HomeMy WebLinkAboutResolutions - 1980.10.16 - 121489484
Miscellaneous Resolution # July 24, 1980
BY: PERSONNEL COMMITTEE - John J. McDonald, Chairperson
IN RE: SUBMISSION OF CHANGES IN MERIT SYSTEM RULES 2, 3, 8 and 22
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Section IV., Subsection A. of the Merit System Resolution
requires that all changes in the rules and regulations of the Merit System
shall be submitted to the Board of Commissioners at a regular meeting of
the Board and shall become effective thirty (30) days after such meeting
unless objection is received in writing by the Chairperson of the Board
of Commissioners, in which case the objection shall become a matter of
business at the next meeting of the Board; and
WHEREAS it has become desirable to make certain changes in the
wording of Rules 2, 3, 8 and 22, as spelled out in the attachments to this
resolution; and
WHEREAS your Personnel Committee has reviewed and approved these
changes at its meeting of July 9, 1980,
NOW THEREFORE BE IT RESOLVED that the reading of this notice and
the distribution of this notice and the attached document labeled "Proposed
Changes in the Merit System Rules" to all Commissioners present and absent
to be considered as the official submission to the Board of Commissioners,
of the described changes in Rules 2, 3, 8 and 22.
Mr. Chairperson, on behalf of the Personnel Committee, I move the
adoption of the foregoing resolution.
PERSONNEL COMMITTEE
REPORT
BY: PERSONNEL COMMITTEE - John J. McDonald, Chairperson
IN RE: MISCELLANEOUS RESOLUTION #9484/SUBMISSION OF CHANGES IN MERIT
SYSTEM RULES 2, 3, 8 and 22
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed Miscellaneous
Resolution #9484 regarding changes in Merit System Rules 2, 3, 8 and
22, recommends adoption of the resolution, and further recommends the
amendments to Rule 2, Section VI and Rule 8 as spelled out in the
attachments to this report.
Mr. Chairperson, on behalf of the Personnel Committee, I
move the adoption of the foregoing report.
PERSONNEL COMMITTEE
RECOMMENDED AMENDMENTS TO PROPOSED RULE 2, SECTION VI
RULE 2
PROPOSED WORDING
Rule 2
Section VI MERIT INCREASES
A Merit Increase is defined as advancement
to the next higher step within a salary
range based upon performance as well as
eligibility. Eligibility shall be
determined by length of service completed
at a step within the salary range of the
employee's classification. The length of
service for each step of a classification's
salary range is indicated in the official
Oakland County Salary Schedule,
A Merit Increase shall require the written
recommendation of the employee's Department
Head on the official Personnel Department
Merit Increase form. The overall written
recommendation shall be expressed in terms
of no less than above average to outstanding
performance to substantiate that an increase
was merited. Above average to outstanding
performance standards are written standards
reasonably established by department
authority in accord with the employee's
official classification specification and
departmental policies and procedures.
These standards shall provide the basis for
Merit Increase determinations.
The affected employee shall receive a copy
of the completed Merit Increase form,
whether the Merit Increase was granted or
not.
A. In unusual circumstances an employee
may receive an early merit increase,
i.e. moving to a salary step earlier
than provided for in the salary
structure. Such movement must be
clearly justified for exceptional
performance and/or additional experience
or education not previously considered
in other salary decisions.
Documentation for such consideration
shall be submitted in compliance with
applicable provisions of the Merit
System rules, administrative guidelines
as established by the County Executive,
and approved in advance by the Personnel
Department.
AMENDED WORDING
Rule 2
Section VT MERIT INCREASES
A Merit Increase is defined as advancement
to the next higher step within a salary
range based upon performance as well as
eligibility and the written recommendation
of the employee's Department Head.
Eligibility shall be determined by length
of service completed at a step within the
salary range of the employee's classifi-
cation, The length of service for each step
of a classification's salary range is indi-
cated in the official Oakland County Salary
Schedule, Evaluation of performance shall
be conducted by Department Authority based
on performance standards reasonably
established and in accord with the
employee's classification and departmental
policies and procedures. The affected
employee shall receive a copy of the
completed Merit Increase form whether the
Merit Increase was granted or not.
A disapproved Merit Increase is a discipli-
nary action, and as such, may be appealed
to the Personnel Appeal Board.
A. (No Change)
(No Change)
RECOMMENDED ADMENDMENTS TO PROPOSED RULE 2, SECTION VI(CONTINUED)
PROPOSED WORDING
B. An employee not granted a merit increase
must receive a written explanation of
the reasons therefore and the improve-
ment in performance required to
qualify for a merit increase. This
performance must be reviewed again
at six month intervals.
C. If the merit increase is not granted
at the end of 18 months from the date
of the first denial, it shall be deemed 1
a disciplinary action at that point in ,
time, and as such, may be appealed to
the Personnel Appeal Board.
D. If the Personnel Appeal Board grants
the merit increase, it cannot be
effective earlier than 18 months prior
to the date it became a disciplinary
action as defined above,
NOTE: For the purpose of implementing
this rule the Personnel Appeal Board
is deemed to have the authority to
grant Merit Increases retroactively but
no more than 18 months prior to the
date the matter became a disciplinary
action (18-ment4-ef.telle-f4r-Elae
of-e01,1Iy) despite the jurisdic-
tional limitations of the Board.
A,[E.] The indicated length of service in
the classification shall include only
service credited during that period
toward the employee's Benefit
Anniversary Date under Rule 22, III,
B. 1, a,
AMENDED WORDING
B, An employee not granted a merit
increase shall receive a written
explanation of the reasons therefore
and written notice of the improvement
in performance required to qualify
for a merit increase.
(Delete)
(Delete)
(Delete)
C. The indicated length of service in
the classification shall include only
service credited during that period
toward the employee's Benefit
Anniversary Date under Rule 22, III,
B, 1. a.
(NO CHANGE)
Page 2
ORDI AMENDED WORDING PROPOSE
RECOMMENDED AMENDMENTS TO PROPOSED RULE 8
RULE 8 AMENDMENTS
Rule 8 1 Rule 8
Section III (P. 8 in "Proposed Rule Changes")
TYPES OF PROGRESSIVE CORRECTIVE AND
DISCIPLINARY ACTIONS (P. 8 and 9, "Proposed
Rule Changes")
When corrective or disciplinary action is 1 (No Change)
necessary, the following sequence should be
followed:
. Oral Reprimand (Section III.A. Not a 1 (No Change)
disciplinary action and therefore not
appealable within the intent of Rule 3.)
• Written Reprimand (Section III.B. Not a 1 (No Change)
disciplinary action and therefore not
appealable within the intent of Rule 8.)
TYPES OF PROGRESSIVE CORRECTIVE AND
DISCIPLINARY ACTIONS •
• Withholding a Merit Increase After 18
Months from the first date of denial
(Section III.C. Appealable Disciplinary
Action.)
• Withholding a Merit Increase
(Section III.C. Appealable Disciplinary
Action.)
RULE 8, SECTION III, SUBSECTIONS A AND B (P. 9 and 10, "Proposed Rule Changes") SANE
AS SUBCOMMITTEE RECOMMENDATION - NO CHANGE.
Rule 8
Section III
Subsection C (P. 14 "Proposed Rule Changes")
WITHHOLDING A MERIT SALARY INCREASE AFTER
18 MONTHS FROM THE COMPLETION OF THE
PREREQUISITE LENGTH OF SERVICE IN THE
CLASSIFICATION
Rule 8
Section III
Subsection C
WITHHOLDING A MERIT SALARY INCREASE AFTER
COMPLETION OF THE PREREQUISITE LENGTH
OF SERVICE IN THE CLASSIFICATION
1. 1. Merit Increases in salary are given based
on the passage of a certain amount of
time in the employee's classification
(eligibility) performance and on the
written recommendation of the employee's
Department Head. (See the County Salary
Schedule for the time intervals between
Merit Increases.) See also Rule 2,
Section VI.
AMENDED WORDING
2,- The Withholding of a Merit Salary
Increase is a disciplinary action within
the intent of Rule 8 and is therefore
appealable to the Personnel Appeal
Board. This action is taken by
Department Authority to withhold a
Merit Increase in salary at the point
where the employee has spent the
specified amount of time in a classificatic
required for the Merit Increase.
(No Change)
4, The Withholding of a Merit Increase in
salary is a disciplinary action in
which the employee is directed in writing,
in the Merit Increase performance rating
and written comments, to correct an
action or behavior found objectionable
in terms of employee conduct or performance
The Withholding of a Merit Increase may
also be used to point out an employee's
failure to observe a Merit System or
Departmental rule, policy, administrative
instruction, or repeated infractions of a
lessor nature for which the employee may
have received oral and/or written
reprimands.
3.
PROPOSED WORDING
The Withholding of a Merit Salary Increase
will be considered a corrective and non-
appealable action taken by a Department
Authority to withhold a Merit Increase
in salary at the point where the
employee has spent the specified amount
of time in a classification required for
the Merit Increase (see Salary Schedule
for time intervals between Merit Increases
for the various County classifications).
This action taken by the Department
Authority shall be considered a
disciplinary action only at the end of
18 months from the date of the first
denial of the Merit Increase, and at such
time shall be appealable to the Personnel
Appeal Board. (See also Rule 2,
Section VI.) (P. 14, "Proposed Rule
Changes")
2. A Merit Increase granted by the
Personnel Appeal Board cannot be
effective earlier than 18 months prior
to the date it (the withholding of the
Merit Salary Increase) became a
disciplinary action as defined above.
(P. 15, "Proposed Rule Changes")
3. Withholding a Merit Increase must be for
just cause relative to an employee's
performance or lack of performance,
their attitudes and work habits (refer
to Section V of this rule - "Examples of
Cause"). (P. 15, "Proposed Rule Changes")
4. The Withholding of a Merit Increase
within the first 18 months after the
initial denial is considered a
corrective disciplinary action in which
the employee is directed in writing, in
the performance rating and written
comments, to correct an action or
behavior found objectionable in teims
of employee conduct or performance.
The Withholding of a Merit Increase may
also be used to point out an employee's
failure to observe a Merit System or
Departmental rule, policy, administrative
instruction, or repeated infractions of
a lessor nature for which the employee
Page 2
5
PROPOSED WORDIN AMENDED WORDING •
may have received oral and/or written
reprimands. (P. 15, "Proposed Rule,
Changes")
5. (No Change)
a. (No Change)
b. (No Change)
c. (No Change)
d, (No Change)
6. (No Change)
5. Subcommittee Recommendation
(P. 15, "Proposed Rule Changes")
a. Subcommittee Recommendation
(P. 15, "Proposed Rule Changes")
b. Subcommittee Recommendation
(P. 16, "Proposed Rule Changes")
c. Subcommittee Recommendation
(P. 16, "Proposed Rule Changes"
d. Subcommittee Recommendation
(P. 16, "Proposed Rule Changes")
6. Subcommittee Recommendation
(P. 16, "Proposed Rule Changes")
7. Subcommittee Recommendation
(P. 16, "Proposed Rule Changes")
8. A disapproved Merit Increase shall be
reviewed again at six (6) month intervals
from the date of the first denial of the
Merit Increase. The Department Authority
shall complete and return this form to
the Personnel Department on or before
the completion of the designated review
date. (P. 17, "Proposed Rule Changes")
9. Subcommittee Recommendation
(P. 17, "Proposed Rule Changes")
10. Subcommittee Recommendation
(P. 18, "Proposed Rule Changes")
7. (No Change)
8. A disapproved Merit Increase form shall
include the Department Authority's
designation of the next date on which
the withheld Merit Increase will be
- reviewed. The designated review date
may be any time after the date the Merit
Increase was formally withheld, but in
any case no later than when the employee's
next scheduled Merit Increase date
would have occurred had the current
scheduled Merit Increase not been denied.
The next designated review date for
employees denied a Merit Increase to
the last salary step for their classifi-
cation may be any time after the date
the Merit Increase was formally denied but
in any case no later than 12 months after
the date of the withholding action.
. (No Change)
10. (No Change)
Page 3
AMENDED WORDING
D. (No Change)
E. (No Change)
F. (No Change)
Withholding of a Merit Increase (after the
prerequisite length of service in a
classification)
Suspension Without Pay
Demotion
Dismissal
1. (No Change)
(No Change)
3. (No Change)
4. (No Change)
PROPOSED WORDING
D. Subcommittee Recommendation
(P. 18, "Proposed Rule Changes")
E. Subcolumittee Recommendation
(P. 22, "Proposed Rule Changes")
F. Subcommittee Recommendation
(P. 23, "Proposed Rule Changes")
G. 'Subcommittee Recommendation 1 G. (IO Change)
(P. 26, "Proposed Rule Changes")
Rule 8 RUle 8
Section IV (P. 28 in "Proposed Rule Changes") Section IV
METHODS OF NOTIFYING AN EMPLOYEE OF A METHODS OF NOTIFYING AN EMPLOYEE OF A
DISCIPLINARY ACTION DISCIPLINARY ACTION
Withholding of Merit Increase After 18 Months
from the Completion of the Prerequisite Length
of Service in a Classification
Suspension Without Pay
Demotion
Dismissal
1. Subcommittee Recommendation
(P. 28, "Proposed Rule Changes")
2. Subcommittee Reconifflendation
(P. 28, "Proposed Rule Changes")
3. Subcommittee Recommendation
(P. 29, "Proposed Rule Changes")
4. Subcommittee Recommendation
(P. 29, "Proposed Rule Changes")
Rule 8
Section V (P. 30, Proposed Rule Changes")
DISCIPLINARY ACTION MUST BE FOR "CAUSE"
An employee shall receive corrective or
disciplinary actions only for a specific,
clearly described reason or "cause".
Rule 8
Section V
DISCIPLINARY ACTION MUST BE FOR "CAUSE"
An employee shall receive corrective or
disciplinary actions only for a specific,
clearly described reason or "cause".
(NO CHANGE)
Page 4
OPOSED WORDING
Corrective actions are oral reprimands,
written reprimands and withholding of a
Merit Salary Increase prior to it becoming a
disciplinary action (see Section III, C.)
Disciplinary actions are Suspension Without
Pay, Demotion, Dismissal, or Withholding of
, a Merit Increase After 18 months from the Date
the Employee was Eligible.
AMENDED WORDING.
Corrective actions shall include but may
not be limited to:
• Oral Reprimands
• Written Reprimands (See Rule 8,
Section III, A and B)
Disciplinary actions include and are limited
to:
• Withholding a Merit Salary Increase After
Completion of the Prerequisite Length
of Service in the Classification.
• Suspension Without Pay
• Demotion -
• Dismissal
The Department shall clearly specify and
identify with particularity the specific
reasons Or "cause" for the corrective or
disciplinary action taken.
The Department Authority shall clearly
specify the specific reasons or "cause"
for the corrective or disciplinary action
taken.
THE REMAINDER OF RULE 8, SECTION V IS RECOMMENDED FOR ADOPTION AS PREVIOUSLY PRESENTED -
TO THE BOARD,
Page 5
COUNTY OF OAKLAND
DANIEL. T. MURPHY, COUNTY EXECUTIVE
Attached is a copy of the proposed changes in Merit System
Rules 2, 3, 8, and 22 as presented to the Board of
Commissioners at their meeting of July 24, 1980 and
referred back to the Personnel Committee on September 4,
1980 for review and further recommendation.
Department of Personnel
1200 NORTH TELEGRAPH ROAD. PONTIAC, NILCHIGAN 4H0,13
(313) 858-0530
RULE 2
RULE/SECTION CURRENT WORDING PROPOSED WORDING
Rule 2, Section VI MERIT INCREASES T INCREASES
eceive.
PROPOSED MERIT SYSTEM RULE CHANCES
PAGE
The advancement to the next higher
rate within a salary range shall
be called a Merit Increase and
shall be based not only on the
passage of the indicated length of
service in the classification, but
also on the written recommendation
of the employee's Department Head
as expressed on the official
Personnel Department Merit Increase
form. The affected employee shall
receive a copy of the completed
Merit Increase form, whether the
Merit Increase was granted or not'.
A disapproved Merit Increase is a
disciplinary action, and as such,
may be appealed to the Personnel
Appeal Board.
[A Merit increase is AS
advancement to the next
step within a salary ranee '_7,ed
upon performanee as well a ,
eligibility. Eligibility shall.
be determined by length of ser -ice
completed at a step within
salary range of the employee' •
classification. The length of
service for each step of a
classification's salary range is
indicated in the official Oakland
County Salary Schedule,
A Merit Increase shall require
written recm7.Thtion of LI:
employee's T).ment Head
official Persoheel Depart
Increase form. The overal
recommendation shall be ex -:_e
in terms of no less than a,e':e
average to outstanding perorr-eaee
to substantiate that an
was merited. Above avh
outstanding perfo=
are written sta-ards
established by
in accord with thc
official classificatic:l Heeific
tion and departmental p:heies
procedures. These stens tL
provide the basis fvt
Increase determinations.
The affected employee L;:la
a copy of the completed
Increase form, whether
Increase was granted or not
A. The indicated length of service
in the classification shall
include only service credited
during that period toward the
employee's Benefit Anniversary
date under Rule 22, III, B, 1,
a.
In unusual circumstances an em-
ployee may receive an early
merit increase, i.e. moving to
a salary step earlier than
provided for in the salary
structure. Such movement must
be clearly justified for
exceptional performance and/or
PAGE; 2
RULE/SECTION
PROPOSED MERIT SYSTEM RULE CHANGES
CURRENT WORDING PROPOSED WORDING
additional experience or edu-
cation not previously con-
sidered in other salary
decisions.
Docl.imentation for
deration shall be
compliance with
provisions of the
rules, administra
lines as establis
County Executive,
in advance by the
Department.
such consi-
ubmitted
-Jirnble
rit
guide-
ad
An employee not granted merit
increase must receive ,itten
explanation of the re
therefore and the
performance required t- ify
for a merit increase.
performance must be
again at six month iraa
If the merit increase 12 Aot
granted at the end of IL ths
from the date of the f
denial, it shall be d
disciplinary action a
point in time, and as
may be appealed to th
Appeal Board.
If the Personnel Appeal Board
grants the merit increase, it
cannot be effective earlier
than 18 months prior to the
date it became a di..ciplinary
action as defined
NOTE: For
implementing rul,?
Personnel AppeA. Board.
deemed to have the authority
to grant Merit Increases
retroactively but no mor.2 than
18 months prior to th,'
the matter became a di•......:12_1ary
action (1-g—ei.--tte-r-t7iT
in
'
PAGE 3
{ST EN
-3-
EP3,ECTION CURPENT '0"ORDING PROPOSED TORDINC,
despite the jhridictiohal
limitations of: the Board.1
A“E.] The indicatc:'„ 7::17gth of
service in the
shall include ohlY service
credited during that T_?:.Liod
toward the employee'.:;
Anniversary Date under 22,
III, B, 1, a.
RULE/SECTION PROPOSE. CURRENT
d. The Personnel
shall decide, has,
upon information
in the
request aea is
Personnel Depar ss's
?ACE 4
PROPOSED YERT.7 Svs= FUZE Cil;'':SCs
RULE 3
Rule 3, Section II, A, 4 4. An employee wishing to have the
classification of their posi-
tion studied shall make such
a request in writing to their
Department Head. Department
- Heads shall note that they have
seen the request and forward it
to the Personnel Director along
with a recommendation as to the
need for a study no later than
14 days after receipt of
request.
• An employee wies:
the classificaCst ti
position studie_" s'•all m-es
such a -eq: es-e: urit inr
their f:eee.m• Head.
Depar -nies !e••s shall note
the': t's.-y. aa,s- seen. the
reqi . ass -rward it to the
Personnel. Director along 'e_th
a recommendation as ti
need for a. study no late: :es
14 days after receipt of
request.
a. Such a request shall iden-
tify the reasons for
requesting reclassification
b. The Personnel Department
shall review the request
and shall determine whether
a classification study is
warranted, based on the
reasons cited in the
request. The Personnel
Department shall respond
. within 30 calendar days
after receipt of the
request from the Depart-
ment Head regardless of
whether or not a study is
warranted and shall cite
their reasons for taking
such a position.
c. If an employee has request-
ed a classification study,
and if that request has
been found by both the
Personnel Department and
the Personnel Committee to
not warrant such a study,
then any subsequent request
by that employee for a
classification study, so
• long as the employee
- remaining in that same
classification, must
specifically identify the
job elements which have
been changed or added since
a. Such a request
identify the
requesting recLe.s.
tion.
b. The Personnel Department
shall review the request
and shall determine
whether a classificatic
study is warranted,
on the reasons eit,d
the request. THe
Department shs17 eep:md
within 30 csiee*,;L 4
after receipt cl
quest from th..
Head regardless e: ,s,eher
or not a. study is -e.e- Late
and shall cite their
reasons for taking such
a position.
• Should the Personnel
Department determine that
classification e .
not s'errented,
may ..177.,s1 thi ten
tion to the Perscinel
Committee.
TLF, PROPOS:D MERIT SY
-2-
CURRENT WORDING PROPOSED WORDING 8ULE/SECTICN
PAGE 5
the time of the earlier
request.
d. The Personnel Department
shall complete the
classification study within
120 days of the date the
position questionnaire
completed by the employee
is returned to the
Personnel Office.
e. If the classification
study results in a deter-
mination that the
employee's position is
reclassified upward the
reclassification will be
effective on the beginning
of the pay period closest
to the date the employee
returned the completed
questionnaire to the
Personnel Department.
• A written notice of classifi-
cation determination shall be
sent to the current incumbent
of the position in question
and to their Department Head
within five days after the
determination has been reached.
notification of denial to
conduct the audit,
a classification is
warranted. The
.Committee may direc. The
Personnel Denment to
conduct a classifice•'
study, if it find
reason in the emp:,o
written request t:(
a study.
e. Subsequent requests for
classification studies, by
an employee remaining in
the same classification
after a request for a
classification study was
denied by both the
Personnel Department
the Personnel Commic.
must specifically eeee.:fy
the job elements
have been changed e• added
since the time of the
earlier request.]
47[f.] The Personnel Department
shall complete a warranted
classification study within
120 days of the CI -L. The
position questionnaire
completed by the
is returned to the
Personnel Department.
[g.] A classification study
determination which conclud(
- that the employee's posi-
tion is to be upwarly
reclassilfied will r in
the reclassificatie:
coming effective or
first day of the pay period
closest to the date:he
employee returned
completed questionEa_t_ to
the Personnel Depart -ant.
PACE 6
PROPOSED NT 5.77TFn' OULF
-3-
RULE/SECTTON CURRENT WOPRTNC PROPOSED WORDIC
Determination of
reclassifications or
classification tiL:Y
will become eff.-:c
the first day cf
period closest to
the classification audit is
completed by the Personnel
Department.]
A written notice of cl-ssifi-
cation determination he
sent to the current 1:1.-72nit
of the position in
and to their Den•
within five days aft
determination has been
reached.
[h.
RULE/SECTION
Rule 8, Section I
ore r
or
rosin.
1 danger
or the
PROPOSED MERIT SYSTEM RULE CHANGES
CURRENT WORDING
Types of Disciplinary Actions
CURRENT WORDING FOR THIS SECTION
(SECTION I, A, B, C. D, E, F)
NOTED ON PAGES 3-21 UNDER CHANGES
FOR RULE 8, SECTION III, A, B, C,
D, E, F, G.
•
PURPOSE
Regulations for the ac'coPt ,clhle
conduct of employe._
necessary for
of any govci
the benefit al.,
rights and satr.et
and the
tions hel_ .
form of System Ruler
others whic - m^- be stnb
from time t
to promote un-
is eonsi.:
and to e
in. the 0 ,7
Merit S :scrT.
.shall be air, T
corrective in not
ef-el+s.ene-
ettent4on-ef—ellir
eet=ttrtt'et,--te-t-i71 ,
[The of discipi
correct the cehavior of
which is contrary to thc
Regulations of the Count
Oakland, by 1Y,,nging
tion of the ._,yloee
which is to
verbal, wri
means.1
or real
fellow w neTs
violatioccs or specifTi.-
System rules or re.'
ental rules or any c
in violation of law cr
lecmed inappropriat e
performance of the
by [the] Department
[Head or authorized
is subject to
ensure fair,
corrective trct
employees, Depart-.
[Heads or their autn
subordinates] shall.
directious mr corrc,,-
table b,H , H -r and a
amount o' time for th
ob
. 1
to
2-
RULE/SECTION I CURREN WORDING
Rule 3, Section II 1 Methods of Notifying an Employee
CURRENT WORDING FOR THIS SECTION
(SECTION II, A.) NOTED ON PACES
22-23 UNDER CHANGES FOR SECTION IV.
Rule 8, Section III Disciplinary Action Must he For
Cause
CUP.7.ENT WORDING FOR THIS SECTION
(SECTION III) NOTED ON PACES
24-27 UNDER CHANGES FOR SECTION V.
• the
alaOle
PROPOSED MERIT SYSTEM RULE U;
PROPOSED t.:0RDIM6
make the correction
disciplinary acti•
cases where the h._
extreme at the C
to justify aL•-
Extreme forms c_
behavior may no
severe forms of
and includin:
from employment.
AUTHORITY
The Merit System
(Refeenee-4Ee Seetio-
[provides:1 That
procedure be dq .-
employees wit ,:
right to app.,Fi
suspensiom
plinary actio
Appeal Board
the final County
[such] matters
siispenT-effitq-4e,--
plftary-ftet-47H
County employees employees
and whose decsior
binding on such emT.1
departments.
TYPES OF 7---'--5STVE CORRECTIVE
DISCIPT -CTIONS
correcti.:: disc -ipiinary
action is -y, 7oLlowing
sequence 1:11
. Ora
Not a 31 ' ._inary a t
therefore not appealable
within the intent
Written Rer -:.:„..nd (Section
Not -.LLsciplary
action and 1 --`
appealable
of Rule 3)
of RIL
Withholding a Merit
[[After 18 Months
First Date of De:
(Section III.C. .......
Disciplinary
PROPOSED MERIT SYSTEM RULE CHANGES
-3-
RULE/SECTION CURRENT WORDING
On
T
-cad
Rule 8, Section III, A.
(FORMERLY SECTION I, A.)
PROPOSED WORDING,
Suspension Withou-
(Section 111.0.\--
Disciplinary Action)
Emergency Suspeurs'.
(Section ITT.E.
disciplinary ac.'f;
therefore not -
within the inc
le
Demotion (Ser=)-'
Appealable DL:
Action)
Dismissal (Section TIT.C.
Appealable Disciplinary.
Action)
Despite the sequence
,above, nothing in th
shall prevent th:
or authorized
hereinafter reterred to as the
"Department Authority", from
taking immediate and appropriate
disciplinary action up to and
including dismissal should it -
required by the circumstances --.
for just cause.
Section I
A. Oral Reprimand
1. This is an action taken by
a Department Head in which
he tells an employee about
an action or behavior of
the employee which he, as
the Department Head, finds
objectional or wishes
corrected.
Section III
A. Oral Reprimand
1. TI4s-n-ne-a. [An Oral
Reprimand is not al disc ii-
nary action within the
of Rule 8 and therefore t
an appealable action.
Reference to "Oral Reprimands'
is included in Rule 8 because
of its appropriate role in a
progressive and corrective
[and] discinlioary process
and to emph-,.:i:
priate use
to the use
Its appro-
Possible Qr 4 or
roc]
disciplinary actioi•
record.
PROPOSED WORDING
Ti4s [An "Ora
a corrective
t Auth
the ev-lo ,e is
correct an -----j
found •,'.,j(tionable
of emplc.::_b conduct
performance_
"Oral Reprimand" may
used to point out 7,
failure to observe -
System or wf4ten De
rule, [policy, admini.-.
instruction or] to
clearly established hr
precedent. . .
A "Memorandum for the RI
of oral reprimand
in the employee's pern ,,
record and may be intr:•
as e-,fij,•ri._e in 1-e4t--
sintbseen [fatu7.:
actions. A "Memc2
the Record"
as such and shall
construed as a
mand. (The
employe
tamed the
ment s L1 arc,inaf
referred to as the
the purpose. of RIL-
copy of c. "Nemor:
Record"
oral reprimand
to the subject employee.
. The "Memorandum for t h e
shall be a. notatior
reprimand hv date
only and
to ackno
the employee r
Memorandum it
by the presenter.
RULE/SECTION
PACT 10
PROPOSED MERIT SYSTEM RULE CHANCES
(None)
(None)
(None)
7 to
Y SECTION I, B.)
PROPOSED MERIT SYSTEM ,RULE CHANGES
CURRENT WORDING
FACE
-5--
RULE/SECTION PROPOSED
.A "Memora
may be
at any t --.11
Authority.
Written Repriman
plinary actions
the 24 month periof!
the issuance
for the reco:
oral reprimand,
quent 2!; month
"memorandum
shall he expunged
record.]
Oral reprimands are not
to the provisions of Sect
of this rule
Notifying an
[However, the C
shall occur, and
if necessary, at
as close as poss
occurrence of the
performance or
corrected.]
Employees may
to any document
personnel recur
[a] "Memorandum f
[relating to an oral r(
in accord with Act No.
P.A. 1978, the "Employee
to Know Act".
Cr
Rule 8, Section III, Section I
B. Written Reprimand
1. This is an action taken by
a Department Head in which
he writes out the action or
behavior which he wishes
the employee to change,
cease or begin. The Writ-
ten Reprimand will describe
in detail the behavior to
be corrected, and will give
direct and concrete orders
for the future and will
point out the consequences
of repeating the actions
which brought about the
Written Reprimand.
Section III
B. Written Reprimand
Ths. [A Written Repria
not a disciplinary action
within the intent of Rule 8 a
therefore nct an appealable
action. Reference to
Reprimands" is includc
Rule 8 because of its
priate role
corrective
process and
appropriate
prior to the use
eerfeeve discS
for the record.
in a progre:.
and :iscip_
use
CURRENT WORDING RULE/SECTION
by
• -e-a'
2. Written Reprimands must be
given on forms provided by
the Personnel Division and
must be presented to the
employee in accordance with
Section II of this rule.
PACE 1 2
PROPOSED MERIT SYSTEM RULE CHANGES
-6-
PROPOSE
T.i+s [A Writtc
a corrective actIcY
a Department Authorit
which the employee is
writing to correct an
or behavior f‘he obj
in terms of
or performance.
Written Reprima:
used to point out
employee's failure
a Merit System or P
rule, ef policy, of -
tive instruction,
infractions of a
nature for which
may have received oral
reprimand(s).
The Written will:
a. • Describe the :• • sc' for
the Written
including
description
conduct or
performance iac:.:ciug
time, place, ar: ca -cum-
stances. (Refer
Section V for c.a
"cause n .)
b. A history of rest.:_ . c
related past mis.: or
deficiencies am: ti
action pTeviou5,v
to assist the
improve.
c. Give direct and cc;
orders for the t
a rease•:.b1._. - -7 t
employee :o col-Lc:et the
deficiencies or irir
d. Identify the conse-y.
of repeatln_ the o
which brot.
Written Re:-imand.
of
PROPOSED n. STEM RULE CHANCES
-7-
SE S CURRENT WORDING
A Written
clear
pro
the
accord
reprimanu Ear
by the Pers,:.
A14 Written. R
erppeeft471-e-447se±-
s-41.1-4,t
4-t4e-rftiv
Net47,4tit-a •
not subject
of Section 7
"Methods of
Employee".
Written Repr -
issued at the ti • - as
close as possi:
occurrence of thL
performance or intrtiod to
corrected.
A copy of the
shall be kept
personnel 1-2c.
introduced
reiftted
disciplinary
far-
s.
A written rep
removed f
time 1) T
(If no
Reprimands or
actions occur
month period
issuance of a
or any subse -
period, the
shall be ex-
record.]
RULE/SECTION CURRENT WORDING PROPOSED WORDING
Rule 8, Section III, C.
(FORMERLY SECTION I, C.)
PAGE 14
PROPOSED MERIT SYSTEM RULE CHANGES
-8-
(None) • Emplc4:
response uE%
their personnel
including the "W7-1
Reprimand", in. ac-c: • .
Act No, 397, P,A
otherwise known as
"Employees Right to Know
In
Section I
C. Withholding a Merit Salary
Increase after the Prerequisite
Length of Service in the
Classification Has Been
Completed.
Section III
C. Withholding a Merit S
Increase after [[18
from the Completion of he]]
Prerequisite Length of
Service i t Classification
Hets-Beeft-,7,e,
. Merit Increases in salary are
-given after the passage of a
certain amount of time in the
employee's classification and
on the recommendation of the
employee's Department Head
[Authority]. (See the County
Salary Schedule for the time
intervals between Merit
Increases for the various
classifications.) See also
Rule 2, Section VT.
Witisthe474+nf,-ft-Mr+-Y-7 ,
Inefeerse-4,t4-ft-44:se t
ete-t4'en-w4+1,4ft-tie-4-e4
appeet4s44e-e-t.ite-Pef•r-17
Appeft1-1;eft47--;t-
-taiteR-15y-ft-Pere-f±t
[[The Withholdiai- c•
Salary Increase [11
considered a correctiv
non-appealable action
a Department Authority]]
withhold a merit increasc In
salary at the point where the
employee has spent thE
specified amount ')f a
classification rcJ,LL:.: LOS th
Merit Increase (se aiury
schedule for time Intervals
between Merit Increases for
the various County classifica-
tions;) [[This action taken
by the Department Authority
shall be considered a disci-
plinary action only at t1;::
of 18 months from the daA
the first denial of the 7cri:
Increase, and at such ril•la
shall be appealable tc
Personnel Appeal Board 1]
(see also Rule 2, Section VT.)
PROPOSED MERIT SYSTEM RULE CHANGES
1 5
RULE/SECTION
-9-
CURRENT WORDING
• Merit Increase forms are pre- [[2.
pared by the Personnel
Division [Department] and sent
to the Department Head
[Authority] prior to the effect
-ive date.
PROPOSED WORDING
A Merit Increase g
by the Personnel P
Board cannot be
earlier than :crier
to the date it
holding of the meni
increase) became a
plinary action as d,21
above.]]
• A copy of the disapproved meni
increase form, with the
Department Head's [Authority's
comments, is presented to the
employee in accordance with
Section IV of this rule.
(None)
(None)
21[3] Withholding a Merit Increase
must be for lust cause
relative to an employee's
performance or lack of
performance, their
and work habits (refer tr
Section V of this rule -
"Examples of Cause").
37[4] The Withholding of :• lent
Increase [[within ;-b , first
18 months after tial
denial]] is [ a
corrective discipli ,
action in which the !cp.yee
is directed in writ in
the form of a per
rating and written
to correct an action
behavior found ofjec
in terms of emnlo
or performance. 5 2 it -
holding of a Mert, 7,:-7,reaso
may also be used to ;:oint out
an employee's to
observe a Merit
Departmental rule, cc icy,
administrative instu ,:tiou,
or repeated infractiens of a
lessor nature for T,H1*
employee may have r
oral and/or written
47[5] The Withholding of a Merit.
Increase will:
a. Describe the "cause" for
the Withholding of the
Merit Increase including
a. specific description of
the misconduct or inade-
quate performance
-10-
RULE/SECTION CURRENT WORDING PROPOSED WORDING
and c rrect
previously
including a
taken tp
employee
c. ("rive direct
orders for
a fe-EleFf6-=,,,
time for
correc
or infr -7_t
d. [denti -y
of rep
whit
Inc::oase.
)11
etc
. :1 (
PROPOSED MERIT SYSTEM RULE
incit oL
and circY -::T:.,:Lce-,
applicabe
h. A ti or
The Wit'•=n
Increase -
identif.led
be issued on
for this pul_
Personne l
increase '-p•••
by the Persc-
and sent to
Authority prior
effective date.
7] A copy of th:. ',red
merit increase ,zt be
presented to th- • in
accordance with L)ect2.-- IV o
this rule, prior to
5el-te6tteti date [[thc
becomes eligible for
Merit Increase.
selc4d-1-e4-eleL:•
ettt-teRiete-t*
4frefeRse,
AuthorL -' Ll" and
retur ,:s form with approv .
L C h e
RULE/SECTION CURRENT WORDING PROPO
0
PROPOSED MERIT SYSTEM RULE
L
A disapproved Ner7
:11 4teh fofm
he reviewed a,
(6) month inter'
date of the fit:
the Meritli
The
eltite-e1=--
eeetif-eam
W4t4lield-
Ineeft-se-eft-e-
elegnate4-fe ,
fesrtlt--4.19-atitoffia€--i'
Department Authori
complete and reT:ur ,
form to the P.77'
ment on or beo
tion or the desi
date. 1]
None) [9] The "..erit Incre:F.se
of
shall beeomr•
of the EM7-.
[[unless]]
-12-
CURRENT WORDING PROPOSED WORDING
41.7
he
nett-,
Do pa
.e
gran:
.,nerea
SECTION
date; or
[[When th
Appeal Boa
-t=e) ova
denial
Denied Me
he introc
[tuturt
Emplo)
response
their 1
inclu
Merit
Section III
D. Suspension Without
This is an action
Department AuthoritY
wich removes an
nd tram the
a definite pc
Such actions ore .,-akL
, in ac:
a. 397, F.1
otherwl,se known as
"Employee Right to
to an act1
objectionable in
employee conduct or
or the employee's
or b ehir
PROPOSED MERIT SYS1E1 RULE CHANGES
zJILE/SECTION
Rele 8, Section. Section I
). Suspension Without Pay
This is an action taken by a
Department Head which removes
an employee from employment in
his department and from the
County payroll for a definite
period of time.
This action does not require
the employee's consent to
place him on such a Leave
Without Pay. _ to
observe a Merit Systee or
departmental rule em e•elt-_- or
unwritten
hlished by pr..,,c-
strative instruction
repeat '3 infL:ictions
the
ora Or wrIceten repri
RULE/SECTION PROPOSED WORDING CURRENT WORDING
(which
)rlor to
7:c the
he
PAGE 19
PROPOSED MERIT SYSTEM RULE CHANGES .
ha::! H.- 7
in z...i-fe -••• withheld. T:.... -
corrL. jive disci•TU-1dr- -.-
within the intent of Rule - -
as such is appeaLe le to the
County Personnell A,;eeal Board.
The employee does not accrue
salary, Annual Leave credit or
Sick. Leave credit, during the
time he is suspended, nor can
he use such time while on
suspension.
At the end of the suspension,
the employee shall be returned
to the payroll at the same
department, classification and
salary as when he was suspended.
• This eetion does k. require
the e7Leyee's consent Le
place aim on such a
pinay leave without L•
This action may b( -effee:t1
and an exception t
of this Rule - "Met .-
Notifying an Emple -?_c
requires notice or
a disciplinary act
suspension is ies,,
retroactively- co\
leave time alread• us,
employee or to retroactiveiy
cee ,er a verbal "Emergency
'eespension" if "cause for
discipline" has been establi•
(see Section III, E. of chi
rule - "Emergency Sue
In order fe:. Suspenslo -L
Pay to he. ._•fective retr
actively the Department Autho-
rity shall issuc
retroactive "Sh.
Pay" no later t I.-
days after an eop'.oyee
returned to work from
rized leave or no lae:e
five working days aftce7
issuance of a verbal "1:Le.ency
Suspension". NOTE:
Unauthorized Leave
employee does not e.•..•c:e.: 'for
work and has not seccieed proper
authorization to ce ..er the
absence in accord with Merit
System provisions coveriro:
Annual Leave, Sick Leave ,‘•
of Absence With Pay, Lee -Te •
Absence Without Pay or Mat.errlz n
POSED MERIT SYSTEM RULE CHANGES
-14-
RULE/SECTION CURRENT WORDING PROPOSED WORDING
Leave. (LF.'r t 13 -
Leaves e• Absence
Pay - linalhorized T ave. of
Absence Without Pay.)
• -Suspensions Without Pay must be
given on forms provided by the
Personnel Division and must he
presented to the employee in
accordance with Section II of
this rule.
(None)
(None
None)
Wbile on Suspension Without Pay,
the employee does not accrue:
a. Salary
h. Annual Leave Credit
c. Sick Leave Credit
d. Retirement Credit
While on Suspension Without Pay,
the employee cannot draw on or
otherwise use:
a. Annual Leave Accumulatlens
b. Sick Leave Accumulaiio,
c. Compensatory Time
Accumulations
d. County Holidays including
the floating holiday
e. Or any other form of County
compensation.
While on Suspension Without Yay,
the employee may he liable or
hospitalization or other
rance premiums which may b
during the course of the 1
depending on the length of t
suspension, if the employee
intends to remain insured. The
employee should check with the
payroll unit, HAcceunting
Division]] Departmet of
Manage.eent and to deter-
mine wn.ether they have to
pay sue l premiums.
• At the end of the Suspension
Without Pay, the employc
he returned to the payroll -
the same Icr,-rent and at trio
same salary and classification
as when they were suspended.
PROPOSED MERIT SYSTEM RULE
-15-
7,ECTION CURRENT WORDING
(None)
(None)
(None)
(None)
SuspeH:,ions
be
the
must prose
with Section IV of
except as noted in Sectio•
D., 3. above.
Suspensions
removed from the
Department AuthoLity
prior to the start so - -?1
date of the period 0 7 Isio
Suspensions he
modified -r, 1, the
suspension
Deportment )rity,
[However,1 when the
Suspension Without Pay
concluded the action ccl -
be. removed from the rec
the approval of the P 1
Department or by
Appeal Board action.
). [Suspensions Without 71 ,
be introduced as evidence in
future disciplinary riceIf
a. the disciplinar- •
appealed and th.:
ment T s action. waf. .pheid 7
modified by the Personnel
Appeal Board or,
b. the disein].- action, was
not appeale d.
- Employee ,ttach
to any docutont in
personnel record 1 -ne .:.inp,
'Suspensions Wit V . n.y . in
accord with Ac.. P.A.
1978, the "Enc.': to
Know Act".
—16—
RULECTION CURRENT WORDING PROPOSED
S _a 8,
'
III, E.
None)
is
the
work
PROPOSED MERIT SYSTEM RULE CHANGES
Section III
E. Emergency Sc:. slum
1. This is not disci hoary
action and Lte . onot
appealable within 'itcnt_
of Rule 8. However,
Emergency Susoe'asicr. cce
superseded by a retr'
'Suspension Without
is an appealable disc
action.
The "E-T:erencY E
action ta,a
Department Autho
circumstances which t
immediate action fo,
safety and well
employee, their cc
or the public, or to
damage to the reputat'
fellow employees, C
ment and or the Colf---
ment, or for any
which reasopu.)ly re
immediate -co o.
employee fro,-, 'his or
responsibilities.
Emergency Suspensions are give
verbally by the Depart
Authority directly 47o.
employee to be
there is reasonable eau
Such action miy also be taken
t*cre is rc:.1ol , to believe th e
cause exists and the suspensic
is issued fo ,- the purpose of
removing the employee from hiE
responsibilities while an
investigation is condl..cled and
a determination made. he
Emergency Suspensicu H ,..1.1 be
documented by a MemJ:::.
the Record imlicatin,r •
employee's 7J -!o,
department, cc , ...oLice that
Emergency Sension is
occurring and the length of th
suspension not to exceed five
days. A. copy of the memorandu
Emergency
have no impute. •-• e
pay or .,f..atus unees•
for Su..s.,:'unsion hi
rensc -nnfiv
such c.i.e.a.) a "Sn.n ,... ithc
Pay" a -)ic shall. ,
el(
verbal 17,,,..11-g ..=7.7
(See Sect:_.,n ITT, 7 . __ is
rule).
If re2
Emege
establ
working,
the
Notice
Pay lE
cover th- of i
.:Punenslc
emnloyee s -r-t11 be -c
their statue, prior t
Emergency Suspensin
loss of pay or
documentation
Suspension. e'y
employee's
yee
fnr the
not
f:ye
'cr- •
_L.nn
Section I
E. Demotion
This is an action taken by a
Department Head which reduces an
employee's classification to a
classification with a lower
maximum salary.
Rule 8, Section III, F.
1 .:." SECTION I, E.)
In t
2 s
an
PROPOSED MERIT SYSTEM RULE
-17-
RULE/SEC1 CURRENT WORDING
shall
recc -, -
of t'
sublet ,
of )).
unless s) )r
sion Wit.UouL
the em
th(
fI fro':
Kee
(None)
(None)
Section III
F. Demotion
The Demotion is a cc
disciplinary actiu
intent of Rule.
appealal e La the
Appeal ' ?-
taken h:
In wr l.:.H a, _ r).
, 1) sificatY
for "._uuse" to a
-12 -
RULE/SECTION CURRENT WORDING PROPOSED WORDING
PROPOSED MERIT S7STEM
etas.- with a I.
--•'. • • „ f•••-. The, •ie:
an a..•
tin is
efC an
conduct or ee. . • , -e
employee's ,ain .ra o. • . ahe
performance • -!•,.sh&
for theo.. . -
positief P o.o
result s
to
admi,iistrative instruction, or
repeated infractions f:r ;;ich ti
employee may have rileee ..e e -oal
written reprimands,
se49e4uled Merit Inc e'
or been suspended of
The employee's salary must be
reduced to fall within the
range.of the new classification
but to no lower step designa-
tion than the one held in the
higher classification unless
the new classification has
fewer salary steps, in which
case the employee should be
placed at the highest step.
• The employee's duties and
responsibilities must be re-
duced to those of the lower
classification.
• The reasons for the demotion
must be given on the demotion
form.
Demotions must be given on
provided by the Personnel Divi-
sion and must be presented to
the employee in accordance wit
Section II of this rule.
The employee's salai_ _ he
reduced to fail with
range of the classificie• fo
which the employee is
demoted.
The (-••••1 ,•-:ec shall be placed
at tins step in tl-
classificaeio to which
are demotce
salary deeee-
. The employee's dot es and
responsibilities o be reduc(
to those of the n classi-
fication.
An employee wit' 'f_._.••e :istem
status demoted to o :=-•• eve]
classifInation in
never bold '1erit
is deeT•n
status the low:oe clasis ,
tion effective at the titre
demotion.
results :n a
OTION
-19-
CURRENT WORDING PROPOSED
he 5. The or (None)
the
ra the
the
10
tO
PROPOSED MERIT SYSTEM RULE CHANGES
demr7...hf
officia
vided
ment ah
Section I': of Lb...., rule.
(None) The duties an
of a classifica_z_:
employee is demot ,..•:
deemed. appropriate,
Personnel Departmeri
experience, trait
educational backg -r::::
employee.
(None) {Demotions may be
as evidence in faL.g.c_.
piinary actions if:
a. the disciplinary act;
aad t':
mean
h. the
was noi.
:None) 18. Employees may attach a re
to any documeh._ in tC:_sir
personnel
"Demotion", J
Act No. 397,
"Employee Right to •how Act".
(None) Voluntar,
Demotion:.;
employee's :--,:quest
and signed by the
not disciplinary act-o: Ind
such are not appeah::tlo actio
within the inten,_ 8.
Such actions shall '•, created
as "downward recls,:.:±..tion
and documented as
"status change" form,
than a demotion form,
record.
CURRENT WORDING PROPOSE
Rulc °, Section III, G.
tY SECTION I,
or a tie
depar'.
deemed too extrea
with la fcries
dealt
tde
PROPOSED MERIT SYSTEM RULE C 71.:e ,:7.5
-20-
To',,C7.,
I Section 1.
I F. Dismissal
This is an action taken h• e
Department
removes an from
ment in hi, l.•...e.:tment aru. rcbt
the County p!.,..f-11. (See Rule 9,
"Separations".)
jSectibi.
by a
or tar :u • -
County .•eLI ro - Ya't
(see Section V of this rut:
examples o± "cause" and Ruid,
"Separations").
• Dismissed employees need not be
kept in employment or be paid
for any time after the com-
pletion of their normal
working day on the date they
are dismissed.
when
forms disc17 ..
previously desc -
Rule, have faa.
unacceptable
mance or beh
also results -
able perform.:...
is too ex!:
instance t- an: aistemm
at correctie,-
• Dismissed employees shall he
treated the same as employees
separated for reasons other
than retirement, in the matters
of paying, for unusued accumu-
lated Annual -eave, Compen-
satory Time af-2 :inused Sick
Leave accumulatic)n.
. Dismissals must be given on
forms provided by the Personnel
Division and must be presented
to the employee in accordance
with Section II of this rule. 1
Disma
hel2t
for
day th=
been establ
formally aoti•...ed
• Dismissed an
treated
separateol
than TE7i'
of paying fc
Tated Annual Lec -
Sick Leave and
Time accumulatin-
-s
7 7
PROPOSED MERIT SYSTEM RULE
6. [DisTiss'
as eNL
piinLr -
a, Ca
2t:_0115 if:
(None)
b. t7._ disci • action waL
not appeal_
SECTION
-21-
(None Di
be
th
ac
and
em.p.
Secti
be -
S co .
TV (1"1:
(None)
a ,
spe
the misconc
per =mane::
b. A 1-1±_
relate'
act lo:
inc.
to
7 nit L
sta .
apply
section b. -
sh:-1 not be
(=.1 an act:lc-,
Li
CURRENT WORDING "SECTION
Rule Section TV
(7 ' SECTION II)
T.T-
NofH
•
• .1-i ding oi .
.•17. 18 Months IT.- •
the Prerequisite • - : • • . .
'n a
b. a H. 7 - - •
re. )1-
defic -11.• • •a; A
action
including am i . ..aKer
to assist th
improve, if le.
ac.-1
PC :16
-27.C:L..2.77" MERIT
1 Section TT_ i
Methods of N ,-.:_ifying an Employe,.
I
Of
1 1 A. Written R(277i71 —H
.Withhoid ,
Suspension .1t out Pay
Demotion
Dismissal
Increase
A written notice of the acti-
giving specific reasons for
the action and the effective
dates and conditi-ns of the
action, must bc by the
Department Head or is author-
ized subordinate be pre-
sented to the employee in per-
son by the Department Head or
his authorized subordinate, or
else „sent to the empl,
last known address by registere
mail, restricted delivery, wit
return receipt requested, on/c
prior to the effective date et
the action.
a. If the written notice -is
7,-e0:od in nerson, the
she.: all
copies to acic-miedge
receipt. If refuses,
the presenter should note
it on the form.
.•ritten notice (-0'
-.ction s
IF _
fa..7••• . -,$y the
lPe
ie. flat
for • -
action as
_a:: =Less
other' ri se
It sH...T . .•F
appe
op t:
shot
. The written notice must be on ;2. A written noti -- of do .
official forms made availabl:.- nary or ion
by the Personnel Division. a._ is •_
a. Such forms shall have the
rules covering the method
of appealing such an
action either on an
attached sheet or imprint:'
on the reverse side of tee
official notice.
1
. A copy of the written notice
shall be retained by the
department and four copies
shall be forwarded to the
Personnel Division whore a
copy sT ail be made part of the
emplo -e -• file and record of 1
employi•ent.
I `i
I
The las
:_ • • .
r:ment
7a."-:CS'ED MERIT s: LE
-23
CURRENT WORDING
(None) 4
cog-• all
employee's
en
r
PROPOSED MERIT TIULE CHLN.GES
CURRENT WORDING
'ACC. Section V
• -1_1 SECTION Ill)
01:.?117
"C
An employee s11:111 f,:,cei\.,e d . '-
p[inary ..7e.tion, .., : !,1- a
repr 4mumL ,:, a wi..,..-,_
the %it; ;.'..!inc-7, or d :Torii... !- _
iln.,7 ;o, a ,sus-donsion wit'neut
a !.:::-.r.i.o t, or A cliSMiSC--, -..7
, Ct- ... ......_iic cicariv
i roa:_en "cause". Th.
I shall ei..arly mi )ecity anu I. 1 , with particularitm 000 *1.00
reasons or " a -Ise" Oar LI-,
plinarv o,c . ' taker, An .-
i
reason or ", - for a disT ,
I nary action t' ill include,
i net °Jecessarilv be limited ..
the following kinds oi
I eondu,:c.
c au S
C
)r are .0.
of a,
1. Conduct or 7 -fort:lance (LI
lob which il,c'lcates a lack
ability to adequately perform 1
the duties of the position or
classification held by the
employee.
. Conduct or performance on the H. . "e
job which demonstrates in-
subordination, which is - U 'efin
as a refusal to follov - _ - - rt:,T
priate written or oral
proced, instruct4 c:1:-, or
directiens from a s -,.7„.:L --L.Dry
employ&, or Departmen:. bead.
city I.
17: t:7
12. The
rul
pr,
reate
to
by
or
011fuliv
personal be',.17
Lwat credi:
wages o:
employee ar-,
a burden:
[caused]
In
if
r 8.
of el_
job
of a
at
to
-25-
ON C1TRE7J,1 WORMY:
Verbal or
improper trk.,..ment of
patient or client of ,
institution or departl;
led 10. Being absent from a oche r
work assignment
hours without
an authorize:,
employee or De.nrL --[
The willful violation of any
reasonable deparntal or
County rule or •-e,..,1_[,tion
which has been ,de.ed in
written form and I:, known, or
reasonably should be known, t[
the employees involved.
1_4. Has willfully failed to pay
personal bills to the -oint
that creditors garnisl.,:e te
wages or salary 01 a C:.
employee and cause a In..-den
on the County.
15. Personal arr ,•.:=71ce or lack of
cieanlines • en the job
which exhibits --•H:[.,[ts of •
lack of hygiene 1-n
unpleasantness to c1L.:Jts ot
the County or other C[-
employees.
16. ReportIng for a sheduled work
assignment in [le or
other aspects c,:_LL_LJLing to
appearance, which :n authorized
supervisory employee or De-
partment Head has ,easonah1Y
advised the emp'e ,ae is not
acceptable or n. :n -iate for
the work ns5-;7_ ..— or duties
performed by tat employee.
19. If an employee has been eharged119.
with the e.-mission of a f,lionv
he shall b.. suspended witL.
pay pendin, a valid disp.fi_fl
of the charge. If final r••.io-
lution of the charge does not
result in a valid conviction,
the Department
determine. whet
:!d shall
the conduct
If rn
ef—e4e-'7-
[(yr
involving moral
casting doubt
ability to perfo'
ean(
le
; or her
ueir job.'
Assigniw,. overtime to ones
or to
proper ap7r
with CouW:'
dures and/
overtime
for th
approve•
Lmployees wriL:
County 7 -Tertime
at p
Is
such
-red or
LI
Was
acco
cc- Altering, destr•
moving COULl•
forms or recL
and/or protect oneeT
employees, or persons; or
unauthorized duplication of
confidential records or
materials,
PACE 32
-:ED MERIT S .,
RULE/SECTION CURRENT WORDING PROF
of the employee involved moral.
turpitude or casts doubt on the
ability of the employee to per-
form his job, and if he so
determines, such conduct shall
constitute "cause" for appro-
priate disciplinary action.
Any such determination may be
appealed to the Personnel
Appeal Board.
). If an employee has been charged
with the commission of a mis-
demeanor, he may be suspended
without pay pending a valid
disposition of the charge. If
final resolution of the charge
does not result in a valid
conviction, the 'Department Head
shall determine whether the
conduct of the employee involve
moral turpitude or casts doubt
on the ability of the employee 1
to perform his job, and if he
so determines, such conduct
shall constitute "cause" for
appropriate disciplinary action
Any such determination may be
appealed to the Personnel
Appeal Board.
w..,,..,
PROPOSED WORDING
Oakland County Merit System
r.r=
PACE
ELIGIBILITY FOR FRINGE BnI:TET
ON PAGE
PRES':
RULE
TITLE
ID
1
?I
iPersonnel Coomtittee: Approved LI
Eligibility
A. All employees whose appointments are
for 520 hours or less, of work
w! thin a twelve month period shall not
be eligible for these fringe benefits.
Section II Eligibility
A. All employees whose z:TpointmentL
for 520 hours or ]cst. of work
a twelve month pir,,d "st
classified employees shall
eligible for these fringe ber2Lits.
Len
B. All employees whose appointments are
for more C11 520 hours of work within
a tJ.v mei. period shall be eiigi
-e_s-e fringe benefits with
exceptions:
B. Student employment (including
employment classifications)
tended as an educational worb. ri-
ence placement and as such I.::
from the proviFihns of the neri'
relative tot'-.71anner of select:..
appointment, re=:.td from offic.
limitation of 7.1itic,-.1
Accordingly, student f -t-t-,•c:7: are
categorized as part-tie: Tcmeligible
even though actual wo .ime may
exceed 520 hours. EmT:lo7er and
(CONTINUED)
REASON FOR CHANCE
ification of requirements to pay F.1.C.A. on student employees working in excess
:s; also to clarify the intent of the "student" educational work experience
I Change Submitted by:
1 County Executive:
Date:
Introduced to Board of Commissioners:
1_
cI.cective
1 the Cnai=7 o:
t --tter of .
Section IV Subsection A of Merit System Resolution
:les and regulations deveZoD:2 the Fers-7., Committe,7
such rules and reaulcto I he to the
regular meeting ef the 'r)cL-, olCon777issters f7j,
after suci, e ;: .f': unless obj'ection is row: ..ea in oaf H
:=2. Board of Ca7:7i.C;:::CPS, in which case the ej,-t'..n
at the next rre,:7i ,2g of the Board of
Approved
Per sonne
Disapproved by:
Disapproved by::
Date:
76{.
flED TN MERIT SDTCS
-2-
NG (CONTINUED)
employee uontribution to Social Security will be made for
st--71L ::-,j ,yyLles appointed to work more than 520 hours.
i::nt employee contributions to Social Security are
from gross pay in accord with applicable State
anci.Hr Federal requirements.)
C. All employees, except those classified as "student",
whose appointments are for more than 520 hours of
work within a twelve month period shall be eligible
for these fringe benefits with the following
exceptions:
PROP
COUNTY OF OAKLAND
DANIEL T. MURPHY, COUNTY EXECUTIVE
IL
Attached is a copy of the proposed changes in Merit System
Rules 2, 3, 8, and 22 as presented to the Board of
Commissioners at their meeting of July 24 and including
subsequent amendments to Rules 2 and 8 approved by the
Personnel Committee on October 8, 1980.
DepartmmntofPerwnnel
1200 NORTH TELEGRAPH ROAD, PONTIAC, MICHIGAN 48053
(312 858-0530
PROPOSED WORDING
Rule 2
Section VT MERIT INCREASES
A Merit Increase is defined o-
to te next h7,_L,-er step ,711
rare b7sed pert:7
eee the weite.••1
of Lie employee's Depe7
Eligibility shall be determined by T
of servica completed at step withi::
salary rare Df the emr:Lec?e's clas
cation. Ye,. length of ,,ervce for
step of e classification'. ealary 7-V:1 is
indicated in the officiel
Salary Schedule, EvaIuatiee of pefforeance
shall be condnetc ,:, by DeearLment 1\ethe -ity
based on perforeene :teTee.,rds reee.3ee -
established and in accoL Lhe
employee's classificaticel dc•mental
policies and procedures. The aeected
employee shall receive a The
completed Merit Increase form whether the
Merit Increase was granted or not.
PAGE 1
PROPOSED MERIT SYSTEM RULE
RULE 2
CURRENT WORDING
Rule 2
Section VI MERIT INCREASES
The adyeAee:nt to the next higher rate
- within a sa7ary range shall be called a
r it Increase and shall be based not only
on the passage of the indicated length of
service in the classification, but also on
the written recommendation of the employee's
Department Head as expressed on the official
Personnel Department Merit increase form.
The affected employee shall receive a copy
of the completed Merit Increase form,
whether the Merit Increase was granted or
not. A disapproved Merit Increase is a
disciplinary action, and as such may be
appealed to the Personnel Appeal Board.
A disapproved Merit inerease is a
disciplinary action, ee -] s such, ma --
be appealed to the Pe:,:sonnel Appeal
A. The indicated length of service in the
classification shall include only
service credited during that period
toward the employee's Benefit
Anniversary date under Rule 22, III, B,
1, a.
A. In unusual circumstances an .-177,1:.--ee
may recei n:e ar early merit inLeee:.e,
i.e. mc ,TiT te a salary step EAA.-eer
than provided for in the salary
structure. Such movement must be
clearly justified for exceptional
performance and/or additional
experience or education not previensl
considered in other salary decis ene.
Documentatjrm for suH:, consideration
shall be seitteJ in ompliance with
applicable erovlsions of the Merit
System rules, administrative guide-
lines as established by the County-
Executive, and approved in advance by
the Personnel Department.
B. An employee not grantee'
shall receive a writte
the reasons thereto -re
notice of the imp-ce
required to qualify
e -merit increase
anatIon of
eritten
in pert
a merit increase.
PAGE 1 OF 2 - R'
1
n;,
PACE 2
CURRENT WORDING PROPOSED WORDING
C. The indicated length of service in
the classification shall include
only service credited during that
period toward the )loyee's Benefit
Anniversary Datt Rule 22, III,
B, 1, a.
PAGE 2 OF 2 - RULE 2
b. The Personnel :et
review the requese and E
determine W,ether a cl
study is a•.(7-einte
reasons
Personnel. 0e.....
within 30 calenda
rece.7et of the re-
Depa7ment Head re
)r not a et
and cite t
Joh a pos
mi.• ci ted
C, She'.:-H" the Perecnrer
det:e -e!.n?. that e
mar
the Sure
mination
_ee.
hee
PROPOSED MERIT
.R.T,Grell 3
0
A
CI)** NT WORDING
Rule 3
Section II, A, 4
4. An employee wishing to have the classi-
ficatic71 of their position studied
shall m_:,e such a request in writin
to their Department 7-7 7.
Heads shall note that Liey have sec.1
the request and forwarl it to the
Personnel Director alcee.: with a
recommendation as to C1,- need for a
study no later than 14 days after
receipt of request.
a. Such a request shall identify the
reasons for requeeg reclassi-
fication.
PROPOSED WO7
Rule 3
:Section IT, A, 4
('--
4. An h7plovee rn ho
h:e
in
ha7e
to tThe Deg with
a reccm -•• as • . heed for
a st-f,J: a- 12,!e -?.- than I days after
n7.eest,
a, Such, a request shal identify
the reasons for -ee.:,1 :sting reclassi-
fication.
't,ty
b. The Personnel Department s -
review the request and shtll
determine whether a classification
study is warranted, based on the
reasons cited in the request. The
Personnel Department shall respond
within 30 calendar days after
receipt of the req e•st from the
Department Head reg,..rdiess of
whether or not a e:e:ly is warranted
and shall cite their reasons for
taking such a position.
c. If an employee has requested a
classification study, and if that
request has been found by both
the Personnel Department and the
Personnel Committee to not warrant
such a study, then anY subsequent
request by that emplot.e for a
classification study, so long as
the employee remaining in that
same classification, must specifi-
cally identify the job elements
which have been changed or added
since the time of the earlier
request.
e. Sul:se
fl
rer
:
caz..
(None f. The Person shall
Ltion
con r.d by
retb . to the
is
g. A clas71
nation
emTI
in
pry
que•
Der:—
iv deter
th
to
(None)
PAGE 2 OF 2 - RULE 1.3 _ . .
h. Determination oi do-
flations
7-77 1
1
cloest to
cat
Per
)11
the
CURRENT WORDING
d. The Personnel Department shall
complete the classificatfon study
within 120 days of the date the
position questionnaire completed
by the employee is returned to
the Personnel Office.
e. If the classification study results
in a determination that the
employee's position is reclassified
upward the reclassification will be
effective on the beginning of the
pay period closest to the date the
employee returned the completed
questionnaire to the Personnel
Department.
ion
(None)
the boo
and se ..
Corte;
the
vote.
-rvers
CURRENT WORDING
Rule 8 %
Section I TYPES OF DISCIPLINARY ACTIONS
CURRENT WORDING FOR THIS SECTION (SECTION -I,
B, C, D, E, F) NOTED ON PAGES 3 OF 23
THROUGH 13 OF 23 - RULE 8 [PAGES 6 - 221
UNDER CHANGES FOR RULE 8, SECTION III, A,
B, C, D, E, F, G.
PROPOSED WORDING
8
-lo cpntot of
t*r
of wha, -
and t.
event
discitLa - process shall I. Tr,
prot4rvr-:---TO correctiv• I.. x_ .na re. The
puIpopo aline is o -:•fcaz the
behavior - contrary
to the Rul_ _P 1113.'=1C --, the County
of Oakla-
of tb ,:p.- o( e - 'a
be correct. •a•-e_. H
monetur7 -'2 possir
or real H. , 1 e
fell a_:. . . Hlations
cc
-:..,,havior an o_. . or
otl -wo_se deemed inn
perf_p-mat.ae of the e ,
bepoxv or auch_ b_x aaaaae
is , 7 - air,
prcp o '7 orrective tre
tow-i ....pi Drees, Deparl -r
or .11,_ p
giva
unhc.
amoun'
the correc' .... In all "
except fur . "--2"22 too
extreme at th, 'H,sc oe_ ietify
attempts at correo.:e , , . -2f
inapprop -iate
more scxe
and inot_Ji•6 rppm
empl.cpim-nt.
PACE 23 - RULE S
CURRENT WORDING PROPOS
Section II
The Merit Syste,..
K) pr.-Ades: 'r
T TY
:_ion VT,
.nal
Cot
inv
dep
Section TIT
T7incn ?nrrn,ctive _r
ne.c.-,,ss .;:y... the
be
cotton is
.should
ic
• Demotion (Section III.
Disciplinary Action)
.1—hi e
PAGE 2 OF 23 - RULE 8
8
Section II METBODS OF NOTIFYING AN
EMPLOYEE
CURRT7T WORDING FOR THIS SECTION (SECTION II
A.) VY:2,D ON PAGES 18 OF 23 THiH
20 OF 23 - RULE 8 [PACES 22 - 24] UNDER
CJ1A.NCF'. FOR SECTION IV.
Section III DISCIPLINARY ACTION MUST RE
FOR CAUSE
Rule 8
'CURRENT WORDING FOR THIS SECTION
(SECTION III) NOTED ON PAGES 20 OF 23
THROUGH 23 OF 23 - RULE 8 [PAGES 24 - 27]
UNDER CHANGES FOR SECTION V.
• Oral (Sectton I
Not ._. -•
li,•
Rua::
Writte,
Not a
not
Pule :3)
pf
a Merit 7
ITI,C.
DistiplThary Action.)
• Suspension Without Pa•
Appealable Discipilnaf y
. Emergency Suspension (Sectio
a disciplinary action
:•,2fore not appealable witoo
LTA of Rule 8)
Dismissn. (Section III.0„Appealable
Action)
Section TIT (rormerly Section I)
A. Oral P
1. An .3 not
of LJ
a, --/ 7 .ble
rim -
Rule
role ir a
discipli:--cess a
size it - u-
ble prior ao use orf
disciplinary actlous
e.d
(None) ..cc ._:d" of
'..epr in the
'ecord and
r be
3. A "Memore
oral repr -,
employee
may be
future
"Memorandui,
be identific
not be
imoc
dual c-.71.•
maint.cC.
Departme.
CURRENT WORDING
Despi
nothin ...
the
the "
immedi
actio.1
it be
for just -/.ause.
s
Section I
A. Oral Reprimand
1. This is an action taken by a
Department Head in which he tells
an employee about an action or
behavior of the employee which be,
as the Department Head, finds
objectional or wishes corrected.
2. An "Oral
action
in whiCa
pc_f
may
empl:
Meri
or unwrittE
established
iman•
i rule.
by prece
(None)
CURRENT WORD LNG
(None)
(None)
7
is
,:ion-
tc
act
able
o in t
c
C:
3. (None)
a
P'-;F: 5 OF 23 - RULE
B. Written Reprimand
1. This is an actic 'y a
Department Head in -!.c.h he writes
out the action or bo vior which
he wishes the employee to change,
cease oi The Written
Reprimand oil describe in detail
the behavior to be corrected, and
will give direct and concrete
orders for the future and will
point out the consequences of
repeating the actions which brought
about the Written Reprimand.
2. Written Reprimands must be given
on forms provided by the Personnel
Division and must be presented to
the employee in accordance with
Section II of this rule,
corrc:
and
usc
of
f or
2.
:ien, or
a lessor
dyee may
s)v,
Wr
spey
a
F
of
b, A ' -r df
defic ncfas -
actiLd
assis ,
c, Give
Cove,
order,
')_2 time for
emp_ :.() correct t e
deLici-dcies or infr„tion.
5. A copy of the Writte7
shal] be kept in
personne..
introcl
discip
future
6. Erni):
to a.
recor
RepL
No
7. A 1.17i
repr
If
or dL
within the
Writ
24
Reprif::_nd
the record,
uent
(None)
(None)
(None)
23 -
CURRENT WORDING
4, (None.)
C. Withholditv n NeriC
After Cona -nfnn o'
Length of ::vice On
7 1 _L
CURRENT WORDING
C. Withholding a Merit Salary increase
After the Prerequisite Length of
Service in 1:nn Classf_fiention Has Been
Completed
1, Merit Increases in salary are given
after the passage of a certain
amount of Lime in the employee's
classification and on the recommen-
dation of the employee's Department
Head. (See the County Salary
Schedule for the time intervals
between Merit Increases for the
various classifications.) See also
Rule 2, Section VT,
PROPOSED Ijr.77TNC
Merit increases in sa:Llry are
given based on the of a
certain amount of it the
employee's classifi
(eli g ibility) per_rmanoe and on
the written nn ne nation of the
employee's I•nn(nt Head. (See
the County Salaty L.,chedule for the
time interval , between Merit
Increases.) See also Rule 2,
Section VI,
2. Merit Increase forms are prepared
by the Personnel Division and
sent to the Department Head prior
to the effective date.
2. The Withholding of -
Increase is a discip]
within the intent ol
is therefore appeaT:
Pernel Appeal -no
Y-7.ry
—
nd
to the
. This
acticn is taken by 1:lepnitment
AuthnInity to withho_H a Merit
Increase in ::;,lary at th :-
where the sni cae has
specified az:ann.:. of
classification requ
Merit Increase.
3. A. copy of the disapproved merit
increase form, with the Department
Head's comments, is presented to
the employee in accordance with
Section IV of this rule.
3. Withholding
be for just
employee's -,:erfnn7e:ren or 1..
performance, their attitudes and
work habits (refer to Section V
of this rule - "Examples of Cause"
(None) 4. The Withholding of a Merit Increase
in salary is a disciplinary action
in which the employn is directed
in writing, in th.c ''n -nit Increase
performance rating ..nn ;,ritten
comments, to correc nn action or
- behavior found objecLionable in
terms of emplo---n .--nnt or per-
formance. The nin1naoLding of a
Merit increas _Iso he used to
point out ar. .yee's failure to
observe a Merit flystem or Depart-
mental rule, policy, administrative
instruction, or repented infractions
of a lessor nature _f.n -Ylich the
employee may have reived oral
and/or wriren reprimands.
F--' 7 OF 23 - RULE ?
CURRENT WORDING PROPOSED WORDIN
(None)
PAGE 12
(None)
(None)
5, The Withholding of a. Merit Iner
will
a, Describe the "cause" for the
Withholding of the Merit
Increase including a s7 ,ceific
description of the
or inadequate performaLc-
including time, place,
circumstances, if appnc.:-..',,L,
b. A history or restatement
related past misconduct or
deficiencies and corrective
action previously taken,
including any action taken to
assist the employee to imprcYe.
c. Give direct and concrete
for the future and a stated
time for the employee to
correct the deficiencies or
infraction.
d, Identify the consequences of
repeating the action(s) which
brought about the Withholding
of the Merit Increase,
6. The Withholding of a Merit Incease
shall be clearly identified
such and shall be issued on
provided for this purpose by he
Personnel Department. Merit
Increase forms are prepared
the Personnel Department an,]cut
to the Department Authority piior
to the effective date.
7, • A copy of the disapproved -,r1;
Increase form must he preseio.e,1 to
the employee in accordance wit
Section IV of this rule, prior to
the date the employee becomes
eligible for the Merit Increase.
The Department Authority shall
complete and return this form with
approval or denial of the Merit
Salary Increase to the Personnel
Department on or before the date
the employee becomes eligible for
the Merit Increase.
PAGE 8 OF 23- - RITE 8
(None)
PAGE 13
CURRENT WORDING PROPOSED WORDING
(None)
(None)
8, A disapproved Merit r)rm
shall include the Der ,c1
Authority's design
next date on which
Merit Increase wilj
The designated re ,'_L
be any time aftc
Merit Increase was formli
withheld, but in any ca ,
later than when th:
next scheduled Merit
date would have the
current scheduled Increase
not been denied_ ?,a next
designated review for
employees denied a lerit Increase
to the last salary r
their classificatly,:, oe a
time after the date t
Increase was formally
in any case no later th_n
months after the date of t-t
withholding action.
9, The Merit Increase form docu-
menting the withholding of a
scheduled Merit Increase shall
become a permanent part of the
employee's file unless the
Department Authority reYe17s the
withholding action, grad
Merit Increase retroactiveY , -
its originally sch.,:dlede'J: or
when the Personnel lpeal
determination overurns
of Merit Increase, Deni ,E.
Increases may be introduce as
evidence in future disciplinary
actions.
10. Employees may attach a response
to any document in their. ;,erson-7,
record, including the
a Merit Increase", in acr,l wi
Act No. 397, P.A. 1978, -therwia
known as the "Employee Right to
Know Act".
PAGE 9 OF 2,3 - R -7.7 ?
D. Suspension Without Pay
This is an action taken by a Department
Head which removes an employee from
employment in his department and from
the County payroll for a definite
period of time.
CURRENT WORDING
1. This action does not require the
employee's consent to place him
on such a Leave Without Pay.
PROPOSED WORDING
D. Suspension Without Pay
1. This is an ac :ion t'f.! by a
Department e ,ority
which renv:
employmeet
from the Ce ,u -e=y
definite period Le
actions are taken in rce,e,
action or behavior fou,e:
able in terms of emplo:ne
or performance or
failure to observe
or departmental
unwritten rule c
, an
i System
policy or
LA.y established
by pn,,:edent cn • eistrative
instruction or ripeated infractions
for which the employee may hae
received oral or written re:7
or had Merit Increases ie
withheld. This is a corree.
disciplinary action within •
intent of Rule 8 and as such is
appealable to the County Personnel.
Appeal Board.
2. The employee does not accrue
salary, Annual Leave credit or Sick
Leave credit, during the time he is
suspended, nor can he use such time
while on suspension.
3. At the end of the suspension, the
employee shall be returned to the
payroll at the same department,
classification and salary as when
he was suspended.
2. This action does not require
employee's consent to place
on such a disciplinary leave
without pay.
3. This action may be -;:etn-
an exception to Seeen TV
Rule - "Methods of .;:et_i_.n e 6
Employee" (which requires notice
on or prior to a disciplinary
action) if the suspension is
issued to retroactively cover
unauthorized leave time already
used by the employee or to
retroactively cover a -
"Emergency Suspension il
for discipline" has been esta'nlished
(see Section III, E. of this rule -
"Emergency Suspensions"). In order
for Suspension Without Pay to be
effective retroactively the
Department Authority shall
notice of retroactive "Suspee-
Without Pay" no later than
working days days after an emni
has returned to work from un•-eo-
PAGE 10 OF
_cns
PROPOSED .WOFT7 CURRENT WORDING
rized leavo
five working
issuance of a
Suspension".
Unauthorized.
employee does
and has not sec._,re -;
authorization
in accord with
provisions covc.:-JI
Sick Leave, Leav
With Pay,
Pay or Maternity Leave.
to Rule 13 -
Without Pay -
of Absence
4. Suspensions Without Pay must be
given on forms provided by the
Personnel Division and must be
presented to the employee in
accordance with Section II of this
rule.
(None)
(None
4. While on Susp
the employee do
a. Salary
b. Annual Leave Credit
c. Sick Leave Credit
d. Retirement Credit
5. While on Suspension. Pay
the employee cannot drE on or
otherwise use:
a. Annual Leave
b. Sick Leave A
c. Compensator:, Mi;,?.to
d. County Holiday incluc
floating holiday
e. Or any other form of County
compensation.
6. While on Suspension Without Pay
the employee ma liabl e
hospitalizatio7a othe
premiums which Le (1!
the course c)
on the lcng •f
if the emplo -..-ee
insured. The employce
with the payroll uni t ,
Division, Department of .H .i.Le7e.nt
and Budget, to detert:d1L. .:ether
they will have to pa:
premiums.
PAGE 11 OF 23
•_] Pay
a -.-rue:
CURRENT WORDING
(None)
or,
PROPOSED
Is
7. At the end of
Without Pay, the -
be returned to the
the same departmen!:
same salary and cIT
as when they wer,
(None)
(None)
8, Suspensions without T
given on forms pro- i ,
Personnel Departme,:,,,
presented in accordanc,7
Section IV of this rule e)., .1)t
as noted in Section IT, 0. , 3
above.
9. Suspensions Withou Pay can be
removed from the
Department Authc.Jf_:-.:
to the start or ,efiTctit,e
of the period of
Suspensions Pay ma.
modified downwarH during
suspension neriod by t±,
bet,
Authority,
period of
.nwswer.
,pension
is conclude the acti
be removed from the T
the approval of the
Department or by Pets
Board action,
(None)
(None)
, 10. Suspensions Without Pay
introduced as evi.:'ence in
disciplinary actions if:
a. the discipli-. =
appealed = Depar,.
action was or m-
by the Personnel. Appeal
b. the disciplinlry actio-.
not appealed
11. Employee .. attach a respL
to any document in their
record inclujing "Susper,
Without Pay", in accord t
No. 397, P.A. 1978, the "EmpL- ee
Right to Know Act".
12 OF 23 - F.177.7 S
CURRENT WORDING PROPOSED WORDING
(None) E. Emergency Suspension
(None)
(None
1. This is not a (L::
and therefore is
within the
However,
may be
"Su
is
action.
2. The '1E,
action
DepartmeL Authority in
stances which requirc
action for the hcai.!.:
well being of
fellow workers
to prevent
of fellow e.
merit and/or
or for any
reasonably
removal of
or her work rem:
Emergency S
verbally by
Authority dirc:.:
to he suspende
reasonable cause,
also be taken if
to believe that cause
the suspension
purpose of removing
from his re
investigati
determinati.
Suspensicn
a Memorand -_-.
ting the
fication,
that Emerger7
occurring and th.
suspension not
:Ade. An
.1 be docum
A nopy of the m
given to tb,
,m,..mrr,ndum for
be expunged from all
the expiration date
Emergency Suspension,
applicable provision
397, P.A. 1978, the
PAGE 13 OF 2
CURRENT WORDING PROPOSED WORDING
to Know Act",
by a Suspensi
(None)
(None)
E. Demotion
This is an action taken by a Department
Head which reduces an employee's
classification to a classification with
a lower maximum salary.
4, Emergency
no impact on
or status unless
Suspension Witho.,,,
reasonably estab'i
cases a "Suspens,
action shall be is* retro-
actively, verbal
Emergenc:i
Section TIT, D. c.r. thLL-: rule).
5. If reasonable-"
Emergency S;i-c -.-st
establishe(1 w
days of the
Emergency Suspensif,
Notice of Suspension
issued retroactively co c.
period of the Emergency 'u.
the employee shall be r,.tirn::
their status prior to t
Emergency Suspension
of pay or benefits anC,
tation of the Emergency
shall appear on the emplo
record.
F. Demotion
The Demotion is a corr
plinary action within
Rule 8 and as such i
the County Personnel
It is an action
Authority in writig witich
an employee's ciasificaticr -
"cause" to a classification
lower maximum
is an action
employee's f,ilurr- to 7--,-oct an
action or behav -'.c
in terms of employee c- -
performance or th,- omployci ilure
to meet the perfr -!. .
established for
and position. De.-•.
result from an em ,•1- -ail
observe a Merit Sys Depart::
rule or policy, admi-istrative il.-:cruc-
tion, or repeated infractions for
PACE 14 OF 23 - RULE 8
•
CURRENT WORDING
1. The employee's salary must be
reduced to fall within the range
of the new classification but to
no lower step designation than the
one held in the higher classifica-
tion unless the new classification
has fewer salary steps, in which
case the employee should be placed
at the highest step.
2. The employee's duties and respon-
sibilities must be reduced to those
of the lower classification
3. The reasons for the demotion must
be given on the demotion form.
4. Demotions must be given on forms
provided by the Personnel Division
and must be presented to the
employee in accordance with Section
II of this rule.
(None)
(None)
PROPOSED WORN
which the employee may have received
Oral or Written Reprimands, had a
Merit Increase withheld or been
Suspended Without Pay,
1. The employee's salary shajl.
reduced to fall .eithin
range of the elee-sific.
which the emploee. is 17),2
demoted.
2. The employee shall be placed at
the highest step in the
classification to which they
are demoted which results in a
salary decrease.
3. The employee's duties and
responsibilities must he
to those of the lower
4, An employee with
status demoted to o }owe: level
classification in uic tILley
never had Merit Sy.: t: •tatus
is deemed to fiay.f. vAeeit System
status in the loscr classification
effective at the time of demotion.
5. The reasons or cause for the
demotion must be given on official
demotion forms provided hy
Personnel Department and 71 -
to the employee in accore:m
Section IV of this rule,
6. The duties and responstilit:-
of a classification
employee is demoted
deemed appropriate, 17):
Personnel Department, :he
experience, training an educational
background of the emplyee.
PAGE 15 OF 23 -
s
.ras
ee
rath
, Dismissal G. Dismissal
This is an action tak
Department Authority
which permanently
from employment in 1
department and fro
for just cause (see
rule for examples of • e•
Rule 9, "Separations"
by a
writirp-
I a-- •
1. Dismissal is an
from poor perfor7
or a violation of r•fa -o-e
departmental or County r
deemed too extreme be eea:t
with in terms of lesser -Hc±nli
Dismissal result ,,
use of other forms • f disci
actions, prEvLously descrite
this Rule, :ailed t
unacceptable e,fy.)1?7 ,e pe:ffeee,ince
or behavior, 7:isf-H._ :sal also
aaL.
CURRENT WORDING
(None
(None
(None
PROPOSED W077:
7, Demotions may be inc.:•
evidence in future
actions if:
a. the disciplinary
appcale.f
action:
b. the CiL3e
not app2r,f(
8. Employees may att_
to any document
personnel record
"Demotion", in accc
No. 397, P.A. 1978, C,
Right to Kno
9. Voluntary
Demotions init
emplyee's requeft
and •ip:7-led by
not ::lsciplinary
such sre not -:e ,2.1;
within the fiteht el
Zteb action:, e7fell
as 'downwai-• 7:eclaseil
ar documenL•.21 as
"status char
than a demot
record,
f 6
This is an action taken by a Department
Head which permanently removes an
employee from employment in his
department and from the County
payroll, (See Rule 9, "Separations".)
1. Dismissed employees need not be
kept in employment or be paid
for any time after the completion
of their normal working day on the
date they are dismissed.
PAGE it OF 23 - RULE 8
CURRENT WORDING PROPOSED
PAGE 21
results when tie :12,.J:cceptab1e
performance or beavior is too
extreme in the first instance to
justify any attempt at correction.
2. Dismissed employees shall be
treated the same as employees
separated for reasons other than
retirement, in the matters of
paying, for unused accumulated
Annual Leave, Compensatory Time
and unused Sick Leave accumulation.
3. Dismissals must be given on forms
provided by the Personnel Division
and must be presented to the
employee in accordance with
Section II of this rule.
(None)
2. Dismissed employees need not he
kept in employment or be pLid
for any time after the
tion of their normal workir.,
on the date just cause ha,,
established and they are form
notified of dismissal.
3. Dismissed employees snail be
treated the same as employees
separated for reasons other
than retirement, in the
of paying for unused accuml:
Annual Leave, unused Sick
and Compensatory Time accumulYions.
4. Dismissals shall be clearly
identified as sc!-:
be issued on for!,:s
the Personnel Dcr
accordance with a. standar:
Dismissal format as det.
the Personnel Depar
be presented to t'c*
consistent with Sectio L',; of
this rule.
(None) 5. Dismissals shall cite:
a. The reasons or cause for
dismissal including a specific
description of the misconAlet
or inadequate performane.
including time, place,
circumstances (refer to
Section V for examples of
"cause.)
b. A history or -:7ostaLe-le7t of
related paEL .._:con:iatt or
deficiencies corrective
action previously taken,
including any action t:
assist the employee to rove.
PACE 17 OF 23 - RULE B
CURRENT WORDING PROPOSED WORN:
PAGE 22
NOTE: Behavior e: insufficieeT
performance could be e:e
enough in an initial ire_L.
to warrant eismissal.
such circutances a bd
or restateee,:::: of
past miscoaduct or deficencies
may not apply (as noted in
subsection b. above) and shall.
not be required to complete
an action of dismissal.
(None) 6. Dismissals may be introduced
as evidence in future discjp1
actions if:
a. the disciplinary action
appealed and the Department
action was upheld or modified
by the Personnel Appeal Board
or,
b. the disciplinary action was
not appealed.
Section II METHODS OF NOTIFYING AN
EMPLOYEE OF:
Section TV (Formerl
METHODS OF N
OF A DISCIPL:
oction IT
TIe:YING AN
•.CTION
'T,OY.EE
A. Written Reprimand
. Withholding of a Merit Increase
Suspension Without Pay
Demotion
Dismissal
1. A written notice of the action
giving specific reasons for
the action and the effective
dates and conditions of the
action, must be signed by the
Department Head or his authorized
subordinate and be presented to
the employee in person by the
Department Head or his authorized
subordinate, or else sent to the
employee's last known address
by registered mail, restricted
delivery, with return receipt
requested, on/or prior to the
effective date of the action.
a. If the written notice is
presented in person, the
employee should sign all
copies to acknowledge receipt.
If he refuses, the presenter
should note it on the form.
Withholding of a Merit Increase
(after the prerequisite length of
service in a classification)
Suspension Without Pay
Demotion
Dismissal
1. A written notice of a discdolina
action as defined in Sect.::o
must be on official forms m
available by the Personnel
Department or in accord with a
standard format for the specific
disciplinary action as determiegd
by the Personnel Department ueless
otherwise noted in the precee:e
sections of this rule. It shell
include the method of appealing
such action either imprinted on
the reverse side of the form or
on an attached sheet.
PACE 18 OF
PAGE 23
CURRENT WORDING
2. The written notice must bre on
official forms made available by the
Personnel Division.
a. Such forms shall have the
rules covering the method of
appealing such an action either
on an attached sheet or imprinted
on the reverse side of the
official notice.
3. A copy of the written notice shall
be retained by the department and
four copies shall be forwarded to
the Personnel Division where a
copy shall be made part of the
employee's file and record of
employment.
PROPOSED WOF77NG
2. A written notice of di:e
action shall include:
a. Reason:. or "cause" fe
actior j:.nciuding a 2
descreHen of the ml cc. .et
or inad.:quate perfe -o-
including time, place,
circumstances).
b. A history or resrateeel:
related past mie:..cedect or
deficiencies ee_l -errective
action previoe,ly taken,
including any Action te-:
assist the employee t7,, •
if applicable,
c. The effective (1::.8 of t
action and, iF
direct and ce:
for the future
the consee:,e=:
the action ,?hich hr
the action.
d. Any additional 1:e.
related to the
of discipline
Section III oi :ule.
3. The first or origin2 of the
written notice of a. disci
action signed by the Depa.,:;e:
Authority must be presented
the employee on or prior to ..ee
effective date of the action by
one of the following methods
except as previously noted. in
Section III.
a. In person by the Department
Authority; or
b. Sent to the employee's :ist
known address by certif..
mail, return receipt ree .sted,
The employee's sienntnre is
required on all cc ees to
ledge receipt if to. notice
- presented in person.
employee refurses to siee- be
presenter should so eoee ft on
the form.
PACE 19 OF 23 -
copy
PAGE 24
CURRENT WORDING
(None)
Section III DISCIPLINARY ACTION MUST BE
FOR "CAUSE"
An employee shall receive disciplinary
action, whether an oral reprimand, a
written reprimand, the withholding of
a merit salary increase, a suspension
without pay, a demotion, or a dismissal,
only for a specific clearly described
reason or "cause". The department shall
clearly specify and identify with
particularity the specific reasons or
"cause" for the disciplinary action
taken, An adequate reason or "cause"
for a disciplinary action shall include,
but not necessarily be limited to,
each of the following kinds of conduct.
PROPOSED WORDING
4. The last copy of the writtcn
notice shall be retained h:
department and the remainder
the copies forwarded to the
Personnel Department where
shall be made part of the
employee's official persoo:
record. One of the copies ,ont
to Personnel will be returned to
the department when the action
has been completely processed.
Section V DISCIPLINARY ACTION MUST BE
FOR "CAUSE" (Formerly Section III)
An employee shall receive corrective
or disciplinary actions only for a
specific, clearly described reason or
"cause".
Corrective actions shall include but
may not be limited to
. Oral Reprimands
. Written Reprimands (See Rule 8,
Section III, A and B)
Disciplinary actions ,:lade and are
limited to:
. Withholding a Merit Salary Increase
After Completion of the Prerequisite
Length of Service in the Classi-
fication
Suspension Without Pay
• Demotion
• Dismissal
The Department Authority shall clearly
specify the specific reasons or "cause"
for the corrective or disciplinary
action taken.
1. Conduct or performance on the job
which indicates a lack of ability
to adequately perform the duties
of the position or classification
held by the employee.
2. Conduct or performance on the job
1 .ch indicates a failure'to
produce the quality of work the
position or classification requires.
1. Conduct or performance on the job
which indicates a lack of ability
or demonstrated skills to
adequately perform the duties of
the position or classification held
by the employee.
2. (No Change)
PAGE 20 OF
PROPOSED WORDING_
3. (No Change)
6. (No Change
8. Verbal or physical abuse, or improper
treatment of an inmate, patient, client,
or employee of any County institution
or department.
9. (No Change)
PAGE 25
CURRENT WORDING
3. Conduct or performance on the job
which J.tes a failur to
Produce the quantity of work the
position or classification requires.
4. C nduct or performance on the job
demonstrates insubordination,
wh ich is defined as a refusal to
follow appropriate written or oral
procedures, instructions, or
directions from a supervisory
employee or Department Head.
5. The solicitation or acceptance of
money or anything of value to
influence the decisions of an
employee in public matters or as a
reward for such decisions.
6. Being under the influence of alcohc
narcotics or any other controlled
substance while on the job,
7. Conduct or performance on the job
which demonstrates a deliberate
attempt to cause poor morale or
disrespect among County employees
by actions or attitude on the job.
8. Verbal or physical abuse, or imprope
treatment of an inmate, patient or
client of any County institution
or department.
9. Habitual or excessive tardiness in
reporting for scheduled working
hours.
10. Being absent from a scheduled work
assignment during working hours
without permission from an
authorized supervisory employee or
Department Head.
11. Stealing, misappropriation or
conversion of County property or the
•property of other employees or
inmates, patients or clients of any
County institution or department.
4. Conduct or perfoimance on the job
which demonstrates insubordination,
which is defined as a refusal to follow
appropriate written or oral procedures,
instructions, or directions from a.
Department Authority.
5, (No Change)
7. (No Change)
10. Unauthorized leave or being absent
from a scheduled work assignment
during working hours without permission
from Department Authority.
11. (No Change)
PAGE 21 OF 23 - RULE
26
PROPOSED VORDLNG
12. The willful violation of an
reasonable departmental or
rule or regulation which has
adopted in written f<'.: unwritten
rule clearly establi=o,r1
precedent and is knowo., or nahiy
should be known to Cho
involved.
13. (No Change)
14. Has willfully failed to pay personal
bills to the point that creditors
garnishee the wages or salary of a
County employee and caused a burden
on the County.
15. Personal appearance or lack of
cleanliness while on the job which
exhibits symptoms of a lack of hygiene
bringing discomfort to clients of
the County or other County employees.
17. (No change
18. (No change)
CURRENT WORDING
12. The willful violation of any
reasonable departmental or County
rule or regulation which has been
adopted in written form and is
known, or reasonably should be
known, to the employees involved.
13. Has engaged in political activities
restricted under Section VI,
Subdivision L of the Merit System
Resolution and Rule 19 of these
Merit System Rules.
14. Has willfully failed to pay
personal bills to the point that
creditors garnishee the wages or
salary of a County employee and
cause a burden on the County.
15. Personal appearance or lack of
cleanliness while on the job which
exhibits symptoms of a lack of
hygiene bringing unpleasantness to
clients of the County or other
County employees.
16. Reporting for a scheduled work
assignment in clothing or other
aspects contributing to appearance,
which an authorized supervisory
employee or Department Head has
reasonably advised the employee is
not acceptable or appropriate for
the work assignment or duties
performed by that employee.
17. Has been convicted of a felony.
18. Has been convicted of a misdemeanor
Involving moral turpitude or
casting doubt on the employee's
ability to property perform his
job.
16. Reporting for a scheduled work
assignment in clothing or other
aspects contributing to appearance,
which Department Authorot has
reasonably advised thc ,,-,-plovee is
not acceptable or appropriate for
the work assignment or duties
performed by that employee.
PAGE 22 OF 23 - RULE B
CURRENT WORDING
19. If an employee has been charged
with the commission of a felony or
a misdemeanor involving moral
turpitude casting doubt on his or
her ability to perform their job.
20. Assigning overtime to oneself or to
other employees without proper
approvals in accordance with County
overtime procedures and/or
knowingly working overtime and
incurring costs for the County
where such overtime was not
assigned or approved in accordance
with County overtime procedures.
(None)
(None)
(None
P7OPOSED WORDING
19. (No
20, (No Change)
21. Altering, det.l. or
County or .r)e-:-,,-r----f orms ,:•
records t..1) prof
oneself, other or
persona, or unauthorized duplication
of -(1177idential records or materials.
22. Neglience in processing of official
persoel transactions cnc' forms
which 2auses undue oan
employee and/or other
departments.
23. Discrimination on the basis of race,
sex, religious beliefs, or polical
affiliation agains± any ind1a1.,
group of employees, or the.gao
public in the p.,:r.'.,rance of
assigned duties ,..- carrying out
specific reshilities of their
job.
PAGE 23 OF 23 - RULE 8
qoky.
e 764,1?1 MERIT
ELIGIBILITY ?OR FRINGE BE7EITS RULE
TITLE NUMBER
SECTION TO BL 7,D PAGE OF
PROPOSED WORDING
agal
Change Submitted by Personnel
County Executive: FE Approved [1] Disapproved by:
Personnel Committee: I I Approved
-Date: 7
'ate: 7/9
Date: Disapproved by
uced to Board of Commissioners: Date:
Section IV Subsection A of Merit System Resolution
70pies of the rules and regulations developed by the 23c
Uture c17c3 in such rules and regulations shall be
ommissi ,7t. a regular meeting of the Board of
• ffectiv days after such meeting unless objection ;veceiv...i in tz
he Ca 7:'f the Board of Co7missioners, in which case the objection s;:all
:matter of business at the next meeting of the Board of Comm-issioner.7.
Oakland County Merit Sys
smatter
ion II Eligibility
A. All employees whose appointments a
for 520 hours or less, of work
within a twelve month period shall not
be eligible for these fringe benefits.
All employees whose appointments are
for more than 520 hours of work within
a twelve month period shall be eliei-
ble for these fringe benefits with
the following exceptions:
Section II Eligibility
A. All employees whose appointments are
for 520 hours or less, of work within
a twelve month period and "student"
classified employees shall not be
eligible for these fringe benefits.
B. Student employment (including summer,
ployment classificeneons) is in-
tended as an educa:iL. work experi-
ence placement and as nuch is exempted
from the provisions of the Merit System
relative to the manner of selection,
appointment, removal from of ice or
limitation of political activity.
Accordingly, student employees aa
categorized as part-time, non -:
even though actual working time L
exceed 520 hours. Employer and
(CONTINUED)
ON FOR CHANGE
ee notification of requirements to pay F.I.C.A. on student employees working in excess
520 hours; also to clarify the intent of the "student" educational work experience
cement.
PAGE 29
PROPOSED CHANGE IN MERIT SYSTEM RULE
2—
PROPOSED WORDING (CONTINUED
employee contribution to Social Security will be made for
student employees appointed to work more than 520 hours.
(Student employee contributions to Social Security are
withheld from gross pay in accord with applicable State
and/or Federal requirements.)
C. All employees, except those classified as "student",
whose appointments are for more than 520 hours of
work within a twelve month period shall be eligible
for these fringe benefits with the following
exceptions:
#9484 October 16, 1980
Moved by McDonald supported by Price the report be accepted.
A sufficient majority having voted therefor, the report was accepted.