HomeMy WebLinkAboutResolutions - 1984.08.30 - 15731Y APPROVE 1";-!E FOREGOING IZEZOLUTION
71Y y 0810 -1;01..)
p
r .
July 26th, 1984
Miscellaneous Resolution # 84197
BY: PERSONNEL CO>EvIITTEE - John J. McDonald, Chairperson
Mert7. System Rules -
IN RE: SUBMISSION OF CHANGES IN MERIT SYSTEM RULE 10A - PERSONNEL APPEAL BOARD
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Section IV, Subsection A of the Merit System Resolution requires
that all changes in the rules and regulations of the Merit System shall be
submitted to the Board of Commissioners at a regular meeting of the Board and
shall become effective thirty (30) days after such meeting unless objection is
received in writing by the Chairperson of the Board of Commissioners, in which
case the objection shall become a matter of business at the next meeting of the
Board; and
WHEREAS it has become desirable to make certain changes in the wording
of Rule 10A - "Personnel Appeal Board" as spelled out in the attachments to this
resolution including the current and proposed wording; and
WHEREAS your Personnel Committee has reviewed and approved these changes
at its meeting of July 18, 1984.
NOW THEREFORE BE IT RESOLVED that the reading of this notice and the
distribution of this notice and the attached copies of current Rule 10A and
proposed changes in Rule 10A to all commissioners present and absent to be
considered as the official submission to the Board of Commissioners of the
described changes in Rule 10A.
Mr. Chairperson, on behalf of the Personnel Committee, I move the
adoption of the foregoing resolution.
PERSONNEL COMITTEE
RULE
NUMBER
RULE
TITLE 10A PERSONNEL APPEAL BOARD
I Section I ON PACE SECTION TO BE CHANGED 1 OF 5
Oakland County Merit System
1(1 .'
PROPOSED CHANGE IN MERIT, SYSTEM RULE 11
PRESENT WORDING
Set I MEMBERSHIP OF THE PERSONNEL APPEAL
BOARD
The Oakland County Personnel Appeal Board
shall be composed of five members. Two
members shall be elected by the qualified
County employees who are within the merit
system. Two members of the Board of Commis-
sioners shall be appointed to the Personnel
appeal Board by the Chairperson of the Board
of Commissioners, subject to approval by the
Board of Commissioners. The fifth member
shall be selected by the other four members.
PROPOSED WORDING
Section I MEMBERSHIP OF THE PERSONNEL APPEAL
BOARD
The Oakland County Personnel Appeal Board
shall be composed of five members. Two
members shall be elected by the qualified
County employees who are within the merit
system. Two members of the Board of Commis-
sioners shall be appointed to the Personnel
Appeal Board by the Chairperson of the Board
of Commissioners, subject to approval by the
Board of Commissioners. In addition,
Commissioners who are former members of the
Personnel Appeal Board may be appointed by
the Chairperson of the Board of Commissioners
to serve on a temporary basis when a Com-
missioner member is unavailable. The fifth
member shall be selected by the other four
members.
1 REASON FOR CHANGE
i To allow the Personnel Appeal Board to handle its caseload in a timely and efficient
manner when a Commissioner member is temporarily unavailable.
Change Submitted by- Commissioner Nancy McConnell Date: 7/18/84
County Executive: 0 Approved Disapproved by: Date:
Personnel Committee: I Approved [I] Disapproved by: Date:________
Introduced to Board of Commissioners: Date:
Section IV Subsection A of Merit System Resolution
Copies of the rules and regulations developed by the Personnel Committee and all
future changes in such rules and regulations shall be submitted to the Board of
Commissioners at a regular meeting of the Board of Commissioners and shall become
effective thirty days after such meeting unless objection is received in writin• by I
the Chairman of the Board of Commissioners, in which case the objection shall :-,coomt-
a matter of business at the next meeting of the Board of Corrurri.saiorzers.
Rev. 5/13/76
RULE 10A — PERSONNEL APPEAL BOARD
(Reference to Section 1 ,4 X of the Neet System Resoludon)
Section I MEMBERSHIP OF THE PERSONNEL APPEAL BOARD
The Oakland County Personnel Appeal Board shall be composed of five members. Two
members shall be elected by the qualified County employees who are within the merit
system. Two members of the Board of Commissioners shall be appointed to the
Personnel Appeal Board by the Chairperson 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 MEMBERS
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.
Page 1
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.
D. Number of Sipatures 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 or her 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 or she is otherwise fully qualified to fill the office for which the election is
being held.
G. Deadline for ReceivinkNominating 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 _Nominating 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
information 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 nominating petitions shall have been filed.
Rule 10A - 2
3. Certification of Qualified Candidates
The County Clerk Elections Division shall within three (3) business 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 determining the validity thereof. He or she
shall then certify in writing to all qualified candidates, the names of all
candidates so qualified.
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 their 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 qualified candidates in the order they will
appear on the official ballot, the term(s) of office(s) to be filled, and such otlier
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 bailor 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 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 manner by which the candidates shall be
differentiated.
Rule IOA - 3
Q. Distribution of Ballots •
On the last payday preceding the date established for the election, the County
Clerk's Director of Elections, or the division's 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 the
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. Votes 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. Authority of the Election Board
The decision of the Election Board shall be binding and final in the resolving of
any questions of interpretation, clarification, or other matters relative to the
conduct of the elections of Employee Selected Members of the Personnel Appeal
Board.
W. Method of Determining the Winning C-andidates
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.
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 COMMISSIONERS 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 Chairperson 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 membec to the Personnel Appeal Board within fifteen (15) calendar
days.
RULE IOA — AMENDMENTS
Sections III through IX of Rule 10 incorporated into new Rule 10A per the Board of Commissioners
Miscellaneous Resolution No. 7510, April 13, 1976; amendment effective May 13, 1976.
Rule 10A - 5
#8 4 197 August 30, 1984
this 30th day o f August 19 84
ALLEN
County Clerk/Register of Deeds
Mrs. Moffitt stated an objection to the resolution had been received
from Hubert Price, Jr., therefore the resolution was now before the Board for its
consideration.
Discussion followed.
Moved by Price supported by Foley the resolution be amended to state that
from the pool created as a result of the resolution, that members be selected by the
Chair in the order of most recent service.
AYES: McPherson, Perinoff, Pernick, Price, Doyon, Foley. (6)
NAYS: Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McDonald,
Moffitt, Moore, Nelson, Olsen, Page, Rewold, Wilcox, Caddell, Fortino. (17)
A sufficient majority not having voted therefor, the amendment failed.
Moved by Price supported by Perinoff the resolution be amended to state
the Commissioners be appointed by the Chairman of the Board in alphabetical order
on a rotating basis.
AYES: McPherson, Moore, Perinoff, Pernick, Price, Doyon. (6)
NAYS: Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McDonald, Moffitt,
Nelson, Olsen, Page, Rewold, Wilcox, Caddell, Foley, Fortino, Gosling. (17)
A sufficient majority not having voted therefor, the amendment failed.
Moved by Price supported by Doyon the resolution be amended to state
the members shall be selected in a blind draw.
AYES: McPherson, Perinoff, Pernick, Price, Dovon, Foley. (6)
NAYS: Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McDonald, Moffitt, Nelson,
Olsen, Page, Rewold, Wilcox, Caddell, Fortino, Gosling, Hobart. (16)
PASS: Moore. (1)
-A sufficient majority not having voted therefor, the amendment failed.
Moved by Price suppOrted by Fortino the resolution be laid on the table.
AYES: McPherson, Moore, Perinoff, Pernick, Price, Doyon, Foley, Fortino. (8)
NAYS: R. Kuhn, S. Kuhn, Lanni, Law, McDonald, Moffitt, Nelson, Page, Rewold,
Wilcox, Caddell, Gosling, Hobart, Jackson. (14)
A sufficient majority not having voted therefor, the motion failed.
Vote on resolution:
AYES: S. Kuhn, Lanni, Law, McDonald, Moffitt, Nelson, Olsen, Page, Rewold,
Wilcox, Caddell, Gosling, Hobart, Jackson, R. Kuhn. (15)
NAYS: McPherson, Moore, Perinoff, Pernick, Price, Doyon, Foley, Fortino. (8)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNT , V. OAKLAND)
1, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do herebN certify that 1 have compared the annexed copy of
Miscellaneous Resolution #84197 adopted by the Oakland County Board of Commissioners
at their meeting held on August 30, 1984
with the orginial 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