HomeMy WebLinkAboutResolutions - 1974.08.22 - 14992Miscellaneous Resolution 6795 August 22, 1974
BY: PERSONNEL PRACTICES COMMITTEE - Paul E. Kasper, Chairman
IN RE: SUBMISSION OF CHANGES IN MERIT SYSTEM RULES
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr- Chairman, Ladies and Gentlemen:
WHEREAS Section IV, Sub-section A of the Merit System Resolution requires
that copies of all changes in the rules and regulations of the Merit System shall be sub-
mitted 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 Chairman of the Board of Commissioners, in which case the objection shall become a
matter of business at the next meeting of the Board; and
WHEREAS it has become desirable to make certain changes in Rules 2, 13, 14 and 26
as spelled out in the attachments to this resolution; and
WHEREAS your Personnel Practices Committee reviewed and approved these changes
at its meeting of August 9, 1974;
NOW THEREFORE let the reading of this notice and the attached forms labeled
"Proposed Change In Merit System Rule", to all the Commissioners present and absent, be
considered as the official submission to the Board of Commissioners, of the described changes
in Rules 2, 13, 14 and 26.
PERSONNEL PRACTICES COMMITTEE
tom
n
RULE
NUMBER
RULE
TITLE 2
SECTION TO BE CHANCED VIII - Overtime Pay, B. ON PAGE 9
PRESENT WORDING
B. Eligibility for Overtime
PROPOSED WORDING
Eligibility for Overtime
of Commissioners: Date :_27,
Date: 8-l-74
by 7-7)
Disapproved by:ii,';;I PJ. Date
Oakland County •701 -it
1. All County Employees are eligible for
overtime (as defined in Section VIII
of this rule) except:
a. Officers elected by popular vote
and persons appointed to fill
vacancies in such offices.
'b. Officers and employees for whom
the constitution specifically
directs the manner of appoint-
ment.
c. Members of Boards and Commissions,
and Officers specifically required
by law to be appointees of the
Board of Commissioners, the •:
Governor or other non-County
officials or official bodies.
d. The one deputy or assistant to
each of the elective officers
excluded from coverage by the
Merit System under Rule 1. (Cont.)
1. All County Employees are eligible
overtime (as defined in Section VIII
of this rule) except;
a-. Officers elected p v popular vete
and persons appointed to fill
vacancies in such offices.**
b. Officers and employees for whom
the constitution specifically
directs the manner of appoint-
ment.**
c. Members of Boards and Commissions!
specifically required by law to
be appointees of the Board of
Commissioners, the Governor or
other non-County officials or
official bodies.**
d. The one deputy or assistant to
each. of the elective officers
excluded from coverage by the
Merit_ System under Rule 1.**
(Cont.)
fort
REASON FOR CHANGE -
.**Section 3,(e),(2)9( ) Fair Labor Standards Act of 1938 as amended.
[-
Change 'Submitted by: Personnel
Board of Auditors: vi Approved [-] Disapproved
pr
Introduced to Board
Personnel Practices Committee: Approved [i
Section IV Subsection A of Merit System Resolution
i
Co es of Y-i2:-: 2-62.10s aYid re022/0tIcs dco / ocf by thL=2 s ouoc Policies r.C m;t fee a-rid
j - - 7:-. .. l -aZ future ckance in sch 2'0,e awl re;p77 sha . to Ac. t(J'H
pisors at a regular mo o fi of -1;,7 ,:- .Til of ,Sz.Tisolv: a,.(71 ItUrty da gfter such N,--cf,&q7 2.-!,c'ss of.),:-,,-:.7 1.• p:?(.3(! ::.??,.,ng b:f the :7-;lan kf the Bogrd of Sw..)epors, .in ,7;71.07.y ocif!e abc b r2.it ::7;:a .:•7 ?:?J. a 7 -;,1t;ter c'-)- bw3in6L:L: ,2-1.- t:he next r;,.3.e.2
N3,11c, Z., section Viii - Overtime Pay, B (Cori"
(Present Wording continued)
e. The attorneys and investigators
employed by the Prosecuting
Attorney's Office.
f. Department Heads and Assistant
Department Heads.
g. Those employees in activities
which require them to spend •
time in the "field" away from
their "home working station
shall not be eligible for
overtime payment for time spent
in the "field" which runs past
the normal quitting time for
their shift, except in those
cases where the employee's
Department Read, or another
supervisory employee given
• this authority by the Depart-
ment Head, specifically directs
the employee to do the specific
work at that specific time.
Ii. Those employees who are not
supervised as to specifically
when during the working day or
working week they are to carry
out specific activities, jobs,
or actions, (Overtime cannot
be self-assigned.)
(Proposed Wording continued)
e. Executive, Administrative or
Professional employees as
interpreted by the Personnel
Practices Committee as being
excluded from the mandatory
. payment of overtime by the
U. S. Department of Labor under
authority of Section 13(a)(1)
of the Fair Labor Standards Act
of 1938 as amended, unless made
eligible for overtime by the
Personnel Practices Committee.
L Deleted.
g. Deleted.
h. Deleted.
RULE
NUMM-2.R 2
-1 ON PAGE f .4 OF
SECTION TO BE CHANG:EDF-TETI, B,2
Date:SL-1-74
Date: Fik,4z74
Date: Disapproved by:_dp,
Change Submitted by:Lpersorme l _
- .- AI Introduced to Board of c ommi ss i oners : Date:_RA; - '
......_J :- - [-- I Personnel Practices Committee:KAp7)roved
Board of Auditors: [vri Approved [ -
77 by the PoZicies Ccrintfc:e
to L';--te Z.ne of
(T,nd .sha7:1
it n7c,-21,od ,
C r;af.:ti=f?
t- `.1 S [72: •.tri„ 'A -2 r
j •
PRESENT WORDING
2. The positions of those . County employees
and officials excepted from the payment
of overtime:
a. Shall be so noted in the salaries
portion of the County's annual
.budget document and in the official
County Salary Schedule.
PROPOSED WORDING
2. The positions of those County employees
and officials excepted from the payment
of overtime:
a. Shall be so noted in the County's
official salary schedule.
REASON FOR CPANCE
To Conform with current budget preparation procedures and salary setting schedules and
practice.,
Section IV Subsection A n.fNon t S Y stem R -so -Hit ion •
1 Cops of the :rules and rer,i.io ge?:
07,Z future (-.1.2anc,?t; in sw.fh rzCi,ei: and ucon
o( o rE,:201,c; of -t,L.;
ofter :31,?ch N7,e
OT AS P(,)a-pd of Supet,00r,
ins ioc,.n of the ne_xt
. r'W
PROPOSED WORDING
*(2) Absence from work of less than one
complete working day shall be compensated
as if the employee were "on the job" and 1
.shall not be deducted from Annual Leave
accumulations, Sick Leave accumulations
or any similar leave plan.
*(3) Shall be compensated for periods of
temporary military leave as though they .
were "on the job" except their salary for
that period shall be offset by the amounl
of military pay received by the employee
for that period.
*(4) Shall be compensated as a witness under
Merit System Rule 14 whether subpoenaed
as a witness or appearing voluntarily.
REASON FOR CHANGE
Board of Auditors: Approved
Personnel Practices Committee: [79
Oakland Co=ty '?..1erit System
RULE
NUMBER 2
RULE
TITLE Salaries
ADDED
SECTION TO BE CHAN-F,D ON PAGE [4J OF 5-
4 .1.
VIII, 8, 3, d, (2), (3) & (4)
NONE
PRESENT WORDING
* Section 13(a) of the Fair Labor Standards Act of 1938 as amended and 1 541.118 —
Federal Register, May 7, 1973.
Change Submitted by; Personnel
Disa'r-nDroved by /51 ;I/ '2
---
Disapproved lov-Et_pc- Date:
Introduced to Board of Commissioners: Date:
Section IV Subsection A of Neri..f_ Syst.e.Po R2so1ution.
Copies ofthe no Zoo a ,2(1on Zofio aeoocaa by the Penocvvo o li c i es Cornittee av alL fuq.ro Ci to ile Boap 4 0' Spcy.-vioors at g. reyu (00 COO of the of cenh sho Zl becoP:=7.? ]O 0 J 1 0-f0 ti:)1(-; o?),-7:41 ,2. Lin/7 btf the Chg.
of the Booed Of S?...,,p3P-071301V,is i lob ease ofyoa t hoe o h h. beo.0 a mf.7tter of (sz t, ffa 170st 1001 cc
proved [—]
L i ie 0a tD
RULE I Ii
ON PACE r4,--5-1 OF E
RULE '
TITLE Salaries
-
SECTION TO BE CHANCED[ VIII, C, 1
(Continued)
PRESENT WORDING
(1 )
PROPOSED WORDING
Method of Compensation for Overtime
1: Eligible employees, as described in
- Section B above, shall be compensated
for overtime, as previously described
by payment in salary which shall be -
computed at the rate of one and one-
a I half of the employee's
rate.
a. The time and one-half salary rate
•shall be based on the hourly
equivalent of the employee's annuaj
salary including his Service
Increment and night shift
differential, 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 thosepaid to
Registered Professional
Engineers and Registered Land
Surveyors, which are based on
an annual amount. .
C. Method of Compensation for Overtime
1. Eligible employees, as described in
the Section B above, shall be
compensated for overtime, as
previously described by either:
a. The granting of Compensatory
Time, which may be taken off at
later date, which shall be
• credited at the rate of one and
one-half of the amount of overtime
worked.
or b. Payment in salary which shall be
computed at the rate of one and
one-half of the employee's normal
salary rate:
The time and one-half salary
rate shall be based on the
hourly equivalent of the
employee's annual salary,
including his Service Increment ri,
if any
normal salary
REASON FOR CHANGE
Fair Labor Standards Act of 1938 as amended.
I Change. Submitted by:_ye_rsonnal ....
Board of Auditors: [
Personnel Practices Committee: Approvec
K
Disapproved bv:
Date: 8-1-741
/ Date:
Dat e:
,pproved [7] Disapproved
Introduced to Board of Commis Introduced to Board of Commissioners: Date
Section Iv Subsection A of Merit Syste -D.
Copi.e of 1,-c yoigs colrl ;siotfocr 7e'
ic e aoI
oroi.,-3or ,.--; at; a re (70/1.!, 0 a of tj.:=?
arson ,,:;ucf7.2 000 (0.00 00 1055
of' Board of Suporl)i.7on;,700 7. 00 0770:
b?.;:in, a/. -rhe 00401007;
0000 Iv; SLa
2
-7
aT7es
to -t7-z
0
(pros
LJe 1, Section VEIT, C, I (Cont,)
(2)
Wording continued)
The following salary items are
-cwt to be included in
computation of time and one-
half overtime pay.
(a) Bonuses such as those
paid to Registered Civil
Engineers, which are
based on an annual.
amount
(b) Night shift differentials,
as covered in Section. IX
of this rule.
(Such employees working
overtime such shifts, will
receive time and one-half
of their regular salary and
in addition, shall receive
the hourly night shift
differential for each hour
worked )
2
RULE
NUMBER
RULE
TITLE Salaries
, 4 ,[7-1 SECTION TO BE CHANCED [yin, C, ON PAGE
• Section TV Subsection A of Merit Syste RE7solutiori
of .the. )-Laes and nr-:6,t1.6-íz
a7.7._ future 0770:nges in czncl
"1.00.2'S Ot roan Lea of t -;-e
day oftep moo fdne
?j.7np
th12
tk.=.-: Boa_rd of S7,21)^PZ
bra re-n: at the next Tv,,
-
the Pen
to t
a
PRESENT WORDING
2. The decision as to whether the overtime
shall be compensated for in Compensatory
Time off, or in salary, shall be made by
the employee's department head.
3. All overtime shall be recorded on the
employee's attendance record for the
periods worked, whether compensated for
in time or in salary.
4. •Overtime, once compensated for by the
addition of Compensatory Time to the
..employee's Compensatory Time accumulation
can later 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.
(Continued)
PROPOSED WORDING
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.
Overtime compensated for by the addition
of Compensatory Time to the employee's
Compensatory Time accumulation prior to
May 1, 1974 when the payment of overtime
by compensatory time was prohibited by
the 1974 amendments to the Fair !Labor
Standards Act of 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 remain
in the employee's Compensatory Time
accumulation. (Continued)
REASON FOR CHANGE
Proposed wording self-explanatory.
Change „Submitted by: Personnel
Board of Auditors: [Approved F Disapproved
Personnel Practices Committee. [,..r A„prov.
Introduced to Board of Conlm -!,ssioners: Date:_zh,
by:NL I )
1 - n / Date: 8-1-74
1 Disappro.rd tHite
Kule 2, Section VI EL. C , 2, 4 (CenL.)
(Present Wording continued)
d. if no more Compensatory Time is
compensated for in salary in a
calendar year, than was earned
in that calendar year.
e. If the time so compensated for in
salary is removed from the
employee's Compensatory Time
accumulation.
f. When Compensatory Time for pay-
ment of overtime is entered in
an employee's Compensatory Time
accumulation, it is 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.
d. If the time so ceTer,satc.d for
in salary is rcmod from the
employce!'s Compensatory Time
accumulation.
e. When compensatory Time for
payment of overtime was entered
in an employee's Compensatory
Time accuimclation, it was entered
at the rate of time and one-half
of the actual ovcrtjme worked.
Payment from the Compensatory
Time accumulation, therefore,
must then be made at the straight
time rate.
RULE I 2 RULE
TITLE L Salaries
Chan ge. Submitted by: Personnel
Etard of Auditors: Approved I Disat'..roved
Personnel Practices Colwiittee- r
. )01
Disaprcv'2d bv:
Date: 8-1-74 I
Date:274.4.
Introduced to BOard of Commissionars: Date: P/In‘42 ,1%
i
SECTION TO SE CHANGED - B, 1, d ON PA.C.E r .
PRESENT WORT)INi:—
d. Night shift differential pay shall always
be paid at straight time and shall never
be included in the salary rate which is
used for the computation of time and one-
half pay for the payment of overtime.
(I) Employees in eligible positions who
work overtime on eligible shifts shall
receive night shift differential pay
at straight time and overtime pay
based on one and one-half times their
normal salary, excluding night shift
differential pay.
PROPOSED WORDING
d- Night shift differential pay shall be
included in the salary rate which is
used for the computation of time and .
one-half pay for the payment of overtime.
(1) Employees in eligible positions who
work overtime on eligible shifts . .
shall receive overtime pay based on
one and one-half times their normal
salary, including night shift
differential pay.
REASON FOR CHANGE
Fair Labor Standards Act of 1938 as amended,
Section TV Subsection A ef Mcrit System Resolution
r ti.,=:? icc and 2m,:2 uyc(-7(-;.:= n TZi J., =2 cci . - . (utore ch.a.; in an(.7 tO the
n.) 2.43 t a a_10 rflI 1aqlb eeor:
I o a rtc-tP W:J:! t =27. tin.c..7 ,7:7)
f Hoard or a C.' :2.
e :3:5 a t f t H
SECTION TO BE GIA-ANCR[ III, 1 ON PAGE OF R 4
NONE
Change Submitted by : Personnel
Disapproved Approved
Approved ] Disapproved bv:JO„
- Rate: 8-1-74 I
Date et,V2
Da L : 1'72 2 41
Board of Auditors: [
Personnel Practices Committee: I
r) ;7)
4 6 -n
RULE
NONBER I 13 1 13
RULE
TITLE
ADDED
Leaves of Absence Without Pay
----------
PRESENT WORDING PROPOSED WORDING
(Refer to Merit Sy stem Rule 2, Section VIII,
B, 3 - regarding temporary military leavesand
compensating such leaves for employees not
eligible for overtime under these rules.)
REASON FOR MANGE
Fair Labor Standards Act of 1938 as amended.
Introduced to Board of Commissioners: Date: 2-17 -
Section TV Subsection A of 1,e_r_LL System Resolution
6'ea of tic rvier; and reqzaations deo -1.
all f'7,.t?2re chanties in m".(V1 ri.tZe a./0 :4•.':,::71t
5:1pro -7:oors. at a reguiar m;-,]Linq of -ti-2e 7$
tizir!,? day::- after suc'h meetinq an t os sc-Aj
of EtaPoard of Sverr, In
bm -Ln2L; at t;::e next in?etino of t;:e P3:-Ir.":
I'M to -1.:Tze
.!-7f SBC
canaan 0
fP:\I CZ
PULE
TITLE L1
of Absence With Pay
RULE
NUMBER I
OF 1 2 1 _I ON PAGE
Board of Auditors: Approved Disapproved by: Date:
.)3,..4
I I
Personnel Practices Committea: Approve ,: [
Introduced to Board of Cor=isioners: Date:
Change,..SubmitteG1 byl anej_ D24te: 8-1-74 1 - -
Disapproved hv: Date •
/7
SECTION TO BE CHWED[ I, B, I, a
PRESENT WORDING
I» Only those employees who are subpoenaed
or ordered to appear in Court during
their regular working hours, will be
eligible to use Court Appearance Leave.
Employees who appear in Court as
volunteer witnesses or who appear on thei
own behalf will not be eligible to use
. this type of Leave.
PROPOSED WORDING
Only those employees who are subpoenaed 1
or ordered to appear in Court during 1
their regular working hours or employees
not eligible for overtime (as defined
under Rule 2 - Salaries) who appear in [
Court as volunteer witnesses or who appear:
on their own behalf during their regular
working hours, will be eligible to use
Court Appearance Leave: Employees
eligible for overtime who appear in Court
as volunteer witnesses or who appear on
their own behalf will not be eligible to
use this type of leave,
REASON FOR CHANGE
Section 13(a) of the Fair Labor•Standards Act of 1938 as amended. (Also F 541.118 -
Federal Register, May 7, .1973.)
Section IV Subsction A of Merit Syster:,. Rc_r'solution
(7r: Cho rnlcs w--2(1 Cor77:,:t:tee futu.re chczuger:.; to thc3 at 0. regula-p of of sT:o.11 boon neffec,
HAirtb dr.,5.( after such 5o/.'o L prE:t.inaho the
Kcxt . o: t.:7c
II
RULE i
NUMBER 26 1
RULE
=LEI Legal Holidays Legal
SECTION TO BE CHANCED! VT, At D, 2 ON PAGE! 2 I 01' 4
ALVLIVO. ^.n FO .] D c- ----L ad by - P
Date L8.--J:174_,
Date: I Disapproved by
cRy;aa of
al/ (.gs
aftep
P:(1 of
2 it fhc
tcy
a
c ;3
ri-
r
PRESENT WORDING
A. The following provisions apply only to
those employees elibible for fringe
benefits under Rule 22 and eligible for
overtime under Rule 2, Section VIII, B,
_
PROPOSED WORDING
A, The following provisions apply only to
those employees both eligible for fringe
benefits under,- Rule 22 and eligTbie for
overtime under Rule 2, Section VIII, B.
D, 2. Employees whose normal scheduled day
off falls on the day in question,
because of the assigned shift, and
who do not work the day shall be
granted either:
a. Equal time in Compensatory Time,
or b. An extra day's pay at the
employee's regular rate.
D, 2. Employees whose normal scheduled day
off -falls on the day in question,
because of the assigned shift, and
who do not work the day shall be
granted an extra day's pay at the
employee's regular rate.
REASON FOR CHANGE
Change Submitted by Personnel -
Board of Auditors: [vi Approved
Personnol Practices Committee:
hL r 0 CI 13 CO- d to Board Of CO Tu Ssionfla t e
_
Section IV Subsection A of Doe i System Resolution
RULE
TITLE Legal Holidays
_
NU:'tedtr, 26
3
iITi
SECTION TO BE CHANGED 4 ON PAGE I OF _11
REASON FOR CHANGE
I-- -- - --
.Change__Submitted by:_fersT.onnel
r ' POT) roved st Disapproved by Board of Auditors: 1 I
v
Date: 8-1-74
Dale:
Personnel Practices Comittee.:
r-1 Disapnrovod bv: nate: pro j Disap -orovod bv:
_
. PRESENT WORDING
b. In addition, for the time ac -N.111/_yorked
on the Legal Holiday, the employee shall
be granted either:
(1) Time and one-half in Compensatory
Time,
or (2) Time and one-half in pay.
PROPOSED YORDING
b. In addition, for the time actually workd
on the Legal Holiday, the emnloyee shall
be granted time and one-half in pay.
Introduced to Board of CommJssIoners: Date:_ 474 . .
Section 1V Subsection A of lerit SyF,tem
of thc?
Cofui;cl53e;.:3 in [-;2?(--,T2 010.
at; a Pc370 lar 27Y.:01.1.,-,-;.:.? of tj.::?
c/a;a/7 oi 5O C / - 7 ,- 0
Roo:'eJ of ,5?..LT.-)o.2-'0 ,C7 r'3 0,7
OL o!'
N.
RITF.
26 TITLE
RUTX
N'MRER Legal Holidays
In addition for the timeactually worked _ . _
on_:the_Legal:Holi.day, the empleyee shall
be granted time and ono-half in pay.
Trl 3: 0 Cl C: d t Board of co:pri-i_5; ()liars: Ut :
.....
Section IV Subsection. P. of .1.-:erit. System Rosolnl-lon
of 01,2 1--L:1
za
O7 b
icfge ,1 6711
SECTION TO BE CHANGED VI, D, 4, a & b UN PAGE 1±1
1 OF 4LJ
a.
PRESENT WORDING
a. For the Legal Holiday ., the employee shall
be granted either:
(1) A day and one-half in Compenatory
Time
or (2) A day and one-half in pay.
PRODOSED WORDING
For the Legal Holiday, the employee shall
be granted a day and one-half in pay.
b. In addition, for the time actually worked
on the Legal Holiday, the employee shall
be granted either:
(l) Time and one-half in Compensatory
Time,
or (2) Time and one-half in pay.
b.
REASON FOR CHANGE
Change. Submitted by Personnel__
[----
,I
'i, Board of Auditors: i20 pproved [—] I DisanrovLd - -,-,.
_ Personnel Practices Committe - pv i nplovea I
, 1 .0 1 .a (1 -t, o Pr2p.7-ar lac /a of .tT:=3 Pco_-!'1. of ,c,;.:-,n;,-. .-..Ti s7-2-7_, :-.-_-.:(.23,,.:-.? .,j1:-8(_,.i. if (.4w cfteP sF?gi n:,:,1-31.1.) .021.,"1-; 0.7.;,..; ii: POc!..77'7-1 of t7yi-J Roa:r(1 of S,ve -or, rii: ,-;;;.0;r! L-:.:.::: ;1::_: (,),f.? ::.- :":-_-;OY c ;-:,.:..:P of i K. (.i.-`, Ijie accat r ca (.)!' Na(i U. ca .':'' :.::::,..0.7 ,_-:._. i t