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HomeMy WebLinkAboutResolutions - 1975.04.09 - 14415er, Chair7 Paul E. PERSONXT„ COMMITTEE REGOING RESOLUTION 4/R7S-' Deft : EBY APPROVE ME F April 3, 1975 RESOLUTION NO. 7054 RE: AMENDMENT #13 to ORDINANCE #12 ESTABLISH AN UNEMPLOYMENT COMPENSATION SYSTEM BY: PERSONNEL COMMITTEE TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRMAN, LADIES AND GENTLEMEN: WHEREAS, by Miscellaneous Resolution No. 6985, adopted March 20, 1975, the Oakland County Board of Commissioners estab- lished an Ordinance to provide for an Unemployment Compensation System; and WHEREAS, said Ordinance provides for the Personnel Committee of the Oakland County Board of Commissioners to administer the Unemployment Compensation System; and WHEREAS, the Personnel Committee recommendsthat the Ordinance to Establish an Unemployment compensation System be amended to pro- vide that the System be administered by the County Executive rather than the Personnel Committee. NOW THEREFORE BE IT RESOLVED that Sections 1, 10 and 11 of the Ordinance to Establish an Unemployment Compensation System be and the same are hereby amended by striking out the words "Personnel Committee of the Oakland County Board of Commissioners" wherever it appears in said Sections and inserting therein the words "Oakland County Executive". Said Ordinance, in its amended form is attached hereto. The Personnel Committee, by Mr. Paul E. Kasper, Chairman, moves the adoption of the foregoing resolution. ORDINANCE NO. 13 AN ORDINANCE TO ESTABLISH AN UNEMPLOYMENT COMPENSATION SYSTEM THE COUNTY OF OAKLAND, STATE OF MICHIGAN, ORDAINS: Section 1. Unemployment Compensation System There is hereby established an unemployment compensation system and benefit plan for employees of the County of Oakland to be administered by the County Executive. This plan is established pursuant to Act No. 170 of the Public Acts of 1958, as amended, of the State of Michigan. Section 2. Definitions "Average Weekly Wage" with respect to a base period of em- ployment, shall be the amount determined by dividing total wages for credit weeks earned by the number of such credit weeks charge- able to the County of Oakland as employer. "Base Period" means the period of 52 consecutive calendar weeks ending with the day immediately preceding the first day of an individual's benefit year. "Benefit Year" with respect to any individual means the period of 52 consecutive calendar weeks beginning with the first calendar week with respect to which the individual, who does not already have a benefit year in effect, files a claim for benefits under this Ordinance provided that the individual has earned wages of at least $25.01 in 14 or more calendar weeks within the Base Period. Such weeks are called "Credit Weeks". "Benefits" means the money payments payable to an eligible and qualified individual, as provided in this Ordinance, with respect to unemployment. "Director of Personnel": All references to Director of Personnel herein shall refer to the Director of Personnel of the County of Oakland. "Unemployed": An individual shall be deemed unemployed with respect to any week during which he performs no services and with respect to which no remuneration is payable to him, or with respect to any week of less than full-time work if the remuneration payable to him is less than his weekly benefit rate. "Wages" means remuneration paid for employment but shall not include any employee payment for life or health insurance, - pension, equipment allowance or similar payment. Section 3. Benefit Rates Benefit payments shall begin with the effective date of unemployment and shall be calculated according to the following rules: a) The weekly benefit rate shall be determined as set forth in the Michigan Security Act Weekly Benefit Rate Table in effect at the time an employee is laid off. b) The family class category of a laid off employee shall be determined as stipulated and provided by the Michigan Employment Security Act. A dependent shall be as defined by the Michigan Employment Security Act. c) Employees shall be entitled to three (3) weeks of bene- fits for each four (4) credit weeks earned working for the County of Oakland up to a maximum of twenty-six (26) weeks for thirty-five (35) earned credit weeks, provided that the claimant has worked the week in which the claimant applied for benefits. The minimum duration shall not be less than ten and one-half (10 1/2) weeks if the claimant worked fourteen (1 11) weeks and earne.d at least $25.01 in each week. d) Any change in the rate of regular benefits and their duration that would be mandatory to meet the requirements for equiv- alency with the Michigan Employment Security Act shall become effective on the same day to change the method of determination of benefits as provided in this section. Section 4. Authorization of Payment Payment of unemployment benefits shall be based on a cer- tification from the Director of Personnel. Such certification shall contain all information necessary for payment. A record of the benefits received by each individual shall be Maintained by the Director of Personnel. Section 5. Employees Covered Except as provided by Section 6, employees covered by this Unemployment Compensation System, shall consist of the employees in the classified Merit System of the County of Oakland as defined by the Oakland County Merit System Resolution and County employees assigned to Community Mental Health, and.District Court Probation Department, and by the Rules and Regulations of the Oakland County Merit System. Section 6. Employees and Persons Not Covered Employees not covered by this unemployment compensation system shall be: a) Employees in the unclassified service including but not limited to elected and appointed officials. b) Persons providing contractual service to the County as specialists, independent contractors or employees thereof. c) Employees who are or were at the time of their employment by the County, students enrolled on a regular basis in high school, college, graduate school or any other school in which primary status is clearly that of a student or any persons hired as students. d) Seasonal, temporary, and part-time employees as defined by the Oakland County Merit System. 3 • • e) Service performed by an individual where compensation is derived at least 50% from federal funds received under a specific federal program for which an application was made and who -se "eMploy- ment is terminated due to discontinuance of the federal funding. f) Service by a student under the age of 18 regularly attending either a public or private shcool below the college level and the employm.ent -. was part-time or within the vacation period of the school, or a part of the school curriculum. Section 7. Eligibility for Benefits A claimant to be eligible for benefits must be employed, as defined, and must make a claim for benefits in the manner pre- scribed by the Director of Personnel and further must: - a) Be able and available to perform full-time work which he is qualified to perform by past experience or training, and of a character-generally similar to work for which he has earned wages; and b) Be in compliance with registration and reportingrequire- ments; and c) Be seeking work. Section 8. Disqualifications A claimant is disqualified from receiving benefits if the Director of Personnel finds that an individual is unemployed due to an ineligible termination or separation as specified in Section 9, has left his work voluntarily or has accepted permanent full-time work with another employer, or has failed without just cause to apply for available suitable work or has failed to accept suitable work when offered, or has failed when directed to return to his customary work. Section 9. Ineligible Terminations and Separations An employee shall not be eligible for benefits under the unemployment compensation system established by this Ordinance, if the unemployment shall result from: 1. Retirement under the Oakland County Employees Retirement System or any future retirement system covering County employees. 2. Discharge or suspension for misconduct connected with one's work, for intoxication while at work, for absence due to imprisonment, or for an act of assault, theft or sabotage connected with his work. 3. Resignations, including resignations in lieu of discharge. 4. Leaves of absence for any reason, whether voluntary or involuntary. 5. Temporary separations made at the request of the employee. 6. Participation or direct interest in a labor dispute including any strike, unauthorized work stoppages, or other concerted action. Section 10. Payment of and Restrictions on Benefits Benefits shall be paid weekly at a time and place fixed by the County Executive. All beneficiaries must report weekly to the Merit System Office on designated days for weekly benefit checks and determination of continuing eligibility. For continuing eli- gibility, a beneficiary must be actively seeking work, and must be registered with the Michigan Employment Security Commission. No beneficiary who shall refuse any reasonable bona fide offer of employment shall receive any benefits after such referral. Section 11. Rules and Procedures Rules and procedures including any necessary forms may be established by the County Executive to administer the Unemploy- ment Compensation System. The Director of Personnel or his designee may bring suit in the name of the County of Oakland to recover any moneys paid upon a fraudulent or untrue application or claim. Section 12. Determinations The Director of Personnel or his designee shall promptly make a determination after an application for benefits is filed 5 whether the claimant is a covered individual eligible and qualified to draw benefits based upon the available information. The issuance of each benefit check shall be considered a determination that the claimant receiving the check was a covered individual eligible and qualified for benefits. Where a claimant refuses work or fails to apply for work or in any other way is or becomes disqualified or ineligible for benefits, the Director of Personnel or his designee ,shall promptly make a written determination of such disqualification or ineligibility and shall send the claimant notice thereof. Section 13. Redeterminations Upon the written request of any claimant within 15 days following any determination or decision respecting qualification, eligibility or rate of benefits, the Director of Personnel or his designee shall promptly review the prior determination and, if neces- sary, may order a hearing thereon. Upon review with or without hearing, the Director of Personnel or his designee shall issue a redetermination affirming, modifying or reversing the prior deter- mination and stating the reasons therefor. Such redetermination shall be final unless an appeal is filed as provided in Section 14 (below). Section 14. Appeals There is hereby established an Unemployment Compensation Appeal Board, to consist ofthree member appointed by the Chairman of the Oakland County Board of Commissioners, subject to the ap- proval of the Board of Commissioners. In the first instance members shall be appointed for terms ending 1, 2 and 3 years from January 1, 1975. Thereafter, each member shall be appointed for a term of 3 years ending at midnight December 31. It shall be the duty of the board to review determinations and decisions of the Director of Personnel pertaining to this Unemployment Compensation System provided that a claim of appeal is filed within 15 days of such decision or determination. The time to file a claim of appeal shall not begin until an employee has been notified in writing of his right to appeal. 6 Section 15. Appeal Board Powers and Duties . The appeal board may omits own motion affirm, modify, set aside or reverse any decision or order on the basis of the evidence previously submitted in such case, or direct the taking of additional evidence, or may permit any of the parties to such decision or order to initiate further appeals before it. The appeal board shall promptly notify parties of its findings and decisions and its reasons therefor but may omit the giving of any reasons if the previous order, decision or determination is affirmed without any alteration or modification. Section 16. Procedure, Reports, Record of Proceedings on Appeal, Transcripts of Testimony The manner in which appeals to the appeal board shall be presented, the reports thereon required from the interested party or parties, and the procedure governing such appeals shall be in - accordance with rules prescribed by the appeal board. A full and complete record shall be kept of all proceedings in connection with an appeal. Staff, space and such clerical service as is needed shall be provided by the Director of Personnel to the appeal board. Section 17. Extension of Time Whenever the last day of the period to apply for redeter- mination or to appeal any decision, determination or redetermination, falls on a Saturday, Sunday or legal holiday, such period shall run until the end of the next day which is not a Saturday, Sunday or holiday. Section 18. Finances Financing shall be accomplished through the Unemployment Compensation System Fund, herewith established to account for re- lated revenue and expenditures, including payment of unemployment benefits. The Director of Personnel shall recommend to the Personnel Committee annual appropriations to be made for this activity, pro- vided that no appropriations will be required after fund balance of $100,000.00 has been accumulated in the Unemployment Compensation System Fund. Section 19. False Statements No person shall, with intent to deceive, make any false or untrue statements or reports. In lieu of criminal action based on any false or untrue statements or reports, the appeal board may recommend disciplinary or other action to the controlling depart- ment, board or commission. Section 20. Catchline Headings The catchline headings of the sections of this Ordinance shall In no way be considered to be a part of the respective sections or . of this Ordinance but are inserted herein for purposes of convenience. Section 21. Severability If any section, paragraph, sentence of this Ordinance shall be held invalid for any cause the same shall not affect any other - section, paragraph or sentence of this Ordinance. #7054 Moved by Kasper supported by McDonald the resolution be adopted. AYES: Wilcox, Wilson, Coy, Daly, Dearborn, Douglas, Dunleavy, Fortino, Gabler, Hoot, Houghten, Kasper, Lennon, McDonald, Moffitt, Montante, Nowak, Olson, Patterson, Pernick, Price, Roth. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution 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 3:795G.acl9ptel b .t . h Ok 4 .C.o.u.n.t,y. Board. of. Commi s s ionars 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 this 10th day of... 19.7.5.. Lynn D. Arlen Clerk By Deputy Clerk