HomeMy WebLinkAboutOrdinances - 1975.02.20 - 8519February 20, 1975
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RESOLUTION O. #6985
RE: ORDINANCE No. 12 - TO ESTABLISH AN UNEMPLOYMENT COMPENSATION SYSTEM
BY: PERSONNEL COMMITTEE
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
MR. CHAIRMAN, LADIES AND GENTLEMEN:
1.E2REAS, the provisions of Act 170 of the Public Acts of
1958, as amended, permit the County to adopt an Ordinance estab-
lishing an Unemployment Compensation 5y3tcm; and
WHEREAS, Act 104 of the Public Acts of 1974, as amended,
reciuires the County to establish an Uncmnloyment Compenzation
System; and
WHEREAS, your Commitee has reviewed and recommends that the
Ordinance attached hereto to establisn an Unemploymont Compensation
System be adopted,
NOV THEREPORE BE IT RESOJ,Vft:D tt,at thu County of Oakland
adopts an Ordinance entitled. 'An Ordinance to Establish An Unemploy-
ment Compensation Sy s tem" to prov1:1.c for unemployment compensatLon
for employees of the County of Oakland.
The Personnel Committee, by Mr. ?aui E. Kasper, Chairman,
moves the adoption of the forezoini,_. res;oal,tion.
12 ORDINANCE NO.
AN ORDINANCE TO ESTABLISN AN UNEMPLOYMENT
COMPENSATION SYSTZM
THE COUNTY OF OAKLAND, STATE OF T,!ICHIGAN, ORDAINS: .
Section 1. Unemployment Compensation System
There is hereby established an unemployment compensation
system and benefit plan for employees of the .County or Oakland to
be administered by the Personnel Committee of the Oakland County
Board of Commissioners. This plan is e,stabliched pursuant to Act
NO. 170 of the Public Acts of 1958, as amended, or the State of
Michigan.
Section 2. Definitions
"Average Weekly Wage" with respect to a base period of em-
ployment, shall be the amount determined by dividing total wages
for credit weeks earned by the numer of such credit weeks charge-
able to the County of Oakland as employer.
"Base Period" means the period of 52 consecutive calendar
weeks ending with the day immediately preceding the first day of
an indivIduali* benefit year.
"Benefit Year" with respect to any individual means the
period of 52 consecutive calendar weeKs beginning with the first
calendar week with respect to wf,ich the individual, who does not
already have a benefit year in o.f7ect, m:?.:5 a claim for benefits
un(1er this Ordinance provided t h at the individual has earned wages
or at least $25.0: in 14 or more calenriar weeks within the Base
Pried. Such week:; are cali "Crodit Weeks".
"Benefits" means. the money paymc:nts payable to an elihle
and qualified individual, as rovided in thic Ordi.nance, with
to unoyent.
"Director of Personnel": All references to Director of .
Personnel herein shall refer to the Director of Personnel of the
County of Oakland.
"Unemployed": An individual shall be deemed unemployed
with respect to any week during which he performs no services and
with respect to which no rembineration is payable to him, or with
respect to any week of less than full-time work if the remuneration
payable to him is less than his weekly benefit rate.
"Waes" means remuneration paid for employment but shall
not Include any employee payment for life or health insurance,
pension, equipment allowance or similar payment.
Section 3. Benefit Rates
Benefit payments shall begin with the effective date of
unemployment and shall be calculated aecording to the following
rules;
a) The weekly benefit rate shall be determined as set forth
in the Michigan Security Act Weekly Benefit Rate Table in effect
at the time an employee is laid off,
b) The family class category of a laid off employee shall be
determined as stipulated and provided by the Michigan Employment
Security Act. A dependent shall be as defined by the Michigan
Employment Security Act.
c) Employees shall be enti.tlod to three (?,) weeks of bene-
fits for each four (4) credit weeks earned working for the County
of Cakland up to a maximum of twenty-six (26) weeks for thirty-five
(35) earned credit wackn, provIdc:d that the claimant. ha :1 worked
the week in which the claimant applied for benefits. The minimum
6 ...iration shall not be less than ten and one-half (IC 1/2) weeks if
th claimant worked fourteen (14) weeks and earned at least $25,01
in (,ach week.
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d) Any chance, in the rate of reEular benefits and their'
duration that would be mandatorv.to meet the requirements for equiv-
alency with the Michican Employmerlt Security Act shall becomn
effective on the same day to eharGe the method of determination of
benefits as provided in this section.
Section 4. Authorization of ?ayment
Payment of unemployment benefits shall be based en a cer-
tification from the Director of Personnel. •Such certification
shall contain all information necessary for payment. A record of
the benefits received by each ind:I..vidual shall be maintained by
the Director of Personnel.
Section 5. nriployees Covered
Except as provided by Secton 6, emp)oyeeo covered by this
nemoloyment Compensation System, shall consist of the employees
in t!:e clasifiud County of 0;,k land as defined
by the Oakland County Merit System Resolution and County employees
assiEned to Community Mental Health, and District Court Probation
Department, and by the Rules and Rer2;u71,tions of the Oakland County
Merit System.
Section 6. EmPloYees and Personri Not CovcJ-ed
Employees not covered by tb!.s unemployment compensation system
shall be
a) Employes r. thr ncio service including but not
:11ted to elected and appointed
b) Persons previdinz ',:ontrazua SOPA/ICC to the County as
f ndc.pndant contr::nm or yn therl:Inf.
c) Employees who are or were at the time of their employment
coari L,y, un baL1L., hIG!.;
•f.,;radnir sz:hool or ay sr;bDol in whch prmapy
a -Itudcnts.
d) Scar,L[, tcm7)(;r, ;Ind cip aycc e (Wined
L ./ Liw
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e) Service performed by an indlvidual where cempensation Is
derived at least 50Z from federal furde received under a specific
federal program for which an application was made and whose ,employ-
ment is terminated due to discontinuance of the federal funding.
f) Service by a student under the age of 18 regularly
attending either a public or private shcool below the college level
and the employment - was part-time or within the vacation period of
the school, or a part of the school curriculum.
Section 7. Eligibility for Benefits
A claimant to be eligible for benefits must be employed,
as defined, and must make a claim for benefits in the manner pre-
scribed by the Director of Personnel and further must:
a) Be able and available to perform full-time work which
he is qualified to perform by past experience or training, and of a
character generally similar to work for which he has earned wages;
and
b) Be in compliance with registration and reporting require-
mcnts; and
c) Be seeking work.
Section 8, Disqualifications
A clamant is disqualified from reueiving benefits if the
Director of Personnel finds teat an Individual is unemployed due
to an ineligible termination or separation as specified in Section
9, has left his work volunearily or nae accepted permanent full-time
worIK with another employer, or has failed without just cause to
kle) for available suitable work or has failed to accept suitable
week when offered, or has failed when directed to return to his
ceeeemary werx.
Sco .z.ion 9. Ineble Termirations and Scnaratioee
An empeoyee shell not be eligiete for benefits undce the
upoyeent - compensation syntee established by this Crir.:Inno, if
the -,Inemployeent chall .esuit from:
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1. Retirement under the Oakland County Employees Retirement
System or any future retirement system coverinz, County employees.
2. Discharge or suspension for misconduct connected with
one's work, for intoxication while at work, for absence due to
imprisonment, or for an act of assualt, theft or sabotage connected
with his work.
3. Resignations, including resignations in lieu of discharge.
4. Leaves of absence for any reason, whether voluntary or
involuntary.
5. 7emporary separations made at the request of the employee.
6. Participation or direct interest In a labor dispute
including any strike, unauthorized work stoppages, or other concerted
aet:,on.
Section 10. Payment of and Restrictions on Benefits
Benefits 5nall be paid weekly at a time and place fixed by
the Personnel Committee. Al]. benefic -lares must report weekly to
the :.".erit System Office on designated days for weekly benefit checks
and determination of continuinL: ejEbility. For continuing eli-
gibility, a beneficiary must be actively seeking work, and must be
Acred with L.. MIchinn flocnry commton. No
beneficiary who shall refuse any reasonable bona fide offer of
c7)loyment shail. receive any 1:uc:, referral.
Sect on L. Rules and Pr_occd7.1;les
Rules and procedures any necessary forms may be
estatlished by the Personnel Co—rittee to administer the Unomploy-
A..mponsatio:i .:.y:;!.,(21i. 21,2 l'or:;ohnel or hi:; :losu,noo
bring suit in the name of the County of Oakland to recovcr any
7neys 2aid upon a fraudulent or untrue application or claim,
3ection 12. Dotermihationr,
2he Director of Personnel or his decigneo shall prom:it1y
a deter7ination after ar appltion for benefl:.ts is filed
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• whether the claimant fki a covered individual eligible and qualified
to draw benefits based upon the available information. The issuance
of each benefit check shall be considered a determination that
the claimant receiving the check was a covered individual eligible
and qualified for benefits. Where a claimant refuses work or fails
to apply for work or in any other way is or becomes disqualified
or ineligible for benefits, the Director of Personnel or his designee
shall promptly make a written determination .of such disqualification
or ineligibility and shall send the claimant notice thereof.
Section 13. Redeterminations
Upon the written request of any claimant within 15 days
following any determination or decision respecting qualification,
eligibility or rate of benefits, the Director of Personnel or his
designee shall promptly review the prior determination and, if neces-
sai"y, may order a nearing thereon. Upon review with or without
hearing, the Director or Personnel or his designee shall issue
a redetermination affirming, modifying or reversing the prior deter-
mination and stating the reasons therefor. Such redetermination
shall be final unless an appeal Is filed as provided in Section
14 :below).
Section 1/4. Appeals
There is hereby established an Unemployment Compensation
Appeal Board, to con s ist of three member appointed by the Chairman
of the Oakland County Board of Commissioners, subject to the ap-
proval of the Board of Commissioners. ln the first instance members
shell be appointed for terms ending 1, 2 and 3 years from January 1,
1975. Thereafter, each member shall he appointed for a term of 3
years ending at midnight December 32. It shall be the duty of the
bcr'..1 to review determinatins and fle:eloions or the Director of
• hnel nemanIntf. to tho (!nernToymnt Comp ,7'nation y5t(m
prsded that a claim of apcea is filed withTh :5 days of such
on or 6,7!rm;nrit.'ion. -.1mr. to flIr! (-1him or 1.
not begin until an employee has been notified in writing of his
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.1;.,ctior: :5. Anneal Bord Ppwc.r and Dutl.ea
The appeal board may on its own motion affirm, modify, set
aside or reverse any decfsion or order an the basis of the evidence
previously submitted in such cc, or direct the taking of
additional evidence, or may permit any of the parties to such decision
or order to initiate further appeals before it. The appeal board
shall promptly notify parties of its findings and decisions and its
reasons therefor bLt may omit the giving of any reasons if the
previous Order, decision or determination is affirmed without any
alteration or modification.
.Jection 16. Procedure, Reports Record of Proceedings on
Appeal, Transcripts of Testimony,
The manner in which apooals to the appeal board shall be
presented, the reports thereon required from the interested party
or parties, and the Procedure governing such appeals shall be in
accordance with rules proscribed by the appeal board. A full and
complete record shall be kept of all proceedings in connection with
an appeal. Staff, space and such clerical service as is needed
shall be provided by the Director of Porsonnel to the appeal board.
Section 17. T]cir.
Whenever the last day of the prirfod to apply for redeter-
:On:it:(Jr, nr to ;.):.4.1 any W.Lormiwit7on OP redorminaL:on,
faiLs on a Saturday, Sunday or legal holiday, such pericd shall run
LLe end of 1.1, ney.1: doy 1:; rffl. R Saturday, Sw,oay or
holiday.
Section Jf'.. Fdnano5
Finaneinu, shall be arcehm, througn the Unemployment
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o:J 1,,T .r ..10-,0 Le.1 —
1.YLya revc:nuo r.nd oxponditcn, pay:112r:,; of unomp]oyment
Ij Oi i.Iei to the Peroonn•l
Conttee annual anpronrctions to be made for this activity, pro-
ve Lha". no appriation:: 4111 bc euired after fund balance of
au been ecourola"..cd in the Unemployment Compensation
Section 19. False Statements
No person shall, with intent to deceive, make any false or
untrue statements or reports. In lieu of criminal action based on
any false or untrue statements or reports, the appeal board may
recommend disciplinary or other action to the controlling depart-
ment, board or commission.
Section 20. Catohline NeadinGs
The catchline headings of the sections of this Ordinance shall
in no way be considered to be a part of the respective sections or
of this Ordinance but are inserted herein for purposes of convenience.
Section 21. Severability
If any section, paragraph, sentence of this Ordinance shall
be held invalid for any cause the same shall not affect any other
section, paragraph or sentence of this Ordinance. •
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March 20, 1975
FISCAL REPORT
BY: FINANCE COMMITTEE - Richard R. Wilcox, Chairman
IN RE: MISC. RES. #6985 - CROINANGE NO. 12 - TO ESTABLISH AN UNEMPLOYMENT
COMPENSATION SYSTEM
TO THE OAKLAND COUNTY BOARD OF COMMISSIONZRS
Mr. Chairman, Ladies and Gentlemen:
Pursuant to Rule XI, C of this Board, your Finance Committee
reports that the necessary funds to establish'an Unemployment Compensation
System for employees of the County of Oakland have been provided in the
1975 Budget.
FINANCE. COMMITTEE
Richard R. Wilcox, Chairman
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