HomeMy WebLinkAboutResolutions - 1976.04.13 - 14003Miscellaneous Resolution 7510 April 13, 1976
BY PERSONNEL COMMITTEE — Dennis M. Aaron, Chairman.
IN RE: SUBMISSION OF CHANGES IN MERIT SYSTEM RULES
TO TUE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chaixman, 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 m e eting of the
Board and shall become effective. thirty (30) days after such meeting unless
objection is received in writing by the Chairman of the Board. of Commissioners,
in which case Hie objection. shall become a matter of business at the next
meeting of the Board; and
WEEREASithas become desirable to male certain changes in the wording
of Rules 8, 10 and to add a new Rule 10A, 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 22, 1976,
NOW THEREFORE BE IT RESOLVED that the reading of this notice and the
distribution of this notice and the attached forms labeled. "Proposed Changes
in Merit.. System Rule", to all the Commissioners present and absent to be
considered as the official submission to the Board of Commissioners, of the
described changes in Rules 8, 10 and to add a new Rule 10A.
The Personnel Committee, by Dennis M. Aaron, Chairman, moves the
adoption of the foregoing resolution.
PERSONNEL COMMITTEE
r, trn
1111111] ON PACE SECTION TO BE CHANCED1 SECTION III
Change Submitted by: PERSONNEL APPEAL BOARD
See Attachment B. See Attachment A.
PRESENT -,70RDING WORDTNG
REASO: FOR GRANGE
clarify the examples of "cause" given in Section III of this rule.
Date: 3/22/767
County Executive: Approved
Personnel Committee: Approved
Introduced to Board of Co,aidssioners: Date:
Oakitnnd County Merit Systez,,
RULE
NUMT,E7
RULE
TITLE DISCIPLINARY ACTIONS
Section IV Subsection A of Merit System Resolution -
of the rules and reoui.atiors ole-oeloped by the Personnel Committee and all
tiors shall he-submitted to the Board of
of the Board of Commissioners and shall hocoar
z:ng unless objection is received in w.
oara in which case the objeo -
g of the Board of Co777iFs003rs,
Copies
future •r?5 in such rules and:
.Cossio77r,ro at a relar meet
eff-3tive thirt2 rc20 s after such
the Chair= of the Board of Co-r7sF
a matter of buoin.ess czt Kext 7:get
3. . Dismissals roust he given on forms provided by the Personnel Division and
• must be presented to the employee in accordance with Section ft of this
rule.
Section II METHODS OF NOTIFYING AN DIPLOYEE OF:
A. Written R.eprima
Withholding of Merit 'Increase
Suspension Without Pay
Demotion
Dismi:ssal
A \,..-rittc2n 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 he 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.
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 EXAMPLES OF "CAUSE"
The following are some examples of "cause" for which an employee may be
reprimanded, have a merit salary increase withheld, be suspended, demoted, dismissed
or otherwise disciplined. Such actions may be taken for cause other than those
specifically listed here.
1. Lack of ability to perform the duties of the positionor classification held.
2. Failure to produce the quality and/or quantity of work the position or
classification requires.
3. Insubordination.
4. Has solicited or accepted money or anything of value to influence his
decisions in .public matters or as a reward for such decisions.
Page 3 of 4 - RULE 8•
a.
A.
ATTACHMENT .A
5. Being under the influence of narcotics or alcohol on the job.
6. Scandalous or disgraceful conduct while on or off duty where such
conduct brings the employee's department and/or the County service into
public disrepute.
7. Deliberately causing poor morale or disrespect among fellow employees,
by actions and/or attitude.
8. Abusive or improper treatment of an inmate, patient or client of any
County- institution or department.
9. Habitual tardiness in reporting for duty. .
10. Being absent from duty during working hours without permission..
1 1. Stealing from the County or the inmates patients or clients • of its
institutions and departments.
17, Has wilfully violated any lawful and reasonable departmental or County
rule or regulation.
13. Has been convicted of a felony or of a misdemeanor involving moral
turpitude casting doubt on his ability to perform his job.
14. Has been charged with the commission of a felony, or of a misdemeanor
involving moral turpitude casting doubt on his ability to perform his job.*
15. Has engaged in political activities restricted under Section VI, L of the
Merit System Resolution and Rule 19 of these rules and regulations, -
16. Has failed to pay personal bills to the point that his creditors garnishee his
County salary.
17. While on duty, exhibits symptoms of negligence in personal hygiene which
bring unpleasantness to clients of the County and co-workers to. the point
that the County is subject to embarassment and disrespect.
18. Has been convicted of narcotics addiction.
19. Reporting for duty in attire or other aspects contributing to appearance
which are considered unacceptable by the majority of the major
employers in the County engaged in the same type of working situation. .
RULE 8 - Page 4 of 4
ATTACIMENT, B
RULE 8
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 includa, but not
necessarily be limited to, each of the following kinds of conduct.
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 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.
4- Conduct or perfol:mance on the job which demonstrates insubordination, which
is defined as a refusal to follow appropriate written or oral procedures,
instructions, or directions from a supervisory employee or Department Head.
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 alcohol, 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 improper 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.
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.
ATTAWIENT B Page 2
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 properly perform his job.
19. If an employee has been charged with the commission of a felony, he shall
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 involved
moral turpitude or casts doubt on the ability of the employee 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.
20. If an employee has been charged with the commission of a misdemeanor, 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 involved moral
turpitude or casts doubt on the ability of the employee 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.
IN ADDITION, DISCIPLINARY ACTION MAY BE TAKEN FOR REASONS OR "CAUSE" SPECIFICALLY
DEFINED BY THE DEPARTIENT OTHER THAN THOSE LISTED HERE.
RULE
TITLE PERSONNEL APPEAL BOARD
RULE
PIZOPOSED WORDINC PRESENT WORDING
'Date: 3/22/76i
/Date:
Date:
Change Submitted by: PERSONNEL APPEAL BOARD g
1 1
Disapproved by„.,
Disapproved 1fy:- Personnel Committee: Approved
County Executive: Approved lxi
Oakland County Merit System
ALSO -- ADDITION OF NEW RULE 10A.
SECTION TO BE CHANGED I SECTIONS III -- on. ON PACE Or
; See Attachment A. To delete Sections III through IX, then
renumber present Section X to Section III
and renumber present Section XI to
Section IV.
(Sections III through IX to be incorporated
into a proposed new Rule 10A. Refer to
Attachment B.)
REASON FOR CHANGE
To clarify Merit System language with particular emphasis on adjusting conflicts in the rule
relative to Personnel Appeal Board Elections.
/1
Introduced to Board of Commissioners: Date:
Section IV Subsection A of Merit System Resolution
COT)ies of the rules and regultions developed by the Personnel Committee and all .
future charnes in such rules and regulations shall be submitted to the Board of
Commssioners at a regular meeting of the Board of Commissioners and Shall
effective thirty dons after such meeting unless objection. is received in writi ,g by
1 the Chairman of t he Board of Co=issioners, in which case the objection shall neon
a matter of business at -t-he next meeting of the Board of Comissionors.
ATTACTENT A
RULE 10 — PERSONNEL APPEAL BOARD
(Reference to Section VI, K of the Merit System Resolution)
Section I DUTIES OF THE PERSONNEL APPEAL BOARD
The Personnel Appeal Board shall act as the final County appeal body in matters of dismissals,
suspensions, demotions and disciplinary actions involving covered County employees and
departments. It shall be impowered to swear and hear witnesses and take testimony. Its decisions
shall be binding on covered employees and departments.
Section II JURISDICTION OF THE PERSONNEL APPEAL BOARD
The Personnel Appeal Board shall act in cases involving all County employees except those
specifically excluded from the provisions of the Merit System Resolution.
Section III MAKEUP OF THE PERSONNEL APPEAL BOARD
The Merit System Resolution provides that the Appeal Board shall be made up of five members.
A. Two Members selected by the County's Employees.
B. Two Members of the Board of Commissioners.
C. One Member selected by the other four.
Section IV SPECIAL CONDITIONS FOR MEMBERSHIP
No Member of the Personnel Appeal Board shall have been a County Employee within one year
prior to the date of appointment to this Board.
Section V LENGTH OF TERM
Members of the Personnel Appeal Board shall be selected for one year terms beginning January 1
of each year.
A. The first appointees shall serve through December 31, 1967.
Section Vi COMPENSATION
Members of the Personnel Appeal Board shall receive the same per diem compensation and
mileage as that paid to Members of the Board of Commissioners.
Section VII 'METHOD OF - SELECTION OF THOSE MEMBERS SELECTED BY THE COUNTY'S
EMPLOYEES
The Members of the Personnel Appeal Board selected by the County's Employees shall be
selected in the same manner in which employee members of the Oakland County Employees'
Retirement Commission are elected.
All County employees shall be eligible to sign nominating petitions and vote in this
election except those specifically excluded from the provisions of the Merit
System Resolution.
Page 1 of 6 - RULE 11
A.
a
ATTACHMENT A
B. Date of Election
The third (3rd) Tuesday of December of each year shall be designated as the date
for the annual election of two Employee Selected Members of the Oakland County
Personnel Appeal Board.
C. Filling Vacancies
• if a vacancy shall occur within ninety (90) days of the date of the next regular
annual election, the unexpired term of that office shall be filled at said annual.
election. All other vacancies shall be filled not later than ninety (90) days
• following the occurrence of said vacancy by a special election called for that
purpose, to be conducted in the same mariner as a regular election.
D. Nominating Petitions
1. Notice of the Last Date for Filing Nominating Petitions
The Personnel Director shall not later than the fourth (4th)
Tuesday in the second (2nd) month preceding any election prepare
for each department and institution a notice for the filing of
nominating petitions, the same to be placed on a bulletin board or
other conspicuous place within . the department or institution,
setting forth the last day for such filing and such ocher information
as shall be necessary to such filing.
Official Nominating Petitions Must Be 1..),sed
The Personnel Director shall make official nominating petition
forms available to all interested employees and candidates as of the
official posting date of the "Notice of the Last Date for Filing
Nominating Petitions".. PETITIONS FILED ON OTHER FORMS
MEL BE CONSIDERED INVALID.
3. Number of Signatures Necessary
To obtain the printing of the name of any candidate on the official
election ballots, there shall be filed with the Personnel Director
nominating petitions signed by not less than fifty (50) employees.
No candidate shall have his name printed upon any official ballot
nor be qualified to fill the office of the Employee Selected Member
unless nominating petitions shall have been circulated and filed in
accordance with these rules and he is otherwise fully qualified to fill .
the office for which the election is being held,
No nominating petition signature shall be considered
valid if the employee has signed nominating petitions
for more than two (2) candidates,
a.
R CLE: iO Page, 2 cf 6
ATTACHMENT A
4. Deadline for Receiving Nominating Petitions
The Personnel Director shall receive notnnating. petitions filed in
accordance with the regulations up to four (4) o'clock in. the
afternoon of the third (3rd) Monday of the month preceding the
election.
E. A_cceptance of Nomination
Each candidate shall not later than 4:00 p.m. on the last day for the filing of
petitions, file with the Personnel Director an official "Acceptance Statement'''' on
the official forms to be supplied by the Personnel Division, Failure to so file shall
result in disqualification. of any candidate on whose behalf nominating petitions.
shall have been filed.
F. Certification of Qualified Candidates
The Personnel Director shall within three (3) days after the last day named for
filing and receiving nominating petitions, canvass the. same to ascertain if such
petitions have been signed by the requisite number of qualified employees, and for
the purpose of deterinining the validity thereof. He shall then certify in writing to
all qualified candidates, the names of all candidates so qualified.
G. Notification of Candidates not Qualified
In case it is determined that for any cause any candidate who has filed is not _
entitled to have his name printed on the official ballot, it shall be the duty of the
Personnel Director to immediately notify the candidates -of such fact.
H. Withdrawal of Candidate
After the filing of a nominating petition by or in behalf of a proposed ca n dida te ,.
such candidate shall not be permitted to withdraw unless a written notice Of
withdrawal is filed with the Personnel Director not later than three (3) days after
the last day for filing such petitions.
I. Notice of Election
Not less than five (5) days prior to any annual or special election, the Personnel
Director shall furnish to each department and institution a notice of election, the.
same to be placed on a bulletin board or other conspicuous place in the
department or institution, setting forth the date of said election, the names of the
qualified candidates in the order they will appear on the official ballot, the term(s)
of office(s) to be filled, and such other information as shall be 'necessary in the
conduct of said election.
Method of Voting 7
All balloting shall be on fornis prescribed by the Personnel Practices
Committee.
rage 3 or 5 - RULE 1
1.
ATTACHMENT. A
The names of all qualified candidates shall be arranged on the -
official ballot in alphabetical order of surname (last name) as to
read in the following manner:- First, middle, last .name. No .
candidate shall have the right to any designation other than his or
her full name: except that any candidate presently holding the
office of Employee Selected Member shall be entitled to have the
work "incumbent" following his or her name. in the event two or
more candidates shall have the same name, the Election Board may
prescribe the mariner by which the candidates shall be
differentiated, •
3. All voting shall be by "Absent Voter's Ballots". Within five (5) days
prior to the date extabiished for an election, the Personnel Director
shah furnish each department or institution with a supply of
ballots, each ballot to be enclosed in an unsealed envelope. The
Department Heads of such departments and institutions shalt be .
held responsible for the distribution of ballots to each eligible voter
and shall take a receipt from each voter when the ballot is delivered.
After the voter has voted and sealed the ballot in the envelope, the
Departnient Head 'shall deliver the ballots with the receipts to the
office of the Personnel Director as outlined below.
K. Hours of Voting
The polls shall be open for voting from 12 o'clock noon the day prior. to the date
of election until 12 o'clock noon of the .day of of the election. All voted ballots
must be delivered to the office of the Personnel Director not later than 4-:.00 p.m.
on the day following the day of the election:.
Canvass of Vote •
The votes shall be canvassed within seven (7) days following the day of election
the Personnel Division Offices, unless some other place is designated by the
Personnel Practices Committee, and said canvassing shall be open to any employee
or candidate.
M. Method of Determining the Winning Candidates
The successful candidates shall be those two candidates receiving the highest and
second highest number of the qualified votes cast at such election for the office
concerned. In the event of a tie, the tie shall be resolved by lot in such manner and
conditions as shall be prescribed by the election board.
N. Election Board
The Personnel Practices Committee shall act as the Election. Board in the conduct,
canvass and certification of any election under these regulations.
RULE 10 - Page 4 of 6
2.
ATTACIDIENT. A
The decision of the Election Board shall be binding and final in the
resolvini; of any questions of interpretation, clarification, or other
matters relative to the conduct of the election of Employee
Selected Members of the Personnel Appeal Board. •
Section VIII METHOD OF SELECTION OF THOSE MEMBER.S OF THE OAKLAND COUNTY BOARD OF
COMMISSIONERS APPOINTED TO THE PERSONNEL APPEAL BOARD
Two Members of the Board of Commi:=sioners shall be appointed to the Personnel Appeal Board
by the Chairman of the Board (:)f. Commissioners, subject to approval by the Board of
Commissioners.
A. In the event of vacancies. replacements shall be named at the next meeting of the
Board of Commissioners. ..
Section IX METHOD OF SELECTION OF THE FIFTH MEMBER OF THE PERSONNEL APPEAL BOARD
The fifth Member of the PersA. nel Appeal Board shall be selected by .a majority
vote of the other four Members.
1.
Section X
A. If the four Members of the Personnel Appeal Board are unable to select the fifth
member within thrity r30) calendar days after their appointment, they shall so
notify the Oakland County Circuit Court Bench which shall appoint a fifth
member to the Personnel Appeal Board within fifteen (13) calendar days,
METHOD OF SELECTION OF CHAIRMAN AND VICE-CHAIRMAN OF THE PERSONNEL
APPEAL BOARD
A. The Chairman of the Personnel Appeal Board shall be selected by a majority vote
of the five Members.
The Vice-Chairman of the Personnel Appeal Board shall also be selected by a
majority vote of the five Members.
Section XI DUTIES OF THE CHAIRMAN OF THE PERSONNEL APPEAL BOARD
The duties of the Chairman shall include, but not be limited to:.
Calling meetings of the Personnel Appeal Board and setting the time and place of
such meetings:
1. Meetings may also be called by two members of the Board.
2. Notices of meetings giving the time and place of the meeting shall , be made in writing at least five (5) calendar days prior to the date
of the meeting,
At a meeting with all members present, the above
notice can be waived by a majority vote of the
Members.
Page 5 of 6 - RULE 10
B.
A.
a_
ATTACHMENT A
B. Preparing, or causing to be prepared, agendas and official minutes of the Board's'
meetings.
C. Calling and administering the oath to witnesses.
D. Acting as Chairman of Board meetings and maintaining order.
E. Being responsible for the Board's actions being properly recorded, reported to the
interested parties and for seeing that the Board's decisions are acted upon.
F. hi the absence of the Chairman, the Vice-Chairman shall perform all of the duties
of the Chairman.
11.1.1LE 10 - Page 6 of 6
ATTACHMENT B
SECTION I
RULE 10A - PERSONNEL APPEAL BOARD
(Reference to Section VI, K of the Merit System Resolution)
MEMDERSHIP OF THE PERSONNEL APPEAL BOARD
The Oakland County Personrel Appeal Board shall be composed of
five members. Two members shall be elected by the qualified
County employes who are within the merit system. Two Members
of the Board of Comillissioners shall be appointed to the Personnel
Appeal Board by the Chairman of the Board of Commissioners, subject
to approval by the Board of Commissioners. The fifth member shall
be selected by the other four members.
SECTION II ELIGIBILITY FOR MEMBERSHIP
No person shall be eligible to serve as a member of the Personnel
Appeal Board who is a county employee within the merit system, or
who has been a county employee within one year prior to the
beginning date of service on the Board.
SECTION III LENGTH OF TERM
Members of the Personnel Appeal Board shall serve for a term of
one year beginning on January 1 of each year.
SECTION IV COMPENSATION
Members of the Personnel Appeal Board shall receive the same
per diem compensation and mileage as that paid to Members of
the Board of Commissioners for service on other Boards or
Commissions.
SECTION V METHOD OF ELECTION OF EMPLOYEE ELECTED MEM_BERS
A. Date of Election
The first Friday of December of each year shall be designated
as the date for the annual election of two Employee elected
Members of the Oakland County Personnel Appeal Board.
B. Official Nominating Petitions Must Be Used
The County Clerk Elections Division shall make official
nominating petition forms available to all interested
employees and candidates as of the official posting date
of the "Notice of the Last Date for Filing Nominating
Petitions" (no later than the fourth (4th) Tuesday in the
second (2nd) month preceding the election. PETITIONS FILED
ON OTHER FORMS WILL BE CONSIDERED INVALID.
C. Employees Eligible to Nominate
All County employees shall be eligible to sign nominating
petitions and vote in this election except those specifically
excluded from the provisions of the Merit System Resolution-
ATTACHMENT B . • Page 2
D. Number of Signatures Necessary to Nominate
To obtain the printing of the name of any candidate on the
official election ballots, there shall be filed with the
County Clerk Elections Division nominating petitions signed
by not less than fifty (50) qualified County employees.
E. Invalid Petition Signatures
No nominating petition signatures shall be considered valid
if the employee has signed nominating petitions for more
than two (2) candidates.
F. Nominating Petition Required
No candidate shall have his name printed upon any official
ballot nor be qualified to fill the office of the Employee
Selected Member unless nominating petitions shall have been
circulated and filed in accordance with these rules and he
is otherwise fully qualified to fill the office for which
the election is being held.
G. Deadline for Receiving Nominating Petitions
The County Clerk Elections Division shall receive nominating
petitions filed in accordance with the regulations up to
four (4) o'clock in the afternoon of the Fourth (4th) Friday
preceding the election.
H. Notice of the Last Date for Filing Nominatin Petitions
The County Clerk Elections Division shall not later than the
Seventh (7th) Friday preceding any election prepare for each
department and institution a notice for the filing of
nominating petitions. The notice shall be placed on a
bulletin board or other conspicuous place within the various
departments and their satellite offices or institutions, .
setting forth the last day for such filing and such other
infoLmation as shall be necessary to such filing.
I. Acceptance of Nominations
Each candidate shall, not later than 4:00 p.m. on the last
day for the filing of petitions, file with the County Clerk's
Director of Elections an official "Acceptance Statement".
These official forms are to be supplied by the Elections
Division Office. Failure to so file shall result in
disqualification of any candidate on whose behalf n.or,r,a1-1'ng
petitions shall have been filed.
J. Certification of Qualified Candidates
The County Clerk Elections Division shall within three (3)
business days after the last day named for filing and raceivinp:
nominating petitions, canvass the seine to ascert a in if such
petitions have been signed by the requisite number of qualified
employees, and for the purpose of determining the validity
thereof. He shall then certify in writing to all qualified
candidates, the names of all candidates so qualified,
ATTACHMENT B Page 3
K. Notification of Candidates Not Qualified
In case it is determined that for any cause any candidate
who has filed is not entitled to have his name printed on
the official ballot, it shall be the duty of the County
Clerk Elections Division to immediately notify the candidates
of such fact.
L. Withdrawal of Candidate
After the filing of a nominating petition by or in behalf of
a proposed candidate, such candidate shall not be permitted
to withdraw unless a written notice of withdrawal is filed
with the Director of Elections not later than three (3)
business days after the last day for filing such petitions.
M. Notice of Election
Not less than five (5) days prior to any annual or special
election, the County Clerk Elections Division shall furnish
to each department and institution a notice of election, the
same to be placed on a bulletin board or other conspicuous
place in the various departments and their satellite offices
or institution, setting forth the date of said election, the
names of the qualified candidates in the order they will
appear on the official ballot, the teLm(s) of office(s) to
be filled, and such other information as shall be necessary
in the conduct of said election.
N. Ballots
All voting shall be by "absent voter's ballots". All
balloting shall be on forms prescribed by the Personnel
Committee.
0. Ballot Arrangement
The names of all qualified candidates shall be arranged on
the official ballot in alphabetical order of surname (last
name) as to read in the following manner: First, middle,
surname.
P. Ballot Designations
No candidate shall have the right to any designation other
than his or her full name; except that any candidate presently
holding the office of Employee Selected .Member shall be
entitled to have the word "incumbent" following his or her
name. In the event two or more candidates shall have the
same name, the Election Board may prescribe the manner by
which the candidates shall be differentiated.
ATTACHMENT B Page 4
Q. Distribution of Ballots
On the last payday preceding the date established for the
election, the County Clerk's Director of Elections, or his
staff, shall provide for delivery to each employee eligible
to vote, by attachment to the employee's paycheck, an official
election ballot, voting instructions including the location
of ballot boxes, campaign rules, information about all the
candidates and a pre-addressed ballot return envelope.
R. Deposit of Ballots
All voters shall be responsible for depositing their own
marked ballot in one of the sealed ballot boxes provided,
between 12:00 noon on the day the ballots are distributed and
12:00 noon on the day of the election. All voted ballots
must be sealed in their ballot return envelope and the ballot
return envelope must be signed on the outside to be considered
valid. Ballots may also be returned via U.S. Mail in the signed,
pre-addressed ballot return envelope, to the County Elections
Director, provided they, are received by noon on the day of
the election. Necessary postage shall be supplied by the
voting employee.
S. Collection of Ballot Boxes
All ballot boxes shall be delivered to the office of the
Director of Elections not later than 4:00 p.m. on the day
of the election.
T. Canvass of Vote
The votes shall be canvassed within seven (7) days following
the day of election in the County Clerk's Offices, unless
some other place is designated by the Director of Elections,
and said canvassing shall be open to any employee or candidate.
Voters shall be canvassed by the County Board of Canvassers
who shall be paid their regular per diem and mileage for
their services,
U. Election Board
The Personnel Committee shall act as the Election Board and
the County Board of Canvassers shall be responsible for the
canvass and certification of any election under these regulations
V. Authorit_y of the Election Board
The decision of the Election Board shall be binding and final
in the resolving of any questions of interpretation, clarifica-
tion, or other matters relative to the conduct of the election
of Employee Selected Members of the Personnel Appeal Board.
W. Method of Determining the Winning Candidates
The successful candidates shall be those two candidates receiving
the highest and second highest number of the qualified votes cast
at such election for the office concerned. In the event of a tie,
the tie shall be resolved by lot in such manner and conditions as
Shall be prescribed by the Election Board.
ATTACHMENT B Page 5
X. Filling Vacancies
If a vacancy shall occur within ninety (90) days of the date
of the next regular annual election, the unexpired term of
that office shall not be filled. All other vacancies shall
be filled not later than ninety (90) days following the
occurrence of said vacancy by a special election called for
that purpose, to be conducted in the same manner as a regular
election.
SECTION VI COMISSIONERS APPOINTED TO THE PERSONNEL APPEAL BOARD
During the month of December two Members of the Board of Commissioners
shall be appointed to the Personnel Appeal Board by the Chairman.
of the Board of Commissioners, subject to approval by the Board
of Commissioners. In the event of vacancies, replacements shall
be named at the next meeting of the Board of Commissioners.
SECTION VII SELECTION OF THE FIFTH MEMBER OF THE PERSONNEL APPEAL BOARD
The fifth Member of the Personnel Appeal Board shall be selected
by a majority vote of the other four Members. If the four Members
of the Personnel Appeal Board are unable to select the fifth member
within thirty (30) calendar days after their appointment, they
shall so notify the Oakland County Circuit Court Bench which
shall appoint a fifth member to the Personnel Appeal Board
within fifteen (15) calendar days.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that 1 have compared the annexed copy of
Miscellaneous Resolution #7510 adopted by the Oakland County Board of
Commissioners at their meeting held on April 13, 1976
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, 1 have hereunto set my hand and
affixed the seal of said County at Pontiac, Michigan
13th this,„„..„........... .day of, ...,.19.7.
Lynn D. Allen,....... ...... ....... Clerk
By.„...,..e ..„, ..... ............. Deputy Clerk