HomeMy WebLinkAboutResolutions - 2008.06.12 - 9518June 12.2008
MISCELLANEOUS RESOLUTION #08119
By: Personnel Committee, Thomas Middleton Chairperson
IN RE: MERIT SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentletnen:
WIIEREAS Article XI, Section 6 of the Constitution of the State of Michigan provides
that a Michigan County may establish, modify or discontinue a merit system for its employees by
ordinance or resolution of its governing body, which shall not take effect until approved by a
majority of the electors voting thereon, and
WHEREAS the Board of Supervisors established a merit system for the County's
employees on a trial basis with the adoption of Miscellaneous Resolution #4551 on April 12,
1966, and
WHEREAS on September 19, 1966, Resolution 44606 was adopted and provided a very
workable basis for a merit system, and
WHEREAS the County wishes to utilize the benefits of a merit system in the recruitment
and retention of quality employees, in the assurance of continuity of good governmental
administration and in the assurance that the selection, pay and treatment on employees is based
on merit: and
WHEREAS the County employee population has increased from 1,045 full time eligible
employees (in 1966) to approximately 3,700 full time eligible employees today: and
WHEREAS over the last 42 years Oakland County government has experienced a
considerable amount of changes which include moving from a Board of Supervisors form of
government to a County Executive. updates and changes in employment laws, and advancements
in technology; and
WHEREAS the changes in employee population and other legal and technological
advancements as described above has made it necessary to modify the Merit System Resolution;
and
WHEREAS the following modifications in this resolution are indicated by strikeout and
bold print; and
NOW THEREFORE BE IT RESOLVED that these modifications to the Merit System
covering the Employees of the County of Oakland be established and made effective when
approved by a majority of the electors of the County.
BE IT FURTHER RESOLVED that the Board of Commissioners recommends that the
proposed changes be placed on the November 2008 election ballot,
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BE IT FURTHER RESOLVED that the County Clerk is directed to do all things
necessary for the placing of this qucs;ion on the ballot as required by law.
I. The selection, pay, advancement and treatment of County employees shall be based
solely on merit without reference to their political affiliation, religious beliefs, racial
origin or sex in accordance with Federal and State Laws.
H. This resolution applies in its entirety to all employees paid by the County of
Oakland, except:
A. The employees of the Oakland County Road Commission: and
B. No provisions covering the manner of selection, appointment, removal from
office or limitation of political activity shall apply to:
1. Officers elected by popular vote, and persons appointed to fill vacancies
in such offices.,
2. Officers and employees for whom the Constitution specifically directs
the manner of appointment.
3. Members of Boards and Commissions, officers and employees
specifically required by law to be appointees of the Board of
Commissioners, the Governor or other non-county officials or official
bodies.
4. One deputy or assistant to each of the elective offices, who in case of a
vacancy in the elective office or inability of such elective officer to
perform their duties, would be entitled to perform the duties of the
office, until a vacancy is filled or the inability removed.
5. The attorneys and investigators employed by the Prosecuting Attorney's
Office.
6. The Judicial Secretaries to the Circuit Court and Probate Judges.
7. Those serving in temporary or part-time County positions.
The Personnel Committee shall have final determination as to who shall be covered
within the intent of this resolution.
III. The Merit System shall he administered by a Personnel Committee or its successor
committee pursuant to any future reorganization of the Board of Commissioners,
made up of members of the Board of Commissioners, to be appointed pursuant to
the rules of the Board of Commissioners. The Personnel Committee shall meet at
such times and places as its Chairperson shall designate in accordance with the rules
of the Board of Commissioners.
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IV. The duties and responsibilities of the Personnel Committee shall be as set forth
in the rules of the Board of Commissioners and in addition shall include the
preparation and enforcement of specific rules and regulations to carry out the
provisions and intent of this resolution and recommending to the Board of
Commissioners on the provisions of all employee fringe benefit programs.
A. 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 Chairperson of the Board of Commissioners, in
which case the obiection shall become a matter of business at the next meeting
of the Board of Commissioners.
V. The policies, rules and programs of the Personnel Committee shall be administered by
the County Executive. whose Director of Human Resources shall be the Executive
Secretary to the Personnel Committee.
VI. The Merit System shall provide:
A. The continued maintenance of a formal classification plan and salary schedule
with the Personnei Committee being the final County appeal body on
classification matters.
B. That all County positions shall be filled by the selection of all County
employees on the basis of merit as measured by competitive examinations
under rules and renlations promulgated by the Personnel Committee. except:
1. Those positions specifically exempted by the provisions of these policies.
and
2. Incumbent County employees shall not be required to take competitive
examinations for the classifications they hold as of the effective date of this
resolution and shall he given regular status in such classifications, and
3. Positions may also be filled by the transfer. promotions or re -employment of
an employee with regular status in County service provided the employee
meets at least the minimum qualifications shown in the latest written
specifications of the classification of the new positions, and
a. While not compulsory, department heads having a vacancy to be filled
by promotion may request that a promotional examination be held, in
which case the department head shall be required to make a selection
for promotion, to each vacancy in that classification, from the top five
inclusive of tied scores or top band/group if banding/grouping of
scores is used. who passed the examination.
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4. [fit is necessary to fill a position before a competitive examination can be
held, a person who meets the minimum qualifications for the classification
can receive one non-renewable provisional appointment for a period of not
more than six months.
C. That open competitive examinations shall he open to all persons who meet the
minimum qualifications for the classification as defined in the latest approved
written specification.
1. Applications to take an open competitive examination may be rejected if the
applicant fails to meet the minimum qualifications for the classification; if the
application was not received, postmarked or electronically submitted with
confirmation by the announced closing date for filing applications; if the
applicant has a documented record of previous unsatisfactory service in County
employment or elsewhere, of such nature as to demonstrate unsuitability for
employment in a position of the classification for which the applicant is
applying; or if the applicant has been found aunty of a felony, a crime of moral
turpitude or has received a dishonorable discharge from the armed forces of the
United States. (The application of this section to be tempered by the nature of
the crime, the applicants subsequent rehabilitation and the type of position
applied for.)
R. That examinations shall be conducted and scored in an objective manner and
may be made up of written tests or oral tests or performance tests or personality
evaluations or physical ability tests, or involve a rating of past experience and
training or be made up of a combination of such tests.
E. That examinations shall be publicly announced at least seven calendar days in
advance of the last date for submitting applications by means of an
announcement posted on the official bulletin board in the County's Human
Resources Office. and other forms of media fto provide adequate notice to the
public) deemed appropriate by the Human Resources Director.
F. That written notification shall be sent to each qualified applicant at least five
calendar days in advance of the examination. notifying the applicant of the time
and place of the examination,
1. Rejected applicants shall be notified at the same time, giving the reasons tor
their rejection.
2. Rejected applicants shall have the right to first review their application with
Human Resources and, if not satisfied, to appeal the rejection to the
Personnel Committee which shall have the power to reverse, modify or
affirm lIurnan Resources' action.
G. That all candidates shall be sent written notification of their examination scores
and successful candidates shall be given their ranking on the eligible list,
1. All candidates shall have the right to first review their examination results
with Human Resources and, if not satisfied. to appeal the examination
results to the Personnel Committee which shall have the power to reverse,
modify or affirm Human Resources' action.
H. That in the tilling of a vacancy, County Department Heads shall have their
choice of the top five inclusive of tied scores or top band/group if
banding/grouping of scores is used. on the eligible list for the classification of
the vacancy.
1. Eligible lists shall remain in effect for six months unless exhausted,
superseded by a new eligible list for that classification or extended for
another six months by the Personnel Committee.
I. That all County employees, except those exempted by the provisions of these
policies shall be required to successfully eompiete a probationary period of six
months before competitive appointments, or promotions shall be considered
complete; at which time they will be deemed to have regular status in their
classification.
J. That employees with regular status shall not he separated from the County
service or demoted except for cause, or for reasons of curtailment of work or
lack of funds.
K. That a formal appeal procedure be maintained giving employees with regular
status the right to appeal dismissals, suspensions. demotions and disciplinary
actions to a Personnel Appeal Board which shall act as the final County appeal
body in matters of dismissals, suspensions, demotions and disciplinary actions
involving covered County employees and departments and whose decisions
shall be binding on such employees and departments.
The Appeal Board shall be made up of six members; two members selected by
the County's employees in the same manner in which employee members of
the Oakland Courtly Employees' Retirement Commission are elected; two.
Members of the Board of Commissioners appointed by the Chairperson of the
Board of Commissioners with the approval of the Board of Commissioners;
and the fifth and sixth Members at Large to be selected by a majority vote by
the other members_ Personnel Appeal Board hearings will be conducted by
three members, comprised of one Board of Commissioner member; one
employee elected member; and one Member at Large.
1. If the four members of the Personnel Appeal Board are unable to select the
fifth and/or sixth member(s) within thirty (30) calendar days after their
appointment, they shall so notify the Oakland County Circuit Court Bench
which shall appoint the fifth and/or sixth member(s) to the Personnel Appeal
Board within fifteen (15) calendar days.
The members o( the Personnel Appeal Board shall be selected for one year
terms beginning January 1 of each year. Personnel Appeal Board Members
shall receive per diem and mileage as established by the Board of
Commissioners. No member of the Personnel Appeal Board shall have been
a County employee within one year prior to the date of appointment to this
Board.
The appeal procedure shall provide linr the scheduling of a hearing within a
reasonable length of time-after the receipt of the appeal.
Recusal/Disqualification of Personnel Appeal Board Member.
a. Who May Raise. A party may raise the issue of a board member's
disqualification by motion, or the Personnel Appeal Board member may
raise it,
b. Grounds. A hoard member is disqualified when the board member
cannot impartially hear a ease, including but not limited to instances in
which:
1. The board member is personally biased or prejudiced for or against
one of the participating parties.
2. The board member has personal knowledge of disputed evidentiary
facts concerning the proceeding.
3. The board member has been consulted or employed as attorney or
an advocate in the matter in controversy,
4. The board member was a partner of a party, attorney or other
advocate for a party, or a member of a law firm representing a
party within the preceding two years.
5. The hoard member knows that he or she. individually or as a
fiduciary, or the board member's spouse, parent or child wherever
residing., or any other member of the board member's family
residin.L! in the board inember's household, has an economic
interest in the subject matter in controversy or in a party to the
proceeding or has any other inure than de minims interest that
could be substantially affected by the proceeding,
6. The board member or the board member's spouse, or a person
within the third degree of relationship to either of them, or the
spouse of such a person:
a. is a party to the proceeding., or an officer, director or trustee
of a party:.
b. is acting as a lawyer or advocate in the proceeding:
c. is known by the board member to have a more than de
minims interest that could be substantially affected by the
proceeding;
d. is to the board member's knowledge likely to be a material
witness in the proceeding.
c. Procedure.
1. Time for Filing. To avoid delaying proceedings and
inconveniencing the witnesses, a request to disqualify must be filed
in writing within 14 days after the moving party discovers the
ground for disqualification. If the discovery is made within 14 days
of the hearing date, the request must be made forthwith. If a
request is not timely filed, untimeliness, including delay in a
scheduled hearing, is a factor in deciding whether the request
should be granted.
All Grounds to be Included; Affidavit. In any request under this
rule, the moving party must include all grounds for disqualification
that are known at the time the request is filed. An affidavit must
accompany the motion.
3. Ruling. The challenged board member shall decide the motion. If
the challenged board member denies the motion, on the request of
a party, the challenged member shall refer the motion to the three
member panel, who shall decide the request de novo;
4. Motion Granted. When a board member is disqualified, the action
must be assigned to Personnel Appeal Board Member having the
same representative status (employee, commissioner neutral). If
one is not available, the Chief Judge of the Circuit Court shall
assign a person to act as a board member for that appeal.
d. Remittal of Disqualification. If it appears that there may be grounds for
disqualification, the board member may ask the parties and their advocates
to consider, out of the presence of the board member. whether to waive
disqualification. If, following disclosure of any basis for disqualification
other than personal bias or prejudice concerning a party, the parties
without participation by the board member, all agree that the board
member should not be disqualified, and the board member is then willing
to participate, the board member may participate in the proceedings. The
agreement shall be in writing or placed on the record.
L. That the political activities of covered County employees be limited to those
allowed under rules and regulations promulgated by the Personnel Committee.
Chairperson, on behalf of the Personnel Committee. I move the adoption of the foregoing
resolution.
PERSONNEL COMMITTEE
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Resolution #08119 June 12, 2008
Moved by Middleton supported by Scott the resolution be adopted.
Moved by Hatchett supported by Greimel the resolution be amended under Section V. K, second
paragraph of the Merit Rules as follows:
The Appeal Board snail be made up of six members; two members selected by the County's
employees in the same manner in which employee members of the Oakland County Employees'
Retirement Commission are elected; two members, one from the majority party and one from
the minority party, of the Board of Commissioners, appointed by the Chairperson of the Board
of Commissioners w'th the approvai of the Board of Commissioners.,.
Discussion followed.
Vote on amendment:
AYES: Gregory, Greimel, Hatchett. Nash. Spector, Woodward, Zack, Burns, Coulter,
Gershenson. (10)
NAYS: Jacobsen, KowaII, Long, Middleton, Potter, Potts, Rogers, Scott, Bullard, Crawford,
Douglas, Gingell. Gosselin. (13)
A sufficient majority not having voted in favor, the amendment failed.
Discussion followed.
Vote on resolution:
AYES: Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott,
Spector, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell,
Gosseiin, Gregory. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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 June
12. 2008, 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 12th day of June. 2008.
ede
Ruth Johnson, County Clerk