Loading...
HomeMy WebLinkAboutOrdnc 024 - Amend Personnel RulesDeschutes 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 June 29, 2011 Please see directions for completing this document on the next page. DATE: June 15, 2011 FROM: Erik Kropp Admin. Services 388-6584 TITLE OF AGENDA ITEM: Consideration of Ordinace 2011-024 amending the Personnel Rules to prohibit a County employee from hiring or supervising a relative as contract staff, clarify when on-call and hourly employees shall receive a scheduled performance evaluation, and modify the compensation rate of on-call pay for a non - represented employee. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: The proposed ordinance would make the following changes to the Personnel Rules: 1. Adds language to prohibit County employees from hiring, providing oversight, and/or supervising contracted staff who are relatives (Chapter 3.16.040, Section C). Currently, the Personnel Rules prohibit a County employee from hiring, providing oversight, and or supervising another employee who is a relative. This addition would expand these prohibitions to situations involving contracted staff, such as through a temporary staffing agency or a personal services contract. 2. Adds language to clarify when on-call and hourly employees shall receive a scheduled performance evaluation and be eligible for a merit increase (Chapter 3.24.030, Section B). The draft language requires supervisors to complete a scheduled performance evaluation after the on-call or hourly employee has been employed at least 12 -months and worked 1,000 hours. This change would provide consistency among departments and guidance to supervisors. 3. A non -represented (not represented by a union) employee is eligible to receive on-call pay at a compensation rate of two hours per day at their current hourly rate (Chapter 3.24.030, Section E). On- call pay is compensation paid to an employee required to be available to be called into work on a scheduled day off. The proposed draft language would specify that the on-call compensation rate is up to the equivalent of two hours per day at the hourly rate, allowing the department to pay less. FISCAL IMPLICATIONS: None. RECOMMENDATION & ACTION REQUESTED: Staff recommends adoptions of Ordinance 2011-024 by emergency clause. ATTENDANCE: Erik Kropp. DISTRIBUTION OF DOCUMENTS: Erik Kropp Debbie Legg Connie Scorza. REVIEWED LEGA C 4 UNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 3, Chapters 3.16, and * 3.24 of the Deschutes County Code, and Declaring an * Emergency. ORDINANCE NO. 2011-024 WHEREAS, Deschutes County's Personnel Rules prohibit the hiring, providing oversight, and/or supervising County employees who are relatives but this provision does not include the hiring, providing oversight, and or supervising of contracted staff; and WHEREAS, Deschutes County hires on-call and hourly employees and there is not consistency among departments for when these employees receive scheduled performance evaluations; and WHEREAS, a non -represented employee is eligible to receive on-call pay at a compensation rate of two hours per day at their current hourly rate; and now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. The addition of new language to the Personnel Rules to prohibit County employees from hiring, providing oversight, and/or supervising contracted staff who are relatives. Section 2. The addition of new language to the Personnel Rules to require supervisors to complete a scheduled performance evaluation after an on-call or hourly employee has been employed at least 12 -months and worked at least 1,000 hours. Section 3. The addition of new language to the Personnel Rules to specify that the on-call compensation rate for a non -represented employee is up to the equivalent of two hours per day at an employee's regular hourly rate. Section 4. Deschutes County Code Title 3, Chapters 3.16 and 3.24 is amended to read as described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined. Section 5. This Order takes effect immediately upon adoption by the Board. PAGE 1 OF 2 ORDINANCE NO. 2011-024 Dated this day of 2011 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair ANTHONY DEBONE, Vice Chair ATTEST: 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 Anthony DeBone Alan Unger Effective date: day of 2011. ATTEST: Recording Secretary PAGE 2 OF 2 ORDINANCE NO. 2011-024 "EXHIBIT A" Chapter 3.16. RECRUITMENT AND APPOINTMENT OF EMPLOYEES 3.16.040. Hiring Relatives, Domestic Partners and Personal Acquaintances of Employees. 3.16.040. Hiring Relatives, Domestic Partners and Personal Acquaintances of Employees. A. The County's employment goal is to hire employees who are qualified and competent, using a competitive process that is valid and fair. The County will maintain impartiality in recruitment and hiring. The County will not give hiring preference to relatives, domestic partners or personal acquaintances of current employees. B. Pursuant to ORS 659A.309 as it currently exists or as amended, the County shall not refuse to hire or employ an individual, bar or discharge an individual from employment, or discriminate against an individual in compensation or in terms, conditions or privileges of employment solely because a relative or member of an individual's family works or has worked for the County. C. No member of an individual's family, as the term "member of an individual's family" is defined in ORS 659A.309(3) (wife, husband, son, daughter, mother, father, brother, brother- in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent or stepchild of the individual), or domestic partner of the individual, who is a County employee, shall be permitted to serve in a direct supervisory capacity over or under that individual. If the hiring, assignment, transfer or promotion of an individual would place the individual in a position of exercising supervisory, appointment or grievance resolution authority over a member of the individual's family or in a position of being subject to the exercise of such authority by a member of the individual's family, the county may deny such hiring, assignment, transfer or promotion of that individual. These provisions shall also apply to hiring, providing oversight to, and/or supervising of contracted staff (i.e., through a temporary staffing agency or a personal services contract). (Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981) "EXHIBIT A" (cont.) Chapter 3.24. WAGE AND SALARY ADMINISTRATION 3.24.030. Wage and Salary Adjustments. 3.24.030. Wage and Salary Adjustments. A. New employees. New employees shall generally be hired at the first step of the pay grade. When a new employee has extensive prior experience and the department head believes it is justified, an employee may be hired at the second step of the pay grade. Hiring at Step 3 or above requires prior approval by the County Administrator and will only be granted in extraordinary circumstances. B. Merit step increases. In addition to cost-of—living pay increases, if funds are available and appropriated, employees are eligible for merit step increases, provided their performance has met or exceeded performance standards established by the department head and/or the employee's supervisor. For an employee to receive a merit step increase, the employee's department head must complete a written performance evaluation of the employee with a recommendation for the increase. The amount of an authorized merit step increase will be determined by the adopted pay plan. Employees who are at the top step in their pay grade are not eligible for merit step increases. Employees shall be eligible for merit step increases on their eligibility date. An employee's eligibility date is based on the employee's date of hire as follows: If hired on or before the fifteenth (15t) of the month, the employee's eligibility date shall be the first day of the month in which the employee was hired; if hired on or after the sixteenth (16t) of the month, the employee's eligibility date shall be the first day of the month following the month in which the employee was hired. Supervisors shall complete a scheduled performance evaluation for on-call and hourly employees after the employee has been employed for at least 12 -months and worked at least 1,000 hours. Subsequent scheduled evaluations shall be when the employee has worked at least another 12 -months and at least an additional 1,000 hours. On-call and hourly employees are eligible for a merit step increase when receiving a scheduled performance evaluation. A department head may authorize a performance evaluation for an on-call or hourly employee before the required hours have been worked, if in the department head's discretion such an evaluation is necessary or prudent. In unusual circumstances and with County Administrator approval, a department head may authorize a merit increase along with an unscheduled performance evaluation. C. Cost -of -living increases. As part of the annual budget adoption process, the Board will determine what cost -of -living increase, if any, will be applied to the County's pay plan. Increases are contingent upon the availability and appropriation of funds. Cost -of -living pay increases are not guaranteed and are subject to the discretion of the Board. D. Upon prior approval by the County Administrator, a non -represented employee is eligible to receive a 5% or 10% differential for performing lead work. The lead work must be assigned in writing by the employee's department head. Lead work may include the coordination and assignment of work duties to assigned employees and/or the review of employee work to ensure work quality and compliance with applicable methods, policies, and procedures. Examples of lead work include distribution of work assignments to employees, maintaining a balanced workload among a group of employees, or reviewing the completed work of employees. The lead pay must be approved by the County Administrator in advance of the employee receiving the assigned lead duties. Retroactive lead pay is not allowed. E. Upon prior approval by the County Administrator, a non -represented employee is eligible to receive on-call pay at a compensation rate of up to the equivalent of two hours per day at their current hourly rate. An employee receiving on-call pay must be able to be contacted by phone or pager during the on-call period and respond in a timely manner as determined by the department. (Ord. 2009-027, §1, 2009; Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981)