HomeMy WebLinkAboutResolutions - 1979.05.17 - 12221• i
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. McDonald, Chairperson
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Miscellaneous Resolution # 8900 April 5, 1979
BY: PERSONNEL COMMITTEE — John J. McDonald, Chairperson
IN RE: SUBMISSION OF CHANGES IN MERIT SYSTEM RULES 1 THROUGH 8
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 a subcommittee of the Personnel Committee has been reviewing
the rules of the Merit System since January of 1978 and has conducted
hearings inviting public, employee, management and commissioner input on
the rules and numerous work sessions to develop revisions; and
WHEREAS it has become desirable to make certain changes in the
wording of Rules 1 through 8, as spelled out in the attachments to this
resolution; and
WHEREAS your Personnel Committee has reviewed and approved these
changes at its meeting of March 21, 1979,
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 1 through 8.
The Personnel Committee, by John J. McDonald, Chairperson, moves
the adoption of the foregoing resolution.
PERSONNEL COMMITTEE
Y APPROVE THE FOREGOING RESOLUTION //,,4/i„ /
PROPOSED MERIT SYSTEM RULE CHANGES
NOTE: Old and new recommended language is contained herein for reference
and comparison purposes.
Recommended additions or new language is highlighted by brackets
i.e. [vacancies in such offices]. Deletions are indicated by a
dashed line through language-to be excluded or changes - i.e.
veesftees-n-stleit-efflees7
.1.16
CIRCUIT COURT
DISTRICT COURT
PROBATE COURT
All'&mmuriity Mental Health Employees
Administrator - Oakland County Hospital
Medical Director (Medical Care Facility)
Chief Probation Officer
Chief of Probation Administrative Services
Chief of Probation Field Services
Probation Officer Supervisor • Probation Officer III
Probation Officer II
Probation Officer I
Court Reporter III
Court Administrator
Deputy Court Administrator
Assignment-Clerk
Geart-Glerk-4.1
Geart-Glerk-i •
Friend of the Court
Research-Assistant
All employees
Child Welfare Worker II - Assistant County Agent
Child Welfare Worker I - Assistant County Agent
Child Welfare Worker II - County Agent
Child Welfare Worker I - County Agent
4. One deputy or assistant to each of the elective offices, who
in case of a vacancy in the elective office or inability of
such elective officer to perform his duties, would be entitled
to perform the duties of the office, until the vacancy is
filled or the inability removed. •
CLERK/REGISTER
DRAIN COMMISSIONER
PROBATE COURT
PROSECUTING ATTORNEY
SHERIFF
TREASURER
Deputy Clerk/Register
Deputy Drain Commissioner
Attorney III/Probate Register
Chief Assistant Prosecutor
Undersheriff
Chief Deputy Treasurer
5. The attorneys and investigators employed by the Prosecuting
Attorney's office.
PROSECUTING ATTORNEY (Prosecutor Trainee)
Ghief-Triei-lietwyer
Ghle4-AppelIete-Geftneel
Senior Trial Lawyer
Assistant Prosecutor III
Assistant Prosecutor II
Assistant Prosecutor I
atte4-Preseeuterle-Iftvest4geter
Prosecutor's Investigator
(Chief - Warrants & District Court Division]
/Chief - Circuit Court Division/
(Chief - Appellate Division)
(Chief - Prosecutor's Criminal Investigation Divisi:
RULE 2 7 SALARIES
(Reference to Section VI-A of the Merit System Resolution)
*Section I SETTING OF SALARIES
All County salaries shall be set by the Board of Commissioners on
the recommendation of the Personnel Praettee, Committee.
Section II PREPARATION OF SALARY SCHEDULE
latier-te-4aneary-l-ef-the-yeet-4n-whith-the-eelar+es-ere-te-beeeme
eifeetiver-the-Pertenftel-Bv4sieft-ef-the-Beard-ef-Afta4ters-shell
prepere-a-Seary-Sehecln+e-shew.ing—the-Ietest-eppteve4-selary-tengee
fer-a4I-Gennty-eletseet+ens7--Ge/Aes-ef-this-Selary-Sehedele
ehell-be-eftt-te-eeeh-Geenty-Depettment-Head-and-eerie-shall-be
eve+lable-ier-4ftspeetien-et-the-Perseftne4.-434vis4eftle-9fiee.
[The Personnel Department shall prepare a salary schedule showing
the latest approved salary ranges for all County classifications.
The official salary schedule shall be prepared as soon as possible
after the Board of Commissioners approves a new schedule of salaries.]
Copies of this salary schedule shall be sent to each County Department
Head and copies shall be available for inspection at the Personnel
Department.
Section III APPLICATION OF SALARIES TO CLASSIFICATIONS
The salary range for a Classification shall apply to all County
positions and employees so classified.
Section IV SALARY RANGES
The salary set for a classification shall be called the salary range
for that classification, whether the salary consists of a single rate
or a series of salary rates.
A. The salary rate shall not include Service Increment pay, night
shift differential or other bonuses.
Section V -STARTING SALARY RATE
The salary rate at which an employee begins employment in a given
classification shall be the base rate of the class, except:
A. When the employee enters the new class by way of promotion or
transfer from another County classification with a higher
maxlmem salary rate than the base rate of the new classification.
B. When the employee brings !possesses] recent directly comparable work
experience or advenee4 academic qualifications te /which exceed the
minimum requirements for] the classification.
* Section I amended by the Board of Commissioners in Miscellaneous Resolution
No. 6653, April 25, 1974; amendment effective May 26, 1974.
1 of 11 - Rule 2
Years of County
Employment
, Percent Of Current
Salary Rate Step
7 Years 2%
10 Years 4%
13 Years 6%
16 Years 8%
19 Years 10%
A. Service Increments become effective the payroll period nearest
the completion of the required years of service.
B. Length of County employment is described in Rule 22, "Eligibility
for Fringe Benefits."
C. The-fallowing-4teme -are-net -te -be -eensidered-as -pert -ef-the
eurrent -salary-re-be -.step -en-witieh-the-pereentagee-ere-appleaT
ly--BerifteesT-ltteh-as-these-paid-te-Registerea-Prefeesienal-Eregineers:
2T- -Right -51144t -d14ferent.ial-pey-es-eevere4 -Seetlen-IX -ei
3?--everekste-pareterut.
C. [Service increment for an employee shall be computed on the
current actual salary regardless of the current classification
or salary history. Certain items shall not be considered a
part of the salary for the purpose of computing service
increment. Examples of such items include:
1. Bonuses, such as those paid to Registered Professional
Engineers.
2. Night shift differential pay as covered under Section IX of
this rule.
3. Overtime payment.
4. Temporary changes of rate.
5. Incentive compensation4 •
Section VIII OVERTINE PAY
A. Definition of Overtime
1. To be considered as overtime, the work and the time of doing
it must have been assigned by the employee's Department Head
or another supervisory employee given this authority by the
Department Head [and must have been authorized by the designated
agent of the County Executive in accordance with County overtime
procedures.]
3 of 11 - Rule 2
• II e. Emeetitive-i-Adminiettetive-er -Prefeesienel-empleyeee -et
4mteepreted -by -the -Per'ennel -Preetiees -Gemmittee-em-beint
exeleded -frem-the-mendetery-payment-ef -evert4me-by -the
UTS7 -Department -e# -Ineber -ttneler -autherity-e4-5eet.ion
Ea* -{1)--ef-the -Fair -baber-Standards -Aet-e4 -1938 -as
emende47-enlese-madd-e14194e-fer-evert+me-by-the-Persennel
Preetieee-GemmitteeT
(Executive, Administration or Professional employees
interpreted by the Personnel Committee as being excluded
from the mandatory payment of overtime in accord with
applicable Federal or State statutes, as determined by the
appropriate governmental regulatory agency unless made
eligible for overtime OR EXCEPTIONAL OVERTINE by the
Personnel Committee.]
47—Deleted.
gr—Deleted.
Pm—Deleted.
**2. The peeltiees [classifications] of those County employees
and officials excepted from the payment of overtime shall be
noted in the County's official salary schedule.
3. The incumbents in the excepted positions:
a. Shall not be spazilically compensated for overtime in either
money or Compensatory Time (except as further defined in other
sections in this rule.]
b. Shall be expected to average at least the number of hours per
week as required by the standard County work week.
c. Shall have their work and contributions to the development
and accomplishment of departmental and County programs and
goals evaluated in terms of quality and quantity of production
and achievement rather than on adherence to set specific
working hours.
d. Shall met be held to the established County schedule of Annual
Leave accumulation and-neftge7-emeept-they (but shall not be
held to the maximum accumulation schedule. Such employees] may
not take a continuous vacation of more than the maximum accumula-
tion allowable an employee (eligible for overtime] with their
length of service under Rule 23. (NOTE: This subparagraph refers
to maximum accumulation otly, and not to the rate of accumulation.
Employees exempted from payment of overtime shall still be held
to the rate of Annual Leave accumulation based on their length of
eligible County service as described in the rate table contained
in Rule 23 - "Annual Leave".]
**Subsection 2 amended by Board of Commissioners Miscellaneous Resolution No. 6795,
August 22, 1974; amendment effective September 23, 1974
5 of 11 - Rule 2
a. The time and one-half Salary rate shall be based on the
hourly equivalent of the employee's annual salary, including
his Service Increment, end night shift differential, and
temporary change of rate], if any.
b. The following salary items are not to be included in the
computation of time and one-half overtime pay.
(1) Bonuses such as those paid to Registered Professional
Engineers and Registered Land Surveyors, which are based
on an annual amount.
*2. All time to be compensated for shall be recorded on the employee's
attendance record for the periods worked and on such other overtime
requests and authorization forms as may be required.
*3. Overtime compensated for by the addition of Compensatory Time to the
employee's Compensatory Time accumulation prior to May 1, 1974 when
the -pnyment-ef -evertime-hy-eempensatery-time-wal -prehihitee -hy-the
1944 -emenamenen-te -the-Fair -Standards -Aet -ef -1938, may be
compensated for in salary under the following conditions:
a. If such a change is requested through the Personnel Office by
the employee's Department Head.
b. If funds are available for such payment.
c. If the Compensatory Time still remains in the employee's
Compensatory Time accumulation.
d. If the time so compensated for in salary is removed from the
employee's Compensatory Time accumulation.
e. When Compensatory Time for payment of overtime was entered in an
employee's Compensatory Time accumulation, it was entered at
. the rate of time and one-half of the actual overtime worked.
Payment from the Compensatory Time accumulation, therefore, must
then be made at the straight time rate.
Section IX NIGHT SHIFT DIFFERENTIAL
A. Definition of Night Shift Differential
1. This is a bonus of 25 cents per hour, added to the salary rates of
employees in certain County positions for hours actually worked on
the afternoon and midnight shift.
eT--EIght-heer-werk-ei44te-etarting-nt-gtee-te-41-00-137147-are
genefally-eensidefeti-es-the-niterneen-eh+4ts-en&-these-beg4nning
et-111-99-1346—te-I2+90-Mign+ght-ere-generelly-eensitiered
m4dnight-thiftn7
1
*Subsection 2 and 3 amended by Board of Commissioners Miscellaneous Resolution No. 6795,
August 22, 1974; Changes effective September 23, 1974.
7 of 11 - Rule 2
2. Employees in applicable classifications shall [initiate a request
to apply for the bonus in writing to the Personnel Department,
attaching a copy of the registration certificate] stibm+t-their
regittret+eft-eert4fielate-te-the-Persenne+-Bivisien-ef-the-Beard
154-Aut4ters, as proof of eligibility.
*3. Employees registered as Professional Engineers who are also Registered
Land Surveyors, shall receive only the Registered Professional
Engineers bonus and shall not be eligible for the Registered Land
Surveyors Bonus regardless of the fact that they may use either
or both of their registrations in their County employment.
B. Amount
1. Engineering employees classified as Civil Engineer II, who hold
the Professional Engineer Certificate, shall receive $300 in
addition to their regular salary.
2. Engineering employees classified as Civil Engineer III or higher,
who hold the Professional Engineer Certificate shall receive $500
in addition to their regular salary.
C. Method of Applying Bonus
1. The bonus amount will be added to the employee's salary after the
computation and addition of any Service Increment pay to which
the employee may be entitled.
D. Eligibility Date
1. Employees who become eligible for a Registered Engineer Bonus, after
they have been in the employ of the County, shall receive the bonus
effective the beginning of the payroll period nearest to the date of
reg4stratieny [request for the bonus and submission of the registra-
tion certificate.]
2. Employees who are Registered Engineers and are promoted or transferred
from an ineligible to an eligible classification, shall receive the
bonus effective on the date of the classification change.
3. Registered Professional Engineers entering the County service in
eligible positions will receive the bonus from the first date of
County employment.
EL Renewal
In cases where certifiction requires periodic renewal or updating,
employees receiving bonuses shall update or renew their certification.
Evidence of certification or renewal shall be submitted to the Personnel
Department in order to remain eligible for bonus payment./
*Section X, A amended by the Board of Commissioners in Miscellaneous Resolution No.
6653, April 25,_19j4; amendment effective May 26,1974.
Section XIII METHOD OF PAYMENT - ELECTED OFFICIALS AND (CERTAIN APPOINTED COUNTY)
OFFICIALS
(Elected Officials, Officials appointed by the Board of Commissioners,
and other County Officials as may be required by law) are paid on the
basis of the number of actual calendar days in the year and are paid
through the day they receive their bi-weekly pay checks.
Section XIV METHOD OF PAYMENT ON SEPARATION
(See Rule 9 - "Separations")
Section XV METHOD OF PAYMENT FOR THE LOSS AND GAIN OF TIME DUE TO CHANGES FROM
STANDARD TINE TO DAYLIGHT SAVINGS TINE AND RETURN
A. The shift on duty when the time change is made from Eastern Standard
time to Daylight Savings time will be paid for the normal eight hour
shift, even though the actual time of work is one hour less.
B. The shift on duty when the time change is made from Daylight Savings
time back to Eastern Standard time will be paid for the normal eight
hour shift, even though the actual time of work is one hour more.
Seetieft-XVI---GGOB-FRIBM-AD4USTMENT
Empleyees-afe -gTeatted-tme -eff-werk-with -payT -whenever -peaeible7 -between
the-hetvrs-e4-421-0G-neen-andrat-09-77m7-en-Greed-Fr44,7-fer-the-purpese -ei
attendlftg-rel4g4eue-serv+eesT-el.eketten-lfteh-t4me-shall-ftet-be-eemoidered
uheliday -timeu -fer -any -ether -perpe5e4see -Rule -267 -Seet4eft-T-A7-12)-
Empleyees-nermaily -sehecluied -te-werk-between -141 ,09-neon -and -31430-1,TmT -en
Geed-Fridey-whe -eannet-be-ailewed -the-t4me -ef,E -work -fer-efty-reasen7 -and-whe
erre-effie4aly-sel+gned -te-werk-thett-timeT -shel+-be -eempensateel -fer -these
three-heilr5-et-the -rate -ef -time -enel-ene -4er-the -heers -ftetually
eetually-werked-rathee-theft-et*a4ght-44mev
2. Classification determinations shall be arrived at by the Personnel
Dkvn [Department] after study of the duties and responsibilities
of the positions involved and after consultation with the Department
Head involved.
3. A department wishing the classification of a position studied shall
make such a request in writing to the Personnel Director.
[a. Such a request shall identify 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 thirty calendar days regardless of whether
or not a study is warranted and shall cite their reasons fox
taking such a position.]
4. An employee wishing to have the classification of his position studied
shall make such a request in writing to his Department Head. Depart-
ment 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].
[a. Such a request shall identify the reasons for requesting
reclassification.]
rb. 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 of receipt of the request
classification study regardless of whether or not a study is
warranted and shall cite their reasons for taking such a position.
OR INFORMATIONAL PURPOSES fc.
ubsection c. held for further
ecommended changes. No
ecommendation is presented
or subsection c. in this
roposal because the issue
onsidered by the subcommittee
s subject to negotiations rd. nder the collective
argaining process.
(Reserved for future changes.)
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 sub-
sequent request by that employee for a classification study, so
long as the employee remains in that same classification, must
specifically identify the job elements which have been changed o
added since the time of the earlier request.]
5. A written notice of classification determination shall be sent to tl
current incumbent of the position in question and to his Department
Head within five days after the determination has been reached.
2 of 3 - Rule
r••
RULE 4 - FILLING OF VACANCIES
(Reference to Section VT -B of the Merit System Resolution)
All County positions, except those specifically exempted by the provisions
of the Merit System Resolution, shall be filled by one of the following manners
For each vacancy, the Department Head/SI shall complete and send to the
Personnel DT-414510ft /Department] of-the-Board-ei-AmAiters a "Personnel
Requisition" which gives him [to them] the choice of the persons avable
from [any ofj the following methods. exeept-that-a-provisionol
appointment-eannet-be-mede-when-en-eligible-Iist-enicto. [The iellowin-g
methods are separate and distinct and Department Heads should carefully
consider all available options before selecting one. Once the choice has
been made, Department Heads will be bound by their original decision unless
unusual circumstances or minimal recruiting response warrant reconsideration
of how the position could best be filled. The Personnel Department has the
final responsibility for administration and efficient implementation of this
Rule in accordance with applicable provisions of the Merit System Rules, fate
administrative guidelines as established by the County Executive, and
personnel policy as adopted by the Board of Commissioners.]
Section I OPEN COMPETITIVE APPOINTMENT
A. For each vacancy, the Department Head(s) shall have his [their] choice
of the top five ranking persons on the current eligible list resulting
from an open competitive examination for the classification of the
vacancy. The Personnel Division [Department] shall certify the
current top five eligibles to the Department Head in writing.
B. Enaer-Seetion-1,47-i-of-the-Merit-Gyatem-ResoIntion7-persens (Pier sons
receiving open competitive appointments must successfully complete a
six month--s probationary period before the appointment shall be
considered complete.
1. Probationary employees successfully completing the probationary period
shall receive regular Merit System status giving them the right to
appeal to the Personnel Appeal Board on those personnel actions within
the Appeal Board's jurisdiction; the right to appeal to the Personnel
Prectiees Committee on matters under that body's jurisdiction; and
such other rights as spelled out in these rules and regulations as
applying to employees with regular status.
2. Probationary employees failing to successfully complete their
probationary period are separated from County employment without
benefit of appeal to the Personnel Appeal Board and their names shall
not be reinstated on the eligible list for that classification until
they have successfully retaken the entire current open competitive
examination for that classification.
13. Present County employees with Merit System status who have applied
for and passed an open competitive examination are eligible for
appointment to a position without separating from County service or
giving up their Merit System status, providing they are among the
top five candidates on the eligible list. In such instances, those
personnel transactions will be handled in accordance with the provisio
of this rule established for inter-departmental promotion, inter-
departmental transfer, intra-departmental promotion, or intra-depart-
mental transfer, whichever is applicable.]
B. The-Persertnel-Rivieft-shell-keer-e-+4,t-ef-Gelanti-emp4eyee5 -whe-heve
reeptested-a-trensfer-te-eftether-Berertment-end-she.11-eevtify -the-names-e4
these-lttallf4ed-ier-enel-fteeTested-in-the-veteratey-+n-qttestienT-ii -se
reqeested-by-the-Depertment-Heed-heving-the-veteaney,
(The Personnel Department shall have forms available for County employees
requesting transfer into another department. Employees must specify on
this form the department and classification into which they are interested
in transferring. The Personnel Department shall forward copies of
appropriate transfer requests and updated application forms to Department
Heads requesting to fill vacancies in this manner. The employee's current
Department Head will receive a copy of this request for transfer at the
same time. A request for transfer will only be considered for a period
of one year following the date of such request. After one year the
individual still interested in a transfer must resubmit the appropriate
forms with the Personnel Department.]
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"f!TION V INTER-DEPARTMENTAL PROMOTION OF A PRESENT COUNTY EMPLOYEE
A. In filling a vacancy, Department Heads can elect to consider
eligible County employees from other departments to fill a
vacancy in their department by an inter-departmental promotion.
1. Such inter-departmental promotional opportunities shall be
announced and posted on the official Personnel Department bulletin
board for a minimum of seven calendar days, during which time County
employees may express their interest by filing an application with
the Personnel Department within the specified time period.
Applications received after the filing deadline will not be
considered for the vacancy in question.
2. Notice of such opportunities my [Shall] be distributed -and posted
in locations deemed appropriate by the Personnel Department.
B. 'Applicants for inter-departmental promotion must meet the minimum
qualifications for the classification, as shown on the current
announcement. In addition, applicants must have Merit System status
In any classification with a maximum salary lower than that of the
classification of the position in the department into which they are
interested in being promoted.
1. Department Heads may select any qualified person who applied
for the inter-departmental promotion.
5 of 10 - Rule 4
-ample.y4,6114-K-ezazix.- P 11 ._aS.-tC.3111Z1Cage,
inos-t.--a-g-r-8.6--t,o--t-iva—tp.z.a.r--.4apar-traa4=1-p.zaanat.lau...aud_the_terms_and
-thr-Trot---re-stri-t---ilr-ettee-a-s-ive--cete-rs-t-trE-€i-rrg-or---experfser-the-PersaftEtel
-Deperrtmerrt--Tras-t---a-1-s.o--app-rove--a-1-1--ftte+r-trern-s.a-c-ti-eerrirl-
[F. The employee must agree to the interdepartmental promotion.
The employee's present Department Head must be consulted
regarding the promotion and must agree to reasonable transi-
tional terms and conditions of the promotion before the action
can be effective. To ensure that interdepartmental promotions
do not result in excessive overstaffing or exnense, the
Personnel Department must also approve such transactions.]
SECTION VI INTRA-DEPARTMENTAL PROMOTION OF A PRESENT COUNTY EMPLOYEE
A. For each vacancy, Department Heads may promote a present County employee
from their Department who meets all of the following considerations:
1. Has Merit System status.
2. Meets at least the minimum qualifications for the classification
of the vacancy as shown in the current examination announcement
for that classification, or if such an examination is not open,
the latest written specification for that classification.
3. Ranks as one of the five highest candidates if a
promotional examination is given under Section VI,B,3a of the
Merit System Resolution.
4. Has agreed to the promotion into the vacancy in question.
-
B. County employees promoted under this section shall serve a
six month probationary period before the promotion
shall be considered complete.
1. Promoted employees successfully completing their probationary
period shall receive regular Merit System status in the
classification to which they have been promoted.
ECTION. VIII , PART-TIME NON-ELIGIBLE APPOINTMENT
A. Department Heads can elect to fill a vacant position in their
department on a temporary or emergency basis by the appointment of
a part-time non-eligible employee. This appointment is not to
exceed a total of 520 hours [in any 12 month period/. The appointing
department shall be responsible for assuring that part-time non-eligible
employees are separated prior to exceeding 520 hours of work. Any part-time
non-eligible appointee exceeding 520 hours shall be terminated immediately
by the Personnel Department.
B. Department Heads requesting to fill a position on a part-time
non-eligible basis must indicate on the Personnel Requisition the
number of hours per week and the work schedule of the position they
desire to fill on a part-time basis.
C. If an eligible list exists for the classification in question,
the Department shall first consider applicants from that list
who are interested in part-time non-eligible appointments.
1. Applicants for part-time non-eligible positions must meet the
minimum qualifications for the classification, as shown on the
current examination announcement for that classification, or
if such examination is not open, the latest written specification
for that classification.
2. No time served in a part-time non-eligible position will be
credited towards a probationary period.44 -re appoint€4
at-m-kate.L-amte.
3. While applicants [persons/ may receive more than one part-time non-eligible
appointment, the total hours worked from all such appointments
may not exceed 520 hours in any consecutive 12 month period.
4. Persons appointed as part-time non-eligible employees will not
be eligible for any of the fringe benefits granted to permanent
employees, in accordance with the provisions of Rule 22J
3ECTION IX PART-TIME ELIGIBLE APPOINTMENT
The Department Head may elect to fill a vacancy witha part-time eligible employee.
Such.appointments should be made only in those circumstances where permanent
part-time help is required on a year-round basis for the most effective and
efficient utilization of personnel.
A. All such appointments shall be made from the top five applicants
on the eligible list who are interested in part-time work.
1. Department Heads requesting to fill a position on a part-time
basis must indicate on the Personnel Requisition the number
of hours per week and the work schedule of the position they
desire to fill.
• •
RULE 5 - EXAMINATIONS
(Reference to Section VI-C through 11, of the Merit System Resolution which are herein
repeated in their entirety)
C. That open competitive examinations shall be open to all persons who meet the minimum
qualifications for the classification as spelled out in the latest approved written
specification for the classification, except that, depending on the current labor
market for the classification being examined for, competition for a particular
examination may be limited to residents of Oakland County.
. 1. Applications to take an open competitive examination may be rejected if the
applicant fails to meet the minimum qualifications for the classification; if the
application was not received or postmarked before the announced last date for
filing applications; if the applicant has a documented record of previous
unsatisfactory service in County employment or elsewhere, of such nature as to
demonstrate unsuitability for employment in a position of the classification for
which he is applying; or if the applicant has been found guilty of a felony, a
crime of moral turpitude or has received a dishonorable discharge from the armed
forces of the United States. (The application of this section to be tempered by
the nature of the crime, the applicant's subsequent rehabilitation and the type of
position applied for.)
D. That examinations shall be conducted and scored in an objective manner and may be made
up of written tests or oral testa or performance tests or personality evaluations or
physical ability tests or involve a rating of past experience and training, or be made
up of a combination of such tests.
E. That examinations shall be publicly announced at least seven calendar days in advance
of the Last date for filing applications by means of an announcement posted on the
official bulletin board in the County Personnel gfc‘es [bdpartment], by advertisement
in the two County published newspapers with the largest County circulation and by such
other means as the Personnel Director shall deem appropriate.
F. That written notification shall be mailed to each qualified applicant at least five
calendar days in advance of the examination, notifying him of the time and place of
the examination.
1. Rejected applicants shall be notified at the same time, giving the reasons for
their rejection.
2. Rejected applicants shall have the right to first review their application with the
Personnel Divieien[Department] and, if not satisfied, to appeal the rejection to
the Personnel Pe;isiee Committee which shall have the power to reverse, modify or
affirm the Personnel DiAo‘si'enle[Department's] action.
G. That all candidates shall be notified by mail of their examination scores and successfu
candidates shall be given their ranking on the eligible list.
1. All candidates shall have the right to first review their examination results with
the Personnel 144,isien[Department] and, if not satisfied, to appeal the examination
results with the Personnel Pe.Lieies Committee which shall have the power to reverse
modify or affirm the Personnel Pivisien[Department's] action.
Section III EXAMINATIONS WITH CLOSING DATES
(-
A. Examinations may be announced with a definite announced period for the
acceptance of applications.
1. The last date for the acceptance of applications shall be clearly
stated on the official examination announcement and in the official
newspaper announcements of the examination. [There will be no
newspaper announcements for promotional examinations.]
2. This filing period shall be at least seven calendar days. (Section VI
E of the Merit System Resolution.)
3. Applications must be received at the County Personnel Gee[Departmer
before five p.m. on the announced last date for filing applications, c
be postmarked on or before that date in order to be accepted.
Section IV CONTINUOUS EXAMINATIONS
A. Examinations may be announced as CONTINUOUS EXAMINATIONS with applications
being accepted until further notice.
1. The statement that applications will be accepted until further notice
shall be clearly stated on the official examination announcement and
in the official newspaper announcements of the examination. [There
will be no newspaper announcement for promotional examinations.]
2. Continuous examinations shall be administered whenever sufficient
applications have been received and as the needs of the County Service
dictate.
3. Successful candidates on continuous examinations shall be added to the
eligible list resulting from that examination in order of their total
examination score, regardless of when they took the examination.
The certification of eligibles from eligibles lists resulting from
continuous examinations shall be made from those on the list the
date the certification is made.
4. A candidate may retake a continuous examination, either in an attempt
to pass an examination he previously failed or to improve his score
and resultant position on the eligible list. The-re-tak4fig-E4-an
exemination-+t-subleet-te-the-feliew4ng-reles+ [An examination may be
retaken only if the examination is still open at the time the applican
is eligible to retake the examination in accordance with the following
rules]
a. A-peried-ef-thirty-ealendar-days-must-elapse-between-the-date-the
first-pert-ef-the-exam4netiem-wes-takem-411-the-eF4g4nal-ettempt
en4-the-date -*he-fifst-pavt-ef-tNe-emaminatiem-s-aketi-in-the
seeend-attempt. [A period of thirty calendar days must elapse
between the date any portion of the examination is taken in the
original attempt and the date that part is taken again in the
second attempt.]
[Section V APPEAL OF APPLICATION REJECTION OR EXAMINATION RESULTS]
[A. Rejected.applicants and all candidates not satisfied with their examinatiol
results shall have the right to review those results with the Personnel
Department. The requested review of the examination results must be made
within thirty calendar days following the mailing of notice of examination
results to the candidate. If not satisfied with the Personnel Department':
explanation, the applicant can appeal that decision to the Personnel
Committee with five calendar days following the review with the Personnel
Department.
B. Candidates wishing to appeal application rejection or examination results
to the Personnel Committee shall submit a letter to the Director of
Personnel requesting the appeal. This letter shall contain the basis for
the request and any supporting rationale as well as the relief sought.
The Personnel Department will prepare a response and forward the candi-
date's request and Department's response to the Personnel Committee for
determination. The Personnel Committee may resolve the issue on the basis
of the written material or schedule an examination appeal hearing.]
[4. Eligibles may request to be considered for employment in
particular departments or work locations only..] wilteet
vtrimrthim -rule.
Section III REMOVAL OF NAMES FROM ELIGIBLE LIST
A. Names shall be removed from eligible lists for the following reasons:
(Eligibles removed from the eligible list for reasons other than 1 and 2
below shall be so notified by certified mail, return receipt requested,
giving the reasons for the removal.)
1. Having been appointed to a County position in the classifications
of the eligible list. The above names shall also be removed from
the eligible lists of all lower paying classifications on which
they may appear.
2. At the request of the eligible.
3. Failing to pass the Pre-Employment Medical Examination.
4. Declining employment on two occasions after receiving an
appointment and accepting it.
5. Twice failing to appear for employment interviews with departments
after having agreed to appear at specific times and places [without
notice of cancellation or evidence of attempting to reschedule such
appointments.]
6. Being unavailable for employment interviews with departments during
normal County working hours on three separate occasions, except for
reasons of personal illness.
e-r--Bllgibleff-mAy-veluest-te-le,e-eeneidered-fer-empleyment
part4euIat-Aepertmente-er-work-ieeetiens-enlyw-wit1teut
vielet+ng-thie-rulev
7. Being unreachable at the address given by the eligible as evidenced
by three-enteeeesefuI-ettempte-by-malT-return-Teeeipt-requeete87
ever-e-spert-ei-net-lese-then-fenr-weeke [an unsuccessful attempt by
mail, return receipt requested or failure to respond to a certified
letter witnessed by a signed return receipt. If this letter remains
unclaimed after 30 days from the initial mailing, a second letter
shall be issued to the applicant formally advising them that their
name will be removed from the eligible list unless the Personnel
Department is notified by the eligible of their continued interest
and availability.] During the period while the eligible is
unreachable, the-neme-9he1.1-be-4gnered-in-making-eerti"iieetiens
(they shall not be considered for certification./
RULE 7 PROBATIONARY PERIOD
(Reference to Section VI, I of the Merit System Resolution)
Section 1 WHO MUST SERVE A PROBATIONARY PERIOD
A. Employees who have received an open competitive appointment to a covered Merit System position.
B. Employees having regular Merit System status, who have been promoted to a classification with a
higher maximum salary. (See also rule 4)
C. Former County employees who have been re-employed in a covered Merit System position under Rule
4.
Section II DEFINITION OF PROBATIONARY PERIOD
*A. The probationary period shall be a six month trial period immediately following an employee's open
competitive appointment, promotion or re-employment, under Rule 4 with the exceptions noted in
Section IV, A. below.
B. The probationary period is a continuation of the selection, promotional or re-employment process and
the appointment, promotion or re-employment is not complete until the emloyee has successfully
completed the probationary period.
Section ill EFFECT OF PROBATIONARY PERIOD ON AN EMPLOYEE
A. During the probationary period following an open competitive appointment or re-employment, .an
employee does not have regular Merit System status and does not have the right to appeal a dismissal.
suspension or disciplinary action to the Personnel Appeal Board.
B. During a probationary period following a promotion, an employee does not have the right to appeal a
demotion, to the highest classification in which he has regular Merit System status, to the Personnel
Appeal Board.
Section IV LENGTH OF PROBATIONARY PERIOD
**A. The probationary period shall begin on the effective date of the appointment or re-employment and
shall end on the same date of the sixth month in the future except time in the following categories will
not count towards the completion of the six month probationary period:
I. An time spent in training after initial appointment providing the training is:
a. Required by a higher governmental authority.
b. Outside the County's jurisdiction under the control of an agency qualified to pro% ide the
training required.
c. More than 14 /consecutive/ day s of actual instruction.
2. All time spent on authorized leaves of absence without pay when such !eaves are in excess of 14
(consecutive] work days.
1 • Section II, A, amended by Board of Commissioners Miscellaneous Resolution No. 7979, May 19, 1977,
1 amendment effective June 19, 1977.
** Section IV, A, amended by Board of Commissioners Miscellaneous Resolution No. 7979, May 19, 1977,
amendment effective June 19, 1977. I
September 26, 1978
RULE 8 DISCIPLINARY ACTIONS
(Reference to Section VI, K of the 2tferit System Resolution)
That a formal appeal procedure be developed giving employees with regular status the right to
appeal dismissals, suspensions, demotions and disciplinary actions to a Personnel Appeal Board
which shall act as the final County appeal body in matters of dismissals, suspensions, demotions
and disciplinary actions involving covered County employees and departments and whose decisions
shall be binding on such employees and departments.
Section I TYPES OF DISCIPLINARY ACTIONS
A. Oral Reprimand
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.
B. Written Reprimand
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 Written 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.
2. Written Reprimands must be given on forms provided by the Personnel
Division and must be presented to the employee in accordance with Sec-
tion II of this rule.
C. Withholding a Merit Salary Increase after the Prerequisite Length of Service in the
Classification Has Been Completed
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. (See the County Salary Schedule for the
time intervals between Merit Increases for the various classifications.) 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.
3. A copy of the "disapproved merit increase form, with the Department
Head's comments. is presented to the employee in accordance with Sec-
tion II of this rule.
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.
1 Section I, Subsection - B. 1 amended by Board of Commissioners Miscellaneous Resolution No.
5716, May 20, 1971; amendment effective June 20, 1971.
1.
*1.
1.
PAGE 1 of 5 • RULE F
Section II METHODS OF NOTIFYING AN EMPLOYEE OF:
Written Reprimand
Withholding of Merit Increase
Suspension Without Pay
Demotion
Dismissal
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 subor-
dinate,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.
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.
2. The written notice must be on official forms made available by the
Personnel Division.
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.
*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.
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 which indicates a failure to produce the quality of
work the position or classification requires.
3. Conduct or performance on the job which indicates a failure to produce the quantity
of work the position or classification requires.
Section HI amended by the Board of Commissioners in Miscellaneous Resolution No. 7510, April!
13, 1976; amendment effective May 13, 1976.
A.
1.
a.
a.
1.
PAGE 3 of 5 - RULE E
19. -arr eai vl Loy ee—has--bren charger] witir-thr-rorrimiysioil --of hau-
iIid dispositicrn-pf -the-charge-.-11-firTai-rErsolutiurr-crf-the
thanrge- dues t- -rest! - zr-ra-fid currric tit., I ;-t )partmetHdhiftthre l is i fie
-whtlher-the-rurrctuct-af-the-ernp -h7ree-frrvatred-rnora.1-turpitatte-ort-asts-thratrt-on-the
ebiiity-et -the-eni pe4o.rfn-494-5-.o deterrtrim.e.97.-Frt+eh-eonlittet-4itil
eenstitute-eftu.se=-Por-eprtr.o.p.riat-e-Ei keipii-rrafy --ere-tifrti-: -A n y - 9tteit-de-terrnifra tio-n-mirr-be
flp peate €14-o- the- -Pe rs-o.n.nt4 -Appes-I-Bettrel
(If an employee has been charged with the commission of a felony or a
misdemeanor involving moral turpitude casting doubt on his ability
to perform his job.]
20. -+f-arr-empt-oyee-har-been-ch-anrgeel-vaith-the --corrarrissityrr-of-ft-rfris.dererearrorT-ite-trrery-be
suspended-vrithrrtrt-p-ay--perrdirtg-a-valid-clivesitivrr of-the-cfratge-714-firrafrestrkttion-o?
the-tharge-does--Trot-restit-irr -a-wrrhd--convittictrrr-the-13epartment-Heaci-shati-dt-ternlint
r- •.whether-th-e-ttrratur -o-f-tiTe-erapircyFe -irrrrahred -rn orml--trrpitti de -or ta sts-cfarrbt- on-tire.
abili Ly the-evrptcryeu -to-perforarhis job,-arrd-ifire-so deLermiiieb,-stich-cvnthrct strall
co-rinttiate-"e-aure-t6r-apprOwtatrdtst tlittrrary -arttory.-tar3r strerrtirturmttratturriray -ty?
aPrealla.to_the-EasouteLAwanallszazd.
[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
3such overtime was not assigned or approved in accordance with County
overtime procedures.]
IN ADDITION, DISCIPLINARY ACTION MAY BE TAKEN FOR REASONS OR "CAUSE"
SPECIFICALLY DEFINED BY THE DEPARTMENT OTHER THAN THOSE LISTED HERE.
2. (P. 1 of 11, Section V, B.) Clarification of the requirements which
justify starting a new employee at any step other than the base rate
of a classification. Previous language was vague and subject to a
variety of interpretations.
3. (P. 2 of 11) The Subcommittee considered significant changes in the
policy regarding Merit Increases. However, no recommendation is
presented here as the subject is currently an issue in collective
bargaining.
4. (P. 3 of 11, Section VII, C.) Recognition of current practice regarding
computation of service increment and temporary changes in pay rate.
Additional language recognizes the potential for innovation in the
area of incentive compensation but excludes such innovations from
the base on which service increment is computed.
5. (P. 3 of 11, Section VIII) Consistent with overtime controls recently
endorsed by the Board of Commissioners, language was added to this
section requiring overtime to be authorized by a designated agent
of the County Executive.
6. (P. 4 of 11, Section VIII, A.4.) Clarification regarding the amount
of time required to be worked by part-time employees before work can
be considered as overtime.
7. (P. 4 of 11, Section VIII, B.1.d.) Recognition of additional deputies
to elected officers as excluded from all overtime consistent with
actual practice.
8. (P. 5 of 11, Section VIII, B.1.e.) Eliminating reference to the Federal
Fair Labor Standards Act of 1938, which is no longer applicable to
Counties.
9. (P. 5 of 11, Section VIII, B.2., 8.3.) Language clarifications.
10. (P. 5 of 11, Section VIII, B.4.) Introduction of a definition for
the term "Exceptional Overtime to commit to policy a long accepted
actual practice not previously addressed in the Merit System Rules.
This recommendation is consistent with approved overtime controls.
11. (P: 6 of 11, Section VIII, C.3.) Deletion of reference to the
Federal Fair Labor Standards Act of 1938 no longer applicable to
Counties.
12. (P. 6 of 11, Section IX, A.1.a.) Clarification of eligibility for
"Night Shift Differential". Previous language was accurate but too
confusing.
13. (P. 9 of 11 and 10 of 11, Sections X and XI) Requires Registered
Engineers and Land Surveyors to initiate a request for the professional
registration bonus and to provide evidence that such registrations
have been periodically renewed in accordance with State Statutes. No
previous policy addressed the initiation of a bonus or the evidence
of registration renewal.
-4-
4. (P. 7 of 9) Provisional Appointment provision completely redrafted
to clarify =written past practice and to make this section
consistent with other provisions in Rule 4.
5. (P. 8 of 9) Sections VIII, IX, and X recommended in the absence of
any definitive language in the Merit System relative to P.T.
eligible and P.T. non-eligible appointments and temporary change
of rates. Language defines P.T. eligible and non-eligible
appointments and minimum requirements for such appointments. It
also establishes a temporary change of rate policy for non-union
employees already acknowledged in several labor agreements.
Rule 5 - Examinations
1. (P. 1 of 5) Committee and Departmental title updates.
2. (P. 2 of 5, Section I, A.) Recognition of the need for "Specialized
Examinations" to be used in testing for special skills in classifi-
cations covering large number of positions and limiting the resulting
eligible lists to be used only to fill vacancies requiring the special
skills.
3. (P. 3 of 5) Excluding promotional exam announcements from the requirement
to publish exam announcements in the two largest circulating newspapers
in the County. The requirement serves no purpose in that promotional
exams are limited to persons already employed by the County and working
in areas where exam postings are normal practice. The cost of publishing
such announcements is not justifiable.
4. (P. 3 and 4 of 5, Section IV) Clarifies when examinations may be retaken
and the effect of reviewing examinations relative to subsequent retaking
of the same exam.
5. (P. 5 of 5) Clarifies appeal of examination results procedures.
Rule 6 - Eligible List
1. (P. 1 of 3, Section I, B) Clearly identifies Personnel as responsible
for the administration of eligible lists, in accordance with Executive
guidelines and Board of Commissioners policy.
2. (P. 2 of 3, Section II, C.4.) Allows persons on eligible lists to be
selective as to employment in particular departments and work locations
without jeopardy relative to their position on the eligible list or
remaining on the list if an offer of employment is refused. Requires
eligible to give notice of request to be considered only for employment
in a specific department or work location.
3. (P. 2 of 3, Section III, A.7.) Further clarifies notice to eligibles
for determination of their employment status or continued interest in
remaining on an eligible list.
#89 00 May 17, 1979
Moved by McDonald supported by Fortino that Resolution #8900 be adopted.
Moved by Gorsline supported by Fortino the resolution be amended by striking
"Rule 1" and inserting "Rule 2".
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution as amended:
AYES: Pernick, Peterson, Price, Roth, DiGiovanni, Doyon, Dunaskiss, Fortino,
Gabler, Gorsline, Hobart, Hoot, Kelly, Lewand, McConnell, McDonald, Moffitt, Montante,
Moore, Moxley, Page, Patterson, Perinoff. (23)
NAYS: None. (0)
The Chairperson stated a Substitute Resolution #8900-A -Amendment to Rule I
would be Laid Over to the next regular Board meeting. There were no objections.
A sufficient majority having voted therefor, Resolution 8900, as amended,
was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution #8900 adopted by the Oakland County Board of
Commissioners at their meeting held on May 17, 1979
with the original record thereof now remaining in my
office, and that it is a true and correct transcript
therefrom, and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and
affixed the seal of said County at Pontiac, Michigan
17th May this day of
Lynn D. Allen Clerk
By Deputy Clerk