HomeMy WebLinkAboutOrdinance 006 - Ltd Duration Positions (2)CES
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of February 23, 2011
Please see directions for completing this document on the next page.
DATE: January 19, 2011
FROM: Erik Kropp Admin. Services 388-6584
TITLE OF AGENDA ITEM:
Consideration of Second Reading, by title only, and Adoption of Ordinance No. 2011-006, which adds
a new type of position, "limited duration position," to the County's Personnel Rules.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
The proposed change adds a new type of position to the Personnel Rules called a "limited duration
position." The limited duration position would be used for new positions funded by a discrete revenue
source with a defined expiration date. The purpose of this addition is to codify the County's past
practice of terminating the employment of the employee hired into a grant funded position if/when the
grant expires.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends second reading, by title only, and adoption of Ordinance 2011-006, adding the term
"limited duration position" to Deschutes County Code, Title 3, Deschutes County Personnel Rules.
Consideration of the second reading and adoption will be on the Board's February 23, 2011 meeting
agenda.
ATTENDANCE: Erik Kropp.
DISTRIBUTION OF DOCUMENTS:
Erik Kropp
Debbie Legg
Connie Scorza
REVIENVE,D `
6)
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 3, Chapters 3.08 and
3.16 of the Deschutes County Code, relating to
Personnel Rules
*
*
ORDINANCE NO. 2011-006
WHEREAS, Deschutes County receives grants to fund positions for a limited duration; and
WHEREAS, the County's past practice has been to terminate the employment of the employee hired
into a grand funded position when the grant expires; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. The addition of a new type of position called a "limited duration position" in the County's
Personnel Rules, Deschutes County Code Title 3.
Section 2. Deschutes County Code Title 3, Chapters 3.08 and 3.16 is amended to read as described in
Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined.
Section 3. EFFECTIVE DATE. This Ordinance takes effect ninety (90) days after adoption.
PAGE 1 OF 2 - ORDINANCE NO. 2011-006
Dated this of , 2011 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
Recording Secretary ALAN UNGER, Commissioner
Date of 1St Reading: day of , 2011.
Date of 2nd Reading: day of , 2011.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tammy Baney
Tony DeBone
Alan Unger
Effective date: day of , 2011.
ATTEST
Recording Secretary
PAGE 2 OF 2 — ORDINANCE NO. 2011-006
"Exhibit A"
Title 3. DESCHUTES COUNTY PERSONNEL RULES
Chapter 3.08. DEFINITIONS
"Grieve" means to initiate a grievance.
"Hourly Employee" is an employee who works less than half time on a year-round basis.
"Job -Share Employees" are employees who job -share are part-time employees who share a full-time
position normally held by one employee, on an equal basis. It is not two separate half-time positions.
"Lead worker" is an employee delegated limited supervisory duties in writing by the employee's department
head. Limited supervisory duties include distribution of work assignments, oversight of work performed,
maintaining a balanced workload among a group of employees, reviewing completed work, and
maintenance of records of work production and attendance by employees. Lead workers do not impose
discipline or conduct performance evaluations.
"Limited Duration Position" is aposition funded baa discrete revenue source with a known expiration
date. An employee in a limited duration position may be terminated on the date the funding expires and
such termination shall be considered a voluntary termination. Based upon the terms of the funding
source the conditions of compensation and benefits may differ from the compensation and benefits
payable to regular County employees performing substantially similar work. The term of employment of
an individual in a limited dura ion s osition ma exceed 18 months without conferrin with the individual.
The Coun
ma in its sole discretion and based u • on additional discrete revenue, extend the term of
employment past the initial funding expiration date and such extension shall not change the limited
duration status of the employee.
"Length of Service" is an employee's continuous full-time or part-time service with a County department.
"Longevity" is an employee's continuous full-time or part-time service as a County employee.
"Merit Step Increase" is an increase in an employee's pay from one step of the pay grade for the employee's
position to a higher step of the pay grade for the employee's position.
"Non -Exempt Employee" is an employee subject to the overtime provisions of the Fair Labor Standards Act
and/or State of Oregon overtime laws.
"Non -Represented Employees:" All employees who are not represented members of a bargaining unit.
"On -Call Employee" is an employee who does not have regular hours of work or a regularly assigned work
schedule and who is available to work on an as -needed bases. There is no guarantee of any hours of work
for any on-call employee.
"Part-time Employee" is an employee who works at least one-half (1/2) time.
"Pay grade" is the range of pay assigned to a Position Description on the salary schedule.
"Pay step" is one of the established levels of pay within a pay grade.
"Personal Services Contract" is a contract between the County and an independent contractor to perform
personal services for the County.
"Personnel Departrnent" is the County department designated by the County Administrator to administer the
Personnel Rules and all other human resource matters for the County.
Page 1 of 3 DRAFT UPDATE — December 10, 2010
"Personnel File" is any file maintained by the County which contains employment records of an employee.
"Personnel Rules" are the rules, policies, and procedures set forth in Deschutes County Code, Title 3.
"Personnel Services Manager" is the person charged by the County Administrator with the responsibility of
coordinating and overseeing all personnel management for the County.
"Position" is two or more descriptions grouped by an occupation, discipline, or type of work.
"Position Authorization" is authorization for a specific position as approved in the adopted County budget.
"Position Description" is a written statement of the nature of the work to be performed, indicating duties and
responsibilities, representative examples of work and general minimum recruiting qualifications. This is
also referred to as a "Job Description." The Position Description may also be referred to by Position Title.
"Position Title" is the name assigned to a Position Description.
"Probation" or "Probationary Period" is a period of trial service during which an employee's work
performance and standing to become a regular employee is evaluated by the County.
"Regular employee" is a full-time or part-time employee who has successfully completed probation and
who works on a year round basis.
"Regular full-time employee" is a regular employee who is scheduled to work the established hours for a
full-time position on a regular year-round basis.
"Regular part-time employee" is a regular employee who is scheduled to work at least one-half of the
established full-time work schedule for the particular position on a regular, year-round basis.
"Represented Employees" are employees who are members of a recognized bargaining unit.
"Retiree" is an individual who has retired from County service.
"Seniority" is an employee's continuous full-time or part-time service in a particular position with the
County.
"Supervisor" is defined as an employee who has authority over hiring, salary administration, evaluation,
transfer, promotion, demotion, discipline, grievance adjustment, or recommendations on any personnel
action, as well as day-to-day supervisory responsibilities.
"Temporary employee" is a person who has been hired by the County to work for a period not to exceed 18
months. Some temporary positions may also be limited duration positions.
"Volunteers" are persons who perform services for the County and do not receive from the County salary,
wages or any other form of remuneration for services performed.
(Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
Page 2 of 3 DRAFT UPDATE — December 10, 2010
Chapter 3.16. RECRUITMENT AND APPOINTMENT OF EMPLOYEES
3.16.010.
3.16.020.
3.16.030.
3.16.040.
Recruitment of Employees.
Probationary Period.
Hiring Former Employees.
Hiring Relatives, Domestic Partners and Personal Acquaintances of Employees.
3.16.010. Recruitment of Employees.
It is the policy of Deschutes County to recruit and select the most qualified individuals for employment with
Deschutes County. Recruitment and selection shall be conducted to ensure open competition, provide equal
employment opportunity, and to prohibit discrimination because of race, color, national origin, sex, religion,
age, marital status, family relationship, sexual orientation, physical or mental disability (provided reasonable
accommodation can be made for any such disability), political affiliation, or any other classification
protected by Oregon or Federal law. The Personnel Department is responsible for overseeing and
administering the recruitment and selection of County employees in accordance with the County's
Recruitment and Selection Policy.
(Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)
3.16.020. Probationary Period.
A. Represented employees. For employees who are covered by a collective bargaining agreement, the
length and conditions of probationary (trial service) periods are provided in and governed by the
applicable collective bargaining agreement.
B. Non -represented employees. All newly hired and newly promoted non -represented employees shall be
on probationary (trial service) status until the employee completes at least twelve (12) full months of
continuous employment with the County and has received from his or her and department head or
supervisor a written one-year performance evaluation for which the employee is given an overall rating
of meets or exceeds standards. An employee on probationary status is not eligible to be removed from
probation and assigned regular employee status if the employee does not receive an overall rating of
meets or exceeds standards on the employee's one-year performance evaluation.
1. Each probationary employee shall be given a written performance evaluation at approximately two
(2) and six (6) months into the employee's probationary period. Each probationary employee shall
also receive a performance evaluation at twelve (12) months. The probationary evaluation
schedule may not be modified except by mutual agreement between the employee and his or her
department head.
2. An employee on probationary status is an at -will employee and as such, may resign from his or her
position at any time, with or without cause and with or without notice, and may have his or her
employment terminated by the County at any time, with or without cause and with or without
notice. Discipline of or the termination of employment of a probationary employee may not be
grieved.
3. If a department seeks to extend the probationary period for an employee on probationary status, a
request for extension of probation shall be made by the department head to the County
Administrator and may only be granted by the County Administrator. Extensions of probation will
only be granted in unusual circumstances, and shall be in 30 -day increments, not to exceed a
maximum of 90 days.
4. Employees in limited duration positions whose positions are extended for subsequent limited
duration time periods shall not by the virtue of the extension serve another probationary period.
Page 3 of 3 DRAFT UPDATE — December 10, 2010