HomeMy WebLinkAboutResolutions - 2004.05.06 - 27590Personnel Committee Vote:
Motion carried on unanimous roll call vote with Coleman and Moss abant.
April 1, 2004
MISCELLANEOUS RESOLUTION 104086
BY: Personnel Committee, Gregory Jamian, Chairperson
IN RE: DEPARTMENT OF HUMAN RESOURCES — CHANGE TO MERIT RULES 2, 6, 7,
12, 13, 16. 22, AND 23
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Merit Rule Book is the County employee handbook that
has not been revised since 1992; and
WHEREAS several Merit Rule changes have been approved during that time period; and
WHEREAS these Rule changes have been forwarded to employees if applicable, it is
desirable to provide employees with a fully revised Merit Rule Book; and
WHEREAS several other Rules need to be updated for consistency with previous Rule
changes, changes to the law, and current County procedures; and
WHEREAS the Merit Rules have been reviewed and it has been determined that changes
are necessary to Rules 2, 6, 7, 12, 13, 16, 22, and 23; and
WHEREAS pursuant to the an earlier reorganization, the Personnel Department was
retitled to the Human Resources Department and all references to the Personnel Department
should be changed to Human Resources Department.
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 an objection is received in writing by the Chairperson of the Board of
Commissioners, in which case objection shall become a matter of business at the next meeting of
the Board.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes that the reading and distribution of this notice and copies of the
proposed changes to Merit Rules 2, 6, 7, 12, 13, 16, 22, and 23, to all Commissioners present and
absent, is considered as the official submission to the Board of Commissioners of the described
changes in Rules 2, 6, 7, 12, 13, 16, 22, and 23.
BE IT FURTHER RESOLVED THAT references in the Merit Rule Book to the Personnel
Department will be changed to the Human Resources Department.
BE IT FURTHER RESOLVED THAT changes to the Merit Rules be cross referenced by
the appropriate Board of Commissioners Resolution number authorizing such change.
Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing
resolution.
PERSONNEL COMMITTEE
PROPOSED CHANGE IN MERIT SYSTEM RULE 2
SALARIES SALARIES
Current Wording Proposed Wording
2.10.2.4 EXCEPTIONAL OVERTIME 2.10.2.4 Delete 1
Exceptional Overtime is defined as 1
specific types of overtime assignments
beyond the control of the employee not
eligible for overtime compensation in
the normal course of their work.
Positions classified as eligible for
"exceptional overtime" are usually
professional in nature and as such are
compensated on the basis of the
function performed rather than the hours
worked. However, when it is necessary
for an employee in this overtime
classification to fulfill responsibilities of
an absent employee or to fill in an area
outside their normal function, and this
exceptional assignment requires the
employee to work more than 8 hours in
one day or 40 hours in a week and the
overtime hours have been approved by
the County overtime control authority,
the employee is entitled to overtime Reason for Change: All compensation. classifications were removed from the
Exceptional Overtime in a previous
Board of Commissioner's resolution
(Misc Res #98226), The rule was not
deleted at that time,
,
: 2.14 METHOD OF PAYMENT — 2.12 Renumber i
I EMPLOYEES
1 2.14.1 Employees are paid bi-weekly (every 2.12.1 Renumber
other Friday).
1 2.14.2 The two week payroll begins on ' 2.12.2 Renumber
Saturday and ends on Friday, fourteen
(14) days later.
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 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 of Commissioners.
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PROPOSED CHANGE IN MERIT SYSTEM RULE 2
SALARIES SALARIES
Current Wording Proposed Wording
2.14.2.2 Because of shift change dates on 2.12.2.2 Renumber
, rotating shifts, it is possible that an
employee may work nine days in one
pay period and eleven days in the
immediately proceeding or succeeding
period.
2.14.2.2.1 In this situation, such employees are 2.12.2.2.1 Renumber
I paid the normal ten day salary for each
pay period. Reason for Change: Previous deletion ,
of Merit Rules 2.12 & 2.13 (Misc Res
#99334)
2.14.3 The portion of the annual salary rate the 2.14.3 Delete
employee is paid each bi-weekly pay
period depends on the normal* number
of working days in the year.
Number of Working
Days in a Year
260
261
262
263
Portion of Annual Rate
Paid Each Bi-Weekly Pay Period
1/26.0
1/26.1 Reason for Change: County
1/26.2 employees have been paid on a bi-
1/26.3 weekly basis since 1994 and number 1 of working days in a year are not a
*Based on a five (5) day week — factor. This rule was not updated
Monday through Friday. when that change was approved.
_
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 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 of Commissioners.
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PROPOSED CHANGE IN MERIT SYSTEM RULE 2
SALARIES SALARIES
Current Wording Proposed Wording
2.15 METHOD OF PAYMENT — 2.13 Renumber
ELECTED AND CERTAIN I
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 Reason for Change: Previous deletion
are paid through the day they receive of Merit Rules 2.12 and 2.13 (Misc Res 1 their bi-weekly pay checks. #99334).
2.16 METHOD OF PAYMENT ON 2.14 Renumber
1 SEPARATION 1 Reason for Change: Previous deletion
(See Rule 9 — "Separations") of Merit Rules 2.12 and 2.13 (Misc Res
#99334).
2.17 METHOD OF PAYMENT FOR THE 2.15 Renumber
LOSS AND GAIN OF TIME DUE TO
CHANGES FROM STANDARD TIME
TO DAYLIGHT SAVINGS TIME
AND RETURN
2.17.1 The shift on duty when the time change 2.15.1 Renumber
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.
2.17.2 The shift on duty when the time change 2.15.2 Renumber
is made from Daylight Savings time Reason for Change: Previous deletion ,
back to Eastern Standard time will be i of Merit Rules 2.12 and 2.13 (Misc Res
paid for the normal eight hour shift, #99334).
even though the actual time of work is
one hour more.
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 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 of Commissioners.
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PROPOSED CHANGE IN MERIT SYSTEM RULE 6
ELIGIBLE LISTS ELIGIBLE LISTS
Current Wording Proposed Wording
6.1.1.3 6.1.1.3 Delete
Candidates retaking continuous
examinations under the provisions of
Rule 5, Section 5.4 shall be ranked by the
higher of the resulting examination Reason for Change: Previously
scores, deleted the provision to allow
applicants to retake an examination,
this section was not included in
original deletion.
6.3.1.3 Failing to pass the Pre-Employment 6. 3.1.3 Failing to pass the Employment
Medical Examination. Medical Examination
Reason for Change: The American's
with Disabilities Act does not provide
for "pre" employment physicals.
6.3.2.4 Documented evidence that the candidate 6.3.2.4 Documented evidence that the
suffers from a condition of such a nature candidate suffers from a condition of
which would render him or her unable such a nature which would render him
to perform the duties of the position in or her unable to perform the essential
the classification of the eligible list, functions of the position in the
classification of the eligible list.
Reason for Change: The American's
with Disabilities Act requires the
ability to perform the essential
functions of a classification, not the
duties.
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 writing by the Chairman of the Board of Commissioners and shall become
effective 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 of Commissioners.
PROPOSED CHANGE IN MERIT SYSTEM RULE 7
PROBATIONARY PERIOD PROBATIONARY PERIOD
Current Wording Proposed Wording
7.3.2 During a probationary period following 7.3.2 During a probationary period following
a promotion, an employee does not have a promotion, an employee does not have
the right to appeal a demotion, to the the right to appeal a Failure to
highest classification in which they have Complete Probationary Period, to the
regular Merit System status, to the highest classification in which they have
Personnel Appeal Board. regular Merit System status, to the
Personnel Appeal Board.
Reason for Change: The term
demotion is inconsistent with the
intent of the probationary period rule.
An employee who does not successfully
complete a probationary period that is
the result of a promotion is not
"demoted."
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 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 of Commissioners. i____
PROPOSED CHANGE IN MERIT SYSTEM RULE 12
RE-EMPLOYMENT AND RECALL TO MERIT RE-EMPLOYMENT AND RECALL TO MERIT
SYSTEM EMPLOYMENT OF FORMER SYSTEM EMPLOYMENT OF FORMER
COUNTY EMPLOYEES COUNTY EMPLOYEES
Current Wording Proposed Wording
12.4.1 Employees eligible for recall shall 12.4.1 Employees eligible for recall shall
automatically be placed on a Recall List automatically be placed on a Recall List
for the department from which they were for the department from which they were
separated. Their names will remain on separated. Their names will remain on
this list for the time specified under this list for the time specified under
Section "12A.1.2" of this Rule or until Section "12.1.2" of this Rule or until the
the employee is re-employed or recalled, employee is re-employed or recalled,
whichever occurs first. whichever occurs first.
Reason for Change: Previously
proposed Merit Rule change not
finalized— do not have rule that includes
the letter "A."
12.4.4 If the position to which the employee is 12.4.4 If the position to which the employee is
being recalled has a maximum salary less being recalled has a maximum salary less
than the maximum salary of the position than the maximum salary of the position
in which they held status when separated in which they held status when separated
under Rule 9.4 the individual may refuse under Rule 9.4 the individual may refuse
the position offered and remain on the the position offered and remain on the
recall list for time limits specified in recall list for time limits specified in
"12A.1.2". However, if the individual "12.1.2". However, if the individual
accepts a position with a lower maximum accepts a position with a lower maximum
salary than the position in which they salary than the position in which they
held status when separated under Rule held status when separated under Rule
9.4, their name shall be removed from the 9.4, their name shall be removed from the
recall list, recall list.
Reason for Change: Previously
proposed Merit Rule change not
finalized — do not have rule that includes
the letter "A."
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 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 of Commissioners.
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PROPOSED CHANGE IN MERIT SYSTEM RULE 12
RE-EMPLOYMENT AND RECALL TO MERIT
SYSTEM EMPLOYMENT OF FORMER
COUNTY EMPLOYEES
Current Wording
Notwithstanding the provisions set forth
above for retirement and other specified
leave and compensation benefits, former
County employees who were separated
under Rule 9, Section 9.4 and rehired
pursuant to Section "12A.3 or 12A.4" of
this Rule shall be eligible for re-
instatement, at the first of the month
following the month of rehire, of those
employee benefits in force at the time of
separation once the waiting period has
been met by the employee's total length
of County service as described in
"12A.5.2."
RE-EMPLOYMENT AND RECALL TO MERIT
SYSTEM EMPLOYMENT OF FORMER
COUNTY EMPLOYEES
Proposed Wording
Notwithstanding the provisions set forth
above for retirement and other specified
leave and compensation benefits, former
County employees who were separated
under Rule 9, . Section 9.4 and rehired
pursuant to Section "12.3 or 12.4" of this
Rule shall be eligible for re-instatement,
at the first of the month following the
month of rehire, of those employee
benefits in force at the time of separation
once the waiting period has been met by
the employee's total length of County
service as described in "12.5.2."
Reason for Change: Previously
proposed Merit Rule change not
finalized— do not have rule that includes
the letter "A."
12.5.4 12.5.4
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 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 of Commissioners.
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PROPOSED CHANGE IN MERIT SYSTEM RULE 13
LEAVE OF ABSENCE WITHOUT PAY
Current Wording
13.1.2 With the exception of covering time off
from work for the 10 days allowed each
year for illness (13312), Running for
County Elected Office (13.3.8) and the
30 calendar days allowed for Family
Leave (see Merit Rule 21), the fact that
a leave is possible does not mean that
the requested leave must be granted. A
Leave of Absence deprives the
employee's department of the services
of an employee, who it is assumed is
needed if the department is to properly
do its job. Leaves of Absence Without
Pay, except in the case of disciplinary
leaves, should be considered as a
privilege and the best interests of the
department and the County service must
be the determining factors when
deciding whether to grant such leaves.
Abuse of the Leave of Absence Without
Pay policy will result in cancellation of
the leave and may result in disciplinary
action up to and including dismissal
from County employment.
LEAVE OF ABSENCE WITHOUT PAY
Proposed Wording
13.1.2 With the exception of covering time off
from work for the 10 days allowed each
year for illness (13.3.1.2), Running for
County Elected Office (13.3.8) and the
12 weeks allowed for Family Leave
(see Merit Rule 21), the fact that a leave
is possible does not mean that the
requested leave must be granted. A
Leave of Absence deprives the
employee's department of the services
of an employee, who it is assumed is
needed if the department is to properly
do its job. Leaves of Absence Without
Pay, except in the case of disciplinary
leaves, should be considered as a
privilege and the best interests of the
department and the County service must
be the determining factors when
deciding whether to grant such leaves.
Abuse of the Leave of Absence Without
Pay policy will result in cancellation of
the leave and may result in disciplinary
action up to and including dismissal
from County employment.
Reason for Change Erroneous length
offamily leave allocation. It should be
12 weeks not 30 days (Misc Res
#94228).
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 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 of Commissioners.
PROPOSED CHANGE IN MERIT SYSTEM RULE 16
EMPLOYMENT SCREENING EMPLOYMENT SCREENING
Current Wording Proposed Wording
16.2.1 All appointees covered by this rule must 16.2.1 All appointees covered by this rule must
take and pass a medical examination take a medical examination
administered by a physician selected administered by a physician selected
and approved by the Human Resources and approved by the Human Resources
Department. Department.
Reason for Change: In accordance
with American's With Disabilities Act
medical exams are taken, there is not
necessarily a pass/fail to this exam.
16.2.3 Examining physicians shall report the 16.2.3 Delete
findings of their medical examinations Reason for Change: No longer the
on forms provided by the Personnel procedure
Department. _ 16.2.4 The medical examination report shall be 16.2.4 Delete
retained by the Personnel Department Reason for Change: No longer the
and shall not be used for any other procedure.
purpose.
16.3 FINGERPRINTING 16.3 Delete
16.3.1 The fingerprints of all appointees 16.3.1 Delete
covered by this rule shall betaken and
sent for review by the Michigan State
Police.
16.3.2 Information gained from these 16.3.2 Delete
fingerprint checks shall be utilized Reason for Change: No longer the
under the appropriate sections of these procedure.
rules.
16.4 EMPLOYMENT AND EDUCATION 16.3 Renumber i
REFERENCES
16.4.1 The employment and education 16.3.1 Renumber
references of all appointees covered by
this rule may be verified in writing by
the Human Resources Department.
16.4.2 Information gained from such reference 16.3.2 Renumber
verification shall be utilized under the Reason for Change: Renumber due to
appropriate sections of these rules. proposed deletion of Rule 16.3.
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 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 of Commissioners.
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• PROPOSED CHANGE IN MERIT, SYSTEM RULE 22
i ELIGIBILITY FOR EMPLOYEE BENEFITS ELIGIBILITY FOR EMPLOYEE BENEFITS
1 Current Wording Proposed Wording
22.2.4 Time spent in non-eligible County 22.2.4 Time spent in non-eligible County
employment cannot later be made employment cannot later be made
eligible time and be credited toward eligible time and be credited toward
employee benefits, except as they employee benefits, except as they
qualify under section 22.3.2.1.4. qualify under section 22.3.2.1.2.
Reason for Change: Section
22.3.2.1.4 was renumbered pursuant
to a previous Merit Rule change
(Misc Res #93247).
22.3.2.1.1.2 Time recognized under section 22.3.2.1.1.2 Time recognized under section
22.3.2.1.4 below, shall also be 22.3.2.1.2 below, shall also be
counted. counted
Reason for Change: Section
22.3.2.1.4. was renumbered pursuant
to a previous Merit Rule change
(Misc Res #93247).
22.3.2.1.4 Service on the County payroll in non- 22.3.2.1.2 Renumber
eligible employment which meets the
following criteria shall be included
when computing the Benefit Date.
I 22.3.2.1.4.1 The service shall be immediately 22.3.2.1.2.1 Renumber
preceding eligible County
employment
, 22.3.2.1.4.2 The transition from non-eligible to 22.3.2.1.2.2 Renumber
eligible employment must have been
made without a break in service.
22.3.2.1.4.3 The entire period of non-eligible 22.3.2.1.2.3 Renumber
employment immediately preceding Reason for Change: Renumber as a
eligible County employment must result of previous Merit Rule change 1
have been full-time in nature as I
(Misc Res #93247). defined below
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 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 of Commissioners.
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PROPOSED CHANGE IN MERIT SYSTEM RULE 23
ANNUAL LEAVE ANNUAL LEAVE
Current Wording Proposed Wording
23.3.1 Annual Leave earned and accumulated 23.3.1 Annual Leave earned and accumulated
by pay periods, according to the by pay periods, according to the
following chart, following chart.
DAYS OF ANNUAL LEAVE DAYS OF ANNUAL LEAVE
EARNED* EARNED*
Per Pay In 12 Months Hours Per Pay In 12 Months
0.383 10 Days 3.07 10 Days
0.459 12 Days 3.69 12 Days
0.574 15 Days 4.61 15 Days
0.689 18 Days 5.53 18 Days
0.766 20 Days 6.15 20 Days
0.842 22 Days 6.76 22 Days
0.919 24 Days 7.38 24 Days
_
Reason for Change: Annual leave
accumulation is reported on
employees' paychecks as number of
hours earned instead of "percent of a
day."
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 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 of Commissioners.
Resolution #04086 April 1, 2004
The Chairperson ordered the resolution be laid over for 30 days until the May 6, 2004 Board meeting.
There were no objections.
Resolution #04086 May 6, 2004
Moved by Jamian supported by KowaII the resolution be adopted.
AYES: Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin,
Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson,
Zack, Bullard, Coleman, Coulter, Crawford. (25)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution was adopted.
1=1=1.
NEMY ANN Tlf FAUN RESOLUTINI
SV7 /0ey
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 6, 2004
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 6th day of May, 2004. /1„aleittLovidtiti."4,7 -
G. William Caddell, County Clerk