HomeMy WebLinkAboutResolutions - 2020.04.13 - 33041MISCELLANEOUS RESOLUTION #20103 April 13, 2020
BY: Commissioner David T. Woodward, Chairperson, Emergency Operations and Oversight Committee
IN RE: HUMAN RESOURCES DEPARTMENT — REVISION TO MERIT RULE 23 FOR ANNUAL LEAVE
BUY BACK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #16311 authorized a once per year buy back of annual leave time to
full-time employees who have a minimum of 60 hours in their annual leave bank; and
WHEREAS Miscellaneous Resolution #16312 adopted the corresponding change to Merit Rule 23; and
WHEREAS employees may cash out a minimum of 20 hours to a maximum of 40 hours annual leave time
in one-hour increments, until a minimum of 40 hours remains in their annual leave bank; and
WHEREAS the annual leave time buy back provides those employees who reach their maximum accrual
allowance and would otherwise lose time an opportunity to cash out some of their annual leave time; and
WHEREAS employees are required to submit a request for annual leave buy back by the end of the second
pay period in July for each calendar year with pay out occurring in the second pay period of August; and
WHEREAS the stay at home orders in response to the COVID-19 pandemic has caused County employees
to cancel planned vacations and time off, and resulted in over 600 employees to become at maximum or
nearing maximum accrual rates and will lose their leave time; and
WHEREAS it is proposed to revise Merit Rule 23 to modify the provisions of Annual Leave Buy Back to
allow the Human Resources Department to administer the program once per calendar year, on a flexible
timeline; and
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 objective 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 is requested that the Oakland County Board of Commissioners suspend Board rules and
waive the thirty (30) day layover on adoption of this Merit Rule change to allow the Human Resources
Department the ability to offer Annual Leave Buy Back to eligible County employees as soon as possible
in order to avoid negative impact on Oakland County employees; and
WHEREAS no additional funding is required as the Annual Leave Buy Back hours will be paid from the
Fringe Benefit Fund; and
WHEREAS the Fringe Benefit Fund is where the accumulated annual leave liability is recorded and is the
funding source for the annual leave cash out payments when employees separate from County services
and for the Annual Leave Buy Back program.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes that
the reading and distribution of this notice and copy of the proposed change to Merit System Rule 23 to all
Commissioners present and absent, is considered as the official submission to the Board of Commissioners
of the described changes in Merit System Rule 23.
BE IT FURTHER RESOLVED to waive the thirty (30) day layover required by the Board Rules to adopt
changes to Merit Rules to allow an immediate adoption of this Merit Rule change.
BE IT FURTHER RESOLVED that a budget amendment is not required.
Chairperson, on behalf of the Emergency Operations and Oversight Committee, I move the adoption of the
foregoing resolution. aj
Commissioner David T. Woodward, District 19
Chairperson, Emergency Operations and
Oversight Committee
EMERGENCY OPERATIONS AND OVERSIGHT COMMITTEE VOTE:
Motion carried on a roll call vote with Gingell and Spisz voting no.
PROPOSED CHANGE IN MERIT SYSTEM RULE
Rule Number 23
Current Wording
23.12.1 Each calendar year in June, the
Human Resources Department will send
notification to all Departments announcing that
full-time employees may cash -out annual leave
time under certain conditions.
23.12.2 Eligible employees will complete a
form with leave time verified and signed by
their supervisor then turned into Payroll by the
end of the second pay period in July.
23.12.3 Pay out of annual leave time will occur
the second pay period in August of each
calendar year.
23.12.4 Eligible employees must have a
minimum of 60 hours in their annual leave bank
at the time of the request and cash out
payment. If the annual leave balance falls
below the 60 hours between the submission of
the request and the time of payment, then the
annual leave request to cash -out will be
denied.
Rule Number 23
Proposed Wordino
23.12.1 Each calendar year in dine March,
the Human Resources Department will send
notification to all Departments announcing the
deadline and paycheck dates that full-time
employees may request cash -out annual leave
time under certain conditions. This date may
change due to extenuating circumstances,
following a letter of notification from the
County Executive to the Board of
Commissioners.
23.12.2 Eligible employees will complete a
form with leave time verified and signed by their
supervisor then turned into Payroll by the end
of the s ..d pay period . ? l specified
deadline.
23.12.3 Pay out of annual leave time will occur
..
the d pay period :n August F M
ealendar—year on the payout schedule
identified in the announcement.
23.12.4 Eligible employees must have a
minimum of 60 hours in their annual leave bank
at the time of the request and cash out
payment. If the annual leave balance falls
below the 60 hours betiAmen the �r ss;a
of •,h^�est-and at the time of payment,
then the annual leave request to cash -out will
be denied.
Section IV Subsection A of Merit System Resolution
Copies of the rules and regulation 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 objective 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.
OAIL.AND
COUNTY MICHIGAN
TO: Board of Commissioners
FROM: April M. Lynch, Deputy County Executive
DATE: April 6, 2020
RE: Merit Rule 23.12 — Annual Leave Buy Back
OAKLAND COUNTY EXECUTIVE DAVID COULTER
April Lynch, Deputy County Executive
(248) 858-1558 • Iynchap@oakgov.com
Under Merit Rule 23, the County has been offering a one-week vacation buy out each year in August.
This allows those who may be at maximum accrual for vacation to "cash out' up to one week. Eligibility
requires that employees have a minimum of 60 hours in their bank to qualify for a cash out request.
Due to the COVID-19 pandemic many employees have had to cancel their vacation as well as many
employees may have their vacations denied due to a workforce impacted by this virus. We are requesting
the date of Merit Rule 23.12 Annual Leave Buy Back be modified of the cash -out to allow for flexibility
each year.
The current Merit Rule states that it is the second pay of August, this year we are requesting to move it
to the last paycheck in April or the first paycheck in May. Rather than putting a specific date in the Merit
Rule we are requesting that the date be open, and the new date will be established each year in March.
Our intention is to keep it the same date most years but adjusting the Merit Rule to reflect a more open-
ended date allows for more flexibility in unique circumstance.
We respectfully request that Merit Rule 23 be modified as written in the attached Miscellaneous
Resolution. We are also requesting in this special circumstance to override the 30 day hold requirement
before a merit rule can be implemented so that the payout for this year can be effective immediately.
2100 Pontiac Lake Road I L. Brooks Patterson Building 41W I Waterford, MI 48328 1 OakGov.com
Draft 04/03/2020
23. ANNUAL LEAVE
23.1 DEFINITION OF ANNUAL LEAVE
REVISED 12/08/16
Annual Leave is absence from work for which the employee is paid just as if he or she
were at work. Annual Leave is earned and accumulated each pay period at a rate dependent on
the length of the employee's County service. When Annual Leave is used, and the amount of
Annual Leave that is taken at one time, are at the discretion of the employee's Department Head
within the limitations of the employee's accumulation, of necessity, the welfare and convenience
of the County and the continuation of the services the department renders must be the foremost
consideration in allowing Annual Leave. An Annual vacation is the most common use of Annual
Leave, although it also may be used for other purposes such as personal business and to cover a
period of illness after Sick Leave Reserve or Personal Leave have run out.
23.2 ELIGIBILITY FOR ANNUAL LEAVE
23.2.1 See Rule 22 "Eligibility for Employee Benefits."
23.2.2 All employees eligible for Annual Leave shall begin their accumulation from the
first day of eligible County employment.
23.3 RATE OF ACCUMULATION OF ANNUAL LEAVE AND
MAXIMUM ACCUMULATION
23.3.1 Annual Leave shall be earned and accumulated by pay periods, according to the
following chart.
LENGTH OF ELIGIBLECOUNTY DAYS OF ANNUAL LEAVE MAXIMUM" ACCUMULATION
SERVICE (SEE RULE 22) EARNED* HOURS/DAYS
From
Throuqh
Hours Per Pay
In 12 Months I
Elig, Orr
N/Eliq. O/T
0
1 Year
3.07
10 Days I
N/A
N/A
2 Yrs
4 Years
1 3.69
12 Days
144/18.0
288/36.0
5 Yrs
9 Years
1 4.61
15 Days
180/22.5
360/45.0
10 Yrs
14 Years
1 5.53
18 Days
216/27.0
432/54.0
15 Yrs
19 Years
1 6.15
20 Days
240/30.0
480/60.0
20 Yrs
24 Years
6.76
22 Days 1
264/33.0
528/66.0
25 Yrs
Remainder of
7.38
24 Days
288/36.0
576/72.0
County Service
*While the amounts earned per pay period do not appear to add up exactly to the
amounts earned in a twelve month period, the computer which does the accumulating
automatically corrects for this, once a year. See also Section 23.2.2 of this rule.
"The maximum accumulation for employees eligible for Overtime is based on one and
one-half year's worth of Annual Leave earnings. The maximum accumulation for employees not
eligible for overtime is based on 3 years worth of Annual Leave earnings. When the maximum
accumulation of Annual Leave is reached, additional time spent in County service, while an
employee's Annual Leave accumulation is at the maximum, will not earn annual leave, either for
immediate or future use when the employee's accumulation is below the maximum.
23-1
Draft 04/03/2020
23.4 USE OF ANNUAL LEAVE
REVISED 12/08/16
23.4.1 Annual Leave may be used only with the permission of an employee's
department head. This provision shall apply to all other sections of this plan.
23.4.2 Annual Leave may be used at any time after it is earned, subject to item 23.4.1
above.
23.4.3 Annual Leave may not be used before it is earned.
23.4.4 Annual Leave may be used in any combination of days, subject to item 23.4.1
above.
23.4.5 Employees not eligible for overtime for whom Annual Leave has been placed in
an Annual Leave Reserve Bank may draw from their reserve subject to item 23.4.1
above.
NOTE: At the time the maximum accumulation was applied to "non -overtime"
employees, all banked Annual Leave days in excess of two times the annual earnings
rate was placed in the Annual Leave Reserve. This allowed all "non -overtime"
employees one more year to accumulate Annual Leave and schedule vacations before
reaching the accumulation maximum.
23.5 EFFECT OF PERSONAL LEAVE AND SICK LEAVE
RESERVE ON ANNUAL LEAVE
23.5.1 Employees utilizing Personal Leave or Sick Leave from their Sick Leave
Reserve Bank shall continue to accumulate Annual Leave just as if they were on the job.
23.5.2 If an employee has reason to draw from his or her Sick Leave Reserve Bank
during a period of Annual Leave usage and if such Sick Leave Reserve is used to cover
an illness of the employee and this usage is documented by a physician's written
statement to the department head's satisfaction, such time may be deducted from the
employee's Sick Leave Reserve instead of from his or her Annual Leave Accumulation.
23.6 EFFECT OF SHORT TERM AND LONG TERM
DISABILITY INCOME INSURANCE ON ANNUAL LEAVE
23.6.1 Employees receiving Short Term Disability Income Insurance payments shall
continue to accumulate Annual Leave just as if they were on the job.
23.6.2 Employees receiving Long Term Disability Income Insurance payments who
remain on the roll as a County employee shall not accumulate Annual Leave.
23.7 EFFECT OF DEATH LEAVE ON ANNUAL LEAVE
23.7.1 If an employee has reason to use Death Leave during a period of Annual Leave
usage, and such Death Leave is documented to the department head's satisfaction, such
time may be considered as Death Leave instead of deducted from the employee's Annual
Leave accumulation. (See also, Rule 25, "Death Leave")
23-2
Draft 04/03/2020
REVISED 12/08/16
23.12.4 Eligible employees must have a minimum of 60 hours in their annual leave
bank at the time of the cash out payment. If the annual leave balance falls below the 60
hours at the time of payment, then the annual leave request to cash -out will be denied.
23.12.5 Employees will not be allowed to cash out annual leave to less than 40 hours
balance in their annual leave bank.
23.12.6 A request for a minimum of 20 hours is required to cash out annual leave.
Annual leave time will be cashed out in one hour increments up to a maximum of 40
hours.
23.12.7 Annual leave time cashed out is subject to all payroll income tax withholding
requirements as well as any garnishment, wage assignment, levy, income withholding
order requirements, employee benefit contributions and/or arrearages.
23.12.$ Annual leave cash out shall not be included in the final average compensation
(FAC) for employees on the defined benefit plan and no additional contributions will be
made to an employee's defined contribution plan by the County or the employee as a
result of the payment.
23-4
Resolution #20103 April 13, 2020
Moved by Gersehnson seconded by Quarles the resolution be adopted.
Discussion followed.
Vote on resolution:
AYES: Luebs, Markham, McGillivray, Miller, Nelson, Powell, Quarles, Weipert, Woodward, Zack,
Gershenson, Jackson. (12)
NAYS: Kochenderfer, Kowall, Kuhn, Long, Middleton, Spisz, Taub, Gingell, Hoffman. (9)
A sufficient majority having voted in favor, the resolution was adopted.
",'. Q L'
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
F,CTING PURSUANTTO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 April 13, 2020,
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 Circuit Court at Pontiac,
Michigan this 131h day of April, 2020
Lisa Brown, Oakland County