft Word - Article I 13.06.19 (RV). Web viewInvestigatory Suspension 59 ... or specific project ... If the employee was on duty and departed on leave after official word was