Loading...
HomeMy WebLinkAboutResolutions - 2023.03.23 - 38083 AGENDA ITEM: Adopting Juneteenth (June 19th) as an Official Oakland County Government Holiday DEPARTMENT: Executive's Office MEETING: Board of Commissioners DATE: Thursday, March 23, 2023 9:30 AM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2023-2687 _ 23-53 Motion to adopt the attached suggested resolution. ITEM CATEGORY SPONSORED BY Resolution Gary McGillivray INTRODUCTION AND BACKGROUND According to the National Registry, Juneteenth, June 19th, is the oldest nationally celebrated commemoration of the ending of slavery in the United States. Over the years, support and celebration of Juneteenth has grown and declined across the nation. On June 1, 2022, the Michigan Supreme Court issued an order that June 19th become a recognized Court holiday, requiring all courts in the State of Michigan to close in observance of the holiday. The Oakland County Board of Commissioners adopted MR #22209 to recognize June 19, 2022, as a County holiday for 2022 to temporarily address the Supreme Court order. The Oakland County Executive recognizes the significance of Juneteenth and supports Juneteenth as a monumental date in the history of our nation, and therefore proposes to adopt Juneteenth as an official County Holiday. BUDGET AMENDMENT REQUIRED: No Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional information. CONTACT Harry Weaver, Chief Diversity, Equity & Inclusion Officer ITEM REVIEW TRACKING Gary McGillivray, Board of Commissioners Created/Initiated - 3/24/2023 David Woodward, Board of Commissioners Approved - 3/24/2023 David Coulter, Executive's Office Approved - 3/24/2023 Lisa Brown, Clerk/Register of Deeds Final Approval - 3/27/2023 AGENDA DEADLINE: 03/23/2023 9:30 AM ATTACHMENTS 1. Merit Rule 26-update 2023-Juneteenth.PROPOSED 2. Merit Rule 26-update 2023 Juneteenth.CLEAN COMMITTEE TRACKING 2023-03-14 Legislative Affairs and Government Operations - Recommend to Board 2023-03-23 Full Board - Adopt Motioned by: Commissioner Michael Gingell Seconded by: Commissioner Janet Jackson Yes: David Woodward, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Janet Jackson, Yolanda Smith Charles, Charles Cavell, Brendan Johnson (14) No: None (0) Abstain: None (0) Absent: William Miller III, Michael Spisz, Gary McGillivray, Ajay Raman (4) Passed March 23, 2023 RESOLUTION #2023-2687 _ 23-53 Sponsored By: Gary McGillivray Executive's Office - Adopting Juneteenth (June 19th) as an Official Oakland County Government Holiday Chair and Members of the Board: WHEREAS the Oakland County Board of Commissioners and County Executive recognize the significance of Juneteenth and supports Juneteenth as a monumental date in the history of our nation; and WHEREAS Oakland County proposes to authorize Juneteenth as a holiday for all County employees and promotes County employees to support and celebrate Juneteenth, and to accordingly amend Merit Rule # 26; and WHEREAS the County budgets for full employment of all authorized positions, whereby, there would be no change to the individual position budgeting process; and WHEREAS 24 hours, seven (7) days per week operations will incur additional overtime as a result of the proposed Juneteenth Day holiday, estimated at $370,000 which includes estimated salaries of $273,000 and estimated related fringe benefits of $97,000; and WHEREAS the estimated impact by fund type is $322,000 for General Fund/General Purpose funds, $40,000 for Proprietary funds and $8,000 for Special Revenue funds; and WHEREAS there is an amount in the non-departmental General Fund Overtime Reserve line item that can be used in the future if needed. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the closing of all applicable Oakland County Government facilities and operations on June 19th each year to allow represented and non-represented County employees to have the day off with pay, in order to provide Oakland County employees the opportunity to support and celebrate Juneteenth. BE IT FURTHER RESOLVED to amend Merit Rule # 26 as proposed in the attached Schedule B. BE IT FURTHER RESOLVED that no budget amendment is required at this time. Chair, the following Commissioners are sponsoring the foregoing Resolution: Gary McGillivray. Date: March 24, 2023 David Woodward, Commissioner Date: March 24, 2023 David Coulter, Oakland County Executive Date: March 27, 2023 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2023-03-14 Legislative Affairs and Government Operations - Recommend to Board 2023-03-23 Full Board - Adopt Motioned by Commissioner Michael Gingell seconded by Commissioner Janet Jackson to adopt the attached Resolution: Adopting Juneteenth (June 19th) as an Official Oakland County Government Holiday. Yes: David Woodward, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Janet Jackson, Yolanda Smith Charles, Charles Cavell, Brendan Johnson (14) No: None (0) Abstain: None (0) Absent: William Miller III, Michael Spisz, Gary McGillivray, Ajay Raman (4) Passed ATTACHMENTS 1. Merit Rule 26-update 2023-Juneteenth.PROPOSED 2. Merit Rule 26-update 2023 Juneteenth.CLEAN 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 March 23, 2023, 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 on Thursday, March 23, 2023. Lisa Brown, Oakland County Clerk / Register of Deeds SCHEDULE B REVISED 02/24/23 26-1 26. LEGAL HOLIDAYS 26.1 DEFINITION 26.1.1 The following holidays are recognized as holidays by the County of Oakland. New Year's Day - January 1 Martin Luther King's Day - The third Monday in January President's Day - The third Monday in February Memorial Day - The last Monday in May Juneteenth - June 19 Independence Day - July 4 Labor Day - The first Monday in September Election Day - The Tuesday following the first Monday in November in even years, this includes national, state and local government representatives at all levels up to the governor and president. Veterans' Day - November 11 Thanksgiving Day - The fourth Thursday in November Friday after Thanksgiving Christmas Eve Day - December 24 Christmas Day - December 25 New Year's Eve Day - December 31 26.1.2 In addition to the above holidays, County employees will receive effective the first pay period following their hire date one "Floating Holiday" equivalent to one 8 hour work day, each calendar year. When using the Floating Holiday, employees shall be granted the day off and shall be paid at their regular rate for the day, just as if they had worked. There shall be no holiday premium pay for this day. The employee's department head shall be responsible for considering the best interest of the department and County service when approving use of the Floating Holiday. The remaining Section of this rule shall not apply to the Floating Holiday provision. 26.2 HOLIDAYS FALLING ON SUNDAY 26.2.1 Whenever New Year's Day, Juneteenth, Independence Day, Veterans' Day, or Christmas Day falls on Sunday, the following Monday shall be a Holiday. 26.2.2 Whenever Christmas Eve or New Year’s Eve falls on Sunday, the preceding Friday shall be a holiday. 26.3 HOLIDAYS FALLING ON SATURDAY 26.3.1 Whenever Juneteenth, Independence Day, Veterans' Day, Christmas Eve Day or New Year’s Eve Day falls on Saturday, the preceding Friday shall be a Holiday. 26.3.2 Whenever Christmas Day or New Year’s Day falls on Saturday, the following Monday shall be a Holiday. SCHEDULE B REVISED 02/24/23 26-2 26.4 HOLIDAYS OFFICIALLY CELEBRATED ON MONDAY 26.4.1 Whenever one of the designated Holidays is celebrated on Monday, in compliance with Act 12 of the Public Acts of 1969, that Monday shall be considered as the Official Holiday for the purpose of these regulations. 26.5 EFFECT OF LEGAL HOLIDAYS 26.5.1 All County departments and institutions shall be closed on these designated Holidays except those departments and institutions which must stay open to provide continuous round-the-clock service. 26.5.2 County employees eligible for employee benefits under Rule 22 shall be granted time off with pay except as otherwise indicated in the provisions of this rule. 26.5.3 In those County departments and institutions which provide 24 hour, 7 days a week service, those employees on seven-day scheduling shall be designated eligible for holiday compensation on the actual holiday rather than the County celebrated holiday. 26.5.3.1 In those instances when New Year's Eve Day, New Year's Day, Juneteenth, Independence Day, Veteran's Day, Christmas Eve Day, or Christmas Day falls on Saturday or Sunday these designated employees shall be compensated for the actual day on which the holiday falls. (Section 26.2 and Section 26.3 of this Rule shall not affect these designated employees.) 26.5.3.2 Under no circumstances shall an employee be eligible to receive holiday pay for both the County celebrated holiday and the actual holiday when the two do not coincide. 26.5.3.3 This shall apply to employees in positions assigned to work stations providing weekend service and excluding employees normally assigned to a Monday through Friday work schedule. 26.6 METHODS OF COMPENSATION FOR LEGAL HOLIDAYS 26.6.1 The following provisions apply only to those employees both eligible for employee benefits under Rule 22 and eligible for overtime under Rule 2, Section 2.10.2. 26.6.2 Eligible, but less-than-full-time employees shall be compensated for Legal Holidays in the same manner as full-time employees, except: 26.6.2.1 The compensation for those who actually worked the Holiday in question but who worked less than a full shift, shall be based on the hours actually worked. 26.6.2.2 The compensation for those who did not work the Holiday in question shall be based on their pro-ration for employee benefits of the previous pay period. (The ratio between the hours actually worked in the previous pay period and a full eighty hour pay period.) SCHEDULE B REVISED 02/24/23 26-3 26.6.3 Situations 26.6.3.1 Employees normally scheduled to work on the day in question, but who do not because they have been granted the day off with pay because it is a Legal Holiday: 26.6.3.1.1 Shall be paid at their regular rate for the day, just as if they had worked. 26.6.3.2 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. 26.6.3.3 Employees normally scheduled to work the day in question, but who would get it off with pay because it is a Legal Holiday, but who are assigned to work the day in spite of it being a Legal Holiday: 26.6.3.3.1 For the Legal Holiday the employee shall be granted: •A day's pay at the employee's regular rate. 26.6.3.3.2 In addition, for the time actually worked on the Legal Holiday, the employee shall be granted time and one-half in pay. 26.6.3.4 Employees whose normal day off falls on the day in question because of the assigned shift, but who are assigned to and work the day in spite of it being a normal day off and Legal Holiday: 26.6.3.4.1 For the Legal Holiday, the employee shall be granted a day and one half in pay. 26.6.3.4.2 In addition, for the time actually worked on the Legal Holiday, the employee shall be granted time and one-half in pay. 26.7 EFFECTS OF LEGAL HOLIDAYS ON OTHER EMPLOYEE BENEFITS 26.7.1 Effect of Legal Holidays on Sick Leave Reserve 26.7.1.1 Legal Holidays falling within a period when an employee is on Sick Leave Reserve shall be counted as the Legal Holiday off and shall not be deducted from the employee's Sick Leave Reserve accumulation. 26.7.2 Effect of Legal Holidays on Annual Leave 26.7.2.1 Legal Holidays falling within a period when an employee is on Annual Leave, shall be counted as the Legal Holiday off and shall not be deducted from the employee's Annual Leave Accumulation. 26.7.3 Effect of Legal Holidays on Personal Leave 26.7.3.1 Legal Holidays falling within a period when an employee is on Personal Leave shall be counted as the Legal Holiday off and shall not be deducted from the employee's Personal Leave accumulation. SCHEDULE B REVISED 02/24/23 26-4 26.7.4 Effect of Legal Holidays on Leave of Absence 26.7.4.1 Employees on Leave of Absence Without Pay shall not receive Legal Holidays off with pay and shall not accumulate equivalent time off with pay for such Legal Holidays. An employee shall not receive pay for the Legal Holiday if they are on Leave of Absence Without Pay the day before the Legal Holiday and/or the day after the Legal Holiday. REVISED 02/24/23 26-1 26. LEGAL HOLIDAYS 26.1 DEFINITION 26.1.1 The following holidays are recognized as holidays by the County of Oakland. New Year's Day - January 1 Martin Luther King's Day - The third Monday in January President's Day - The third Monday in February Memorial Day - The last Monday in May Juneteenth - June 19 Independence Day - July 4 Labor Day - The first Monday in September Election Day - The Tuesday following the first Monday in November in even years, this includes national, state and local government representatives at all levels up to the governor and president. Veterans' Day - November 11 Thanksgiving Day - The fourth Thursday in November Friday after Thanksgiving Christmas Eve Day - December 24 Christmas Day - December 25 New Year's Eve Day - December 31 26.1.2 In addition to the above holidays, County employees will receive effective the first pay period following their hire date one "Floating Holiday" equivalent to one 8 hour work day, each calendar year. When using the Floating Holiday, employees shall be granted the day off and shall be paid at their regular rate for the day, just as if they had worked. There shall be no holiday premium pay for this day. The employee's department head shall be responsible for considering the best interest of the department and County service when approving use of the Floating Holiday. The remaining Section of this rule shall not apply to the Floating Holiday provision. 26.2 HOLIDAYS FALLING ON SUNDAY 26.2.1 Whenever New Year's Day, Juneteenth, Independence Day, Veterans' Day, or Christmas Day falls on Sunday, the following Monday shall be a Holiday. 26.2.2 Whenever Christmas Eve or New Year’s Eve falls on Sunday, the preceding Friday shall be a holiday. 26.3 HOLIDAYS FALLING ON SATURDAY 26.3.1 Whenever Juneteenth, Independence Day, Veterans' Day, Christmas Eve Day or New Year’s Eve Day falls on Saturday, the preceding Friday shall be a Holiday. 26.3.2 Whenever Christmas Day or New Year’s Day falls on Saturday, the following Monday shall be a Holiday. REVISED 02/24/23 26-2 26.4 HOLIDAYS OFFICIALLY CELEBRATED ON MONDAY 26.4.1 Whenever one of the designated Holidays is celebrated on Monday, in compliance with Act 12 of the Public Acts of 1969, that Monday shall be considered as the Official Holiday for the purpose of these regulations. 26.5 EFFECT OF LEGAL HOLIDAYS 26.5.1 All County departments and institutions shall be closed on these designated Holidays except those departments and institutions which must stay open to provide continuous round-the-clock service. 26.5.2 County employees eligible for employee benefits under Rule 22 shall be granted time off with pay except as otherwise indicated in the provisions of this rule. 26.5.3 In those County departments and institutions which provide 24 hour, 7 days a week service, those employees on seven-day scheduling shall be designated eligible for holiday compensation on the actual holiday rather than the County celebrated holiday. 26.5.3.1 In those instances when New Year's Eve Day, New Year's Day, Juneteenth, Independence Day, Veteran's Day, Christmas Eve Day, or Christmas Day falls on Saturday or Sunday these designated employees shall be compensated for the actual day on which the holiday falls. (Section 26.2 and Section 26.3 of this Rule shall not affect these designated employees.) 26.5.3.2 Under no circumstances shall an employee be eligible to receive holiday pay for both the County celebrated holiday and the actual holiday when the two do not coincide. 26.5.3.3 This shall apply to employees in positions assigned to work stations providing weekend service and excluding employees normally assigned to a Monday through Friday work schedule. 26.6 METHODS OF COMPENSATION FOR LEGAL HOLIDAYS 26.6.1 The following provisions apply only to those employees both eligible for employee benefits under Rule 22 and eligible for overtime under Rule 2, Section 2.10.2. 26.6.2 Eligible, but less-than-full-time employees shall be compensated for Legal Holidays in the same manner as full-time employees, except: 26.6.2.1 The compensation for those who actually worked the Holiday in question but who worked less than a full shift, shall be based on the hours actually worked. 26.6.2.2 The compensation for those who did not work the Holiday in question shall be based on their pro-ration for employee benefits of the previous pay period. (The ratio between the hours actually worked in the previous pay period and a full eighty hour pay period.) REVISED 02/24/23 26-3 26.6.3 Situations 26.6.3.1 Employees normally scheduled to work on the day in question, but who do not because they have been granted the day off with pay because it is a Legal Holiday: 26.6.3.1.1 Shall be paid at their regular rate for the day, just as if they had worked. 26.6.3.2 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. 26.6.3.3 Employees normally scheduled to work the day in question, but who would get it off with pay because it is a Legal Holiday, but who are assigned to work the day in spite of it being a Legal Holiday: 26.6.3.3.1 For the Legal Holiday the employee shall be granted: •A day's pay at the employee's regular rate. 26.6.3.3.2 In addition, for the time actually worked on the Legal Holiday, the employee shall be granted time and one-half in pay. 26.6.3.4 Employees whose normal day off falls on the day in question because of the assigned shift, but who are assigned to and work the day in spite of it being a normal day off and Legal Holiday: 26.6.3.4.1 For the Legal Holiday, the employee shall be granted a day and one half in pay. 26.6.3.4.2 In addition, for the time actually worked on the Legal Holiday, the employee shall be granted time and one-half in pay. 26.7 EFFECTS OF LEGAL HOLIDAYS ON OTHER EMPLOYEE BENEFITS 26.7.1 Effect of Legal Holidays on Sick Leave Reserve 26.7.1.1 Legal Holidays falling within a period when an employee is on Sick Leave Reserve shall be counted as the Legal Holiday off and shall not be deducted from the employee's Sick Leave Reserve accumulation. 26.7.2 Effect of Legal Holidays on Annual Leave 26.7.2.1 Legal Holidays falling within a period when an employee is on Annual Leave, shall be counted as the Legal Holiday off and shall not be deducted from the employee's Annual Leave Accumulation. 26.7.3 Effect of Legal Holidays on Personal Leave 26.7.3.1 Legal Holidays falling within a period when an employee is on Personal Leave shall be counted as the Legal Holiday off and shall not be deducted from the employee's Personal Leave accumulation. REVISED 02/24/23 26-4 26.7.4 Effect of Legal Holidays on Leave of Absence 26.7.4.1 Employees on Leave of Absence Without Pay shall not receive Legal Holidays off with pay and shall not accumulate equivalent time off with pay for such Legal Holidays. An employee shall not receive pay for the Legal Holiday if they are on Leave of Absence Without Pay the day before the Legal Holiday and/or the day after the Legal Holiday.