A.
Function. The Personnel Department shall be responsible
for coordinating and overseeing the hiring, training, assignment,
reassignment, rotation, performance evaluation and discharge of all
personnel in the merit service and in unclassified positions. The
Department shall be responsible for the establishment of duties and
qualifications for all positions in consultation with the heads of
County departments and offices. The Department shall act as a centralized
point of interviewing, screening, testing and referral for all persons
seeking employment with the County.
B.
Department head. The Personnel Department shall be headed by a Director who shall be responsible to Council through the Executive Director for the performance of the functions of the Department and who shall be responsible for the performance of the general duties in Article III, § 6-15D, of this chapter.
C.
Specific duties. The Director of Personnel shall be
responsible for:
(1)
Developing, promoting, and implementing an affirmative
action plan for recruitment, employment and promotion in order to
assure equal employment opportunities and nondiscrimination with regard
to race, color, sex, creed, age or national origin;
(2)
Participating in and advising on labor-management
relations matters, including negotiations or collective bargaining;
advising on matters concerning preservation of management's rights;
and participating in and advising on all matters pertaining to grievances
and arbitrations.
(3)
Establishing and maintaining job classification and
pay plans;
(4)
Developing and operating recruitment, employment and
promotion programs;
(5)
Developing and promoting programs for improving employee
effectiveness, including training, counseling, discipline, health,
safety and benefits;
(6)
Developing and maintaining the total employee benefit
package;
(7)
Assisting and advising County departments and offices
on manpower planning, personnel program planning and evaluation, and
manpower budgeting;
(8)
Advising management on manpower requirements and utilization;
(9)
Maintaining current personnel records, manpower information
and personnel planning system.
A.
Function.
(1)
The Board of Personnel Grievance and Performance Review shall be responsible for the review of the personnel grievances of employees who shall request a hearing. Certain employees shall have the right to have their grievances reviewed by the Board subject to the limitations in § 6-19C(2) of this chapter.
(2)
Internal administrative review of a grievance shall
not have been exhausted until it has been heard and determined or
resolved by the Board.
(3)
Determination by the Board shall be of an advisory,
nonbinding nature to County Council.
B.
Organization.
(1)
Appointment. County Council shall appoint three members
to the Board to serve concurrent two-year terms of office. Appointments
to the Board may be terminated by County Council prior to the expiration
of the term of office for reasonable cause.
(2)
Permanent vacancy. In the case of a permanent vacancy
in the Board's membership caused by death, illness, physical incapacity,
forfeiture of office, pursuant to the conditions detailed in Section 305
of the Home Rule Charter generally applicable to elected offices,
removal from office or resignation, County Council shall appoint a
successor to serve the balance of the unexpired term. Upon determination
by County Council that a permanent vacancy exists, appointment of
a successor shall be made within 30 calendar days thereof.
(3)
Temporary vacancy due to conflict of interest. Any
Board member who actively participated in a decision on which an employee
brings a grievance before the Board shall excuse himself from hearing
the grievance and shall be replaced by appointment of County Council
for the duration of the hearing.
(4)
Chairman. The Board shall select, by majority vote
of its membership, a Chairman to serve a two-year term. The Chairman
shall be responsible to County Council for the performance of the
functions of the Board. He shall preside at Board meetings, set the
agenda, including scheduled times to adjudicate personnel grievances,
determine the form and manner of setting forth Board findings, act
to communicate majority decisions to the Council, and effect necessary
administrative actions in support of Board responsibilities.[1]
C.
Procedure.
(1)
Conduct of regular meetings. The Board shall adopt
rules for the conduct of regular meetings which may be revised from
time to time.
(2)
Conduct of administrative hearings.
(a)
The character of Board meetings for determination
of personnel grievances will be that of an administrative hearing
on personnel management matters. [Commentary: such meetings are not
subject to the public meetings provisions of the Pennsylvania Sunshine
Law or of Section 405b of the Home Rule Charter.]
(b)
The Board will not hear or resolve cases involving
personnel grievances of employees in the offices of the Controller,
the Sheriff, the District Attorney, or the Register of Wills unless
previously requested to do so by the applicable said elected official.[4]
(c)
Employees covered by a collective bargaining
agreement providing other procedures for grievance appeals shall be
deemed to have no standing before the Board.
(d)
First-line review shall first have been exhausted
for all grievances which may be brought to the Board for resolution,
and all other administrative remedies shall be exhausted.
(e)
The Board shall examine the full text of all
grievances brought to it for resolution and shall determine the standing
of the employee or employees to bring a grievance. Department heads
shall be deemed to have no standing before the Board of Personnel
Grievance and Performance Review.
(f)
Thirty days' written notice providing the time,
date, and place of the hearing shall be given to an employee before
a Board hearing. Employees shall have the right to be represented
by counsel, to present evidence, and to cross-examine witnesses. A
manual of rules governing the taking of testimony, requesting of data,
conducting of inquiries, and reviewing of legal briefs during hearings
shall be promulgated by the Board. The expense associated with the
transcription of testimony shall be paid by the employee.[5]
(g)
The Board shall arrive at findings based on
compliance of aggrieved parties and the employer with existing rules,
regulations and controls in the grievance work environment; the County
Home Rule Charter; and provisions of this chapter.[6]
(h)
Findings of the Board shall be communicated, in writing, to the aggrieved parties and the employer no later than 30 days after completion of hearings. No hearing shall have been deemed completed until all parties have appeared and presented full and final presentation of testimony and relevant factual information to the Board subject, however, to the limitations set forth in Subsection C(2)(i) below.
(i)
Unless proper cause is shown for a continuance,
hearings shall proceed at the time and place scheduled. Requests for
a continuance shall be presented no later than five days before such
scheduled hearing unless an emergency dictates otherwise. At the discretion
of the Board, hearings may be conducted ex parte, where either party
does not appear and a continuance has not been granted.[7]
A.
Applicability. All employees, including management
level employees, first-line supervisors and confidential employees
shall be subject to applicable provisions of the personnel plan. However,
specific provisions of the various collective bargaining agreements
as currently in force and as modified from time to time shall control
for employees covered by such agreement.
B.
Merit service. The merit service shall include all
positions not in the exempted service. Persons employed in the merit
service shall possess the skills, qualifications, and/or experience
necessary to perform the tasks and to discharge the responsibilities
of merit service positions in the County government.
C.
Exempted service. The exempted service shall consist
of the following positions:
(1)
Elected officials;
(2)
Members of boards, commissions, and committees;
(4)
County Executive Director;
(5)
Heads of departments appointed by the County Executive
Director;
(6)
Temporary, part-time, intermittent or seasonal employees;
(7)
Employees required to be covered by a commonwealth
merit or civil service system, except that employees presently covered
by such civil service procedures shall be subject to the provisions
of this chapter upon certification by the federal and state civil
service commissions that the merit service plan of the County meets
state and federal requirements for the conduct of personnel management
matters;
(8)
Unclassified full-time County employees in unskilled
categories of County jobs, such as custodian, laborer, porter, messenger,
groundskeeper, office cleaning person;
(9)
Employees in the offices of the Sheriff, District
Attorney, Controller and Register of Wills for whom the power to appoint,
remove or supervise has been delegated to said elected officials by
provisions of the Charter.
D.
Service job classification plan.[2]
(1)
Purpose. The job classification plan shall provide
for the merit service a complete inventory of all positions, an accurate
description and specification for each class of employment, and standardized
titles each of which is indicative of a definite range of duties and
responsibilities and has the same meaning throughout the categories
and paid in accordance with the job classification plan.
(2)
Composition. The job classification plan shall consist
of:
(a)
Job descriptions. Descriptions of all jobs as
they are being performed and preliminary job descriptions for newly
created, revised or reorganized jobs;
(b)
Job standards. Analysis of the duties and responsibilities
of the various jobs resulting in determination of the qualifications
that must be possessed by incumbents to satisfactorily meet the various
job demands;
(c)
Job categories. Groupings of jobs based on similarities
in duties, responsibilities, and work demands;
(e)
Auditing. Periodic review of all jobs within
the plan to ascertain that the job descriptions are valid, the job
classifications are correct, and the comparative position to the outside
job market is being maintained in accordance with County policies.
All jobs shall be reviewed annually.
(3)
Administration and maintenance. The Personnel Department
shall be responsible for the development, administration and maintenance
of the job classification plan, subject to consultation with affected
department heads and subject to final approval of County Council.
This responsibility includes the following:
(a)
Examination of the duties and responsibilities
of existing positions and assignment of all positions to the appropriate
job classifications;
(b)
For new positions or existing positions for
which the duties have been revised, the assignment of the appropriate
classification or establishment of a new class;
(c)
When a vacancy occurs, review of the position
description to ensure proper classification;
(d)
When a department or administrative unit is
reorganized, preparation of new position descriptions for all affected
employees;
(e)
Prompt notification to department heads and
employees affected by any position classification or reclassification;
(f)
Review as needed the job descriptions and from
time to time prepare recommended revisions for County Council's consideration.
(4)
Reclassification requests. Any employee who considers
his position to be improperly classified shall submit a written request
for salary reconsideration or job reclassification to his department
head who shall review the request and its justification. If the department
head finds that there is merit in the request, he shall submit it
to the Personnel Department. If the department head finds the request
is not justified, he shall notify the employee, in writing, of his
decision and supply a copy of his notification to the Personnel Department.
(5)
Status of employees upon reclassification. Upon the reclassification of a position from one class to the same class, a lower level or a higher level, the method of filling the position shall be determined by the procedure regarding transfers, demotion or promotion in § 6-20I of this chapter.
(6)
Job reclassification downward. When an employee's
job is reclassified to a lower classification and his salary is higher
than the job rate of the lower classification, he shall continue to
receive his present rate. While in this status of overpay, he shall
not be eligible for any general increase, or portion thereof, in salary
until such general increase or accumulation of general increases exceed
the amount of overpayment at which time he would be entitled to such
excess.
(7)
Use and interpretation.
(a)
The job classification plan shall be used as
a guide in recruiting and examining candidates for employment; in
determining salaries to be paid for various types of work; in developing
employee training programs; in providing uniform job terminology understandable
to both the employees and the general public.
(b)
Job titles as used in the job classification
plan shall be used in all personnel records, payroll records and other
County records regarding employees. No person shall be employed in
a position covered by the classification plan but having a title which
is not approved for use for that position in the plan.
(c)
Job descriptions shall be interpreted in their
entirety and in relation to others in the job classification plan.
Job descriptions shall be interpreted as being descriptive and explanatory,
not necessarily inclusive of all duties performed. They shall not
be held to exclude other duties or responsibilities of a similar nature.
The job description shall not limit or modify the power that a department
head has to take from, expand, eliminate or otherwise change the duties
and responsibilities of a job; to assign duties; or to direct and
control the work.
(8)
Authority of County Council. The County Council shall
have final approval of job classifications, salary, and revisions
and modifications to the plan. The Council shall be the final body
to hear and decide upon questions raised by department and office
heads as to the classification and salary of jobs.
E.
Pay plans.
(1)
Pay plan for nonbargaining and others. The following pay plan applies to employees covered under § 6-20C(3), (4) and (5) of this chapter. This pay plan also will be applicable to planners, engineers, lawyers, architects, doctors and to confidential employees not employed pursuant to a consultant contract:[3]
(a)
The plan shall consist of salary grades, merit
increases and across the board increases;
(b)
The plan shall provide for merit increases based
upon outstanding performance;
(c)
Employees shall not be considered for merit
salary increases more frequently than six months from the anniversary
of their employment date or six months since they received their last
pay increase.
(2)
Pay plan for merit service and unclassified positions. The following pay plan shall apply to all personnel not covered by § 6-20E(1) of this chapter:
(a)
The plan shall consist of a series of hire rates
and job rates applied to job classifications as defined by the job
classification plan.
(c)
Employees may receive across-the-board increases
normally resulting from collective bargaining negotiations; increases
in hire and job rates resulting from promotions or temporary transfers
to higher job classifications; and from participation in longevity,
service or educational allowances where such apply.
(3)
Maintenance of the pay plans. The pay plans shall
provide rates for all classes of jobs. The County Personnel Director
shall include among other factors, annual comparative studies in the
establishment and the maintenance of such rate or rates. The County
Personnel Director shall recommend revisions to the plans to County
Council with the approval of the Executive Director.
(4)
Authority of County Council. Council shall have final
approval of all salary and wage schedules and the assignment of a
wage or salary to any particular job.
F.
Nonbargaining recruitment.[5]
(1)
Recruitment. The County Personnel Department shall
be responsible to screen qualified candidates for employment, with
special emphasis on recruitment of qualified County residents.
(2)
Selection. The Personnel Department shall maintain
lists of applicants eligible for employment based on a thorough review
of personal qualifications and scoring on applicable employment tests.
The Personnel Department shall refer to departments for employment
three qualified candidates for the particular vacancy. In cases where
less than three qualified applicants are referred, the department
head may select from less than three qualified applicants. In all
cases, the County Council Chairman or his Council member designee
has the final approval for employment in all positions, and no person
may begin employment in the County prior to the effective date for
employment as approved by the Chairman of Council.
(3)
Testing program. The Personnel Department shall administer,
as applicable, job-related, standardized examinations to candidates
at the time of original employment or to candidates applying for any
job vacancy in the County. No other department shall administer said
examinations. All examinations shall be job related. All test scores
shall be kept confidential.
G.
Employment practices for all County employees.
(1)
Residency requirement; determination of qualifications.
[Amended 4-23-1985 by Ord. No. 85-7; 12-1-1992 by Ord. No.
92-5]
(a)
Commencing July 5, 1978, no person shall be
eligible to be an employee of the County of Delaware unless he or
she is a resident of and lives within the geographical boundaries
of the County of Delaware, State of Pennsylvania. However, any person
not a resident of the County and employed by the County as of July
5, 1978, shall not be bound by this residency requirement so long
as he or she remains in continuous County employment, and such person
shall become bound only in the event that his or her employment terminates
and he or she later seeks to be reemployed by the County; provided,
further, however, that if an employee is in continuous employment
and moves out of the County, the employee must forfeit his or her
position.
(b)
The Personnel Director shall determine the qualifications
for all positions for entry employment, job transfers or promotions.
(c)
Notwithstanding the provisions of § 6-20G(1)(a), persons who at the time of hire are not residents of the County shall be eligible to be employees of the County but shall establish residency in the County within three months of the start date of employment. The Executive Director, based on the recommendation of the Director of Personnel, may grant extensions to such three-month period as required to maintain a qualified workforce for the County or when a good faith effort by the employee is demonstrated to establish residency within the three-month period; however, such extensions shall not exceed an aggregate of 12 months without the approval of Council and an aggregate of 24 months with such approval. Council may exempt certain categories or classifications of personnel from the provisions of § 6-20G(1)(a) by adoption of an ordinance finding that the exemption is necessary to allow the County to hire a sufficient number of qualified employees; provided, however, each such exemption shall expire in 24 months unless an extension for an additional 24 months is approved as necessary by Council (there being no limit on the number of such extensions by Council).
[Added 11-14-2020 by Ord.
No. 2021-1]
(d)
If any County employee required to be in compliance with the provisions of § 6-20G(1)(a) was not in fact in compliance therewith on the date of enactment of this subsection, such employee may establish the required residency within three months of such date of enactment. The Executive Director, based on the recommendation of the Director of Personnel, may grant extensions to such three-month period as required to maintain a qualified workforce for the County or when a good faith effort by the employee is demonstrated to establish residency within the three-month period; however, such extensions shall not exceed an aggregate of 12 months without the approval of Council and an aggregate of 24 months with such approval.
[Added 11-14-2020 by Ord.
No. 2021-1]
(e)
Section 6-20G(1)(a) shall not be applicable to employees covered by a commonwealth merit or civil service system.
[Added 11-14-2020 by Ord.
No. 2021-1]
(f)
Section 6-20G(1)(a), (c) and (d) shall not be applicable to the following categories or classifications of personnel.
[Added 12-1-2021 by Ord.
No. 2021-12]
[1]
Health professionals and others providing direct service to
patients (including, but not limited to, such personnel at the Department
of Health and Fair Acres Geriatric Center).
[2]
Correctional officers or others engaging in direct interaction
with adult or juvenile detainees (including, but not limited to, such
personnel at George Hill Correctional Facility and Juvenile Detention).
[3]
The County Medical Examiner.
[4]
Employees of the Department of Planning.
(2)
References. As part of the preemployment procedure,
the Personnel Department shall check former employers and references
provided by the applicant. All information so obtained shall be confidential.
Any applicant who refuses to permit or who hampers or impedes the
verification of his qualifications and background shall be disqualified
for employment.
(3)
Interviews. The Personnel Department, in consultation
with the department heads, may as necessary arrange for interviews
of job applicants.
(4)
Physical examination. The Personnel Department shall
conduct a program of preemployment physical examinations. In cases
where the Personnel Director concludes that an applicant should not
be employed because of health reasons, the County Council may overrule
the rejection.[6]
(5)
Applications for employment. Applications for employment
shall be made in the Personnel Department. Applications for employment
shall be accepted at any time. As a result of a single application,
a candidate may be considered for job vacancies in which his principal
qualifications might be used.
(6)
Rejection of applicants. An applicant may be rejected
if he is deemed physically unfit for the performance of his duties;
is addicted to the use of drugs or intoxicants; has ever been convicted
of a felony or misdemeanor; has ever been dismissed from prior employment
for misconduct; has ever been a member of any organization which advocated
the overthrow of the Government of the United States by force or violence;
has knowingly made false statements of any facts in order to obtain
employment; or practices or attempts to practice any deception or
fraud in his application or employment interview; or for other good
cause.
(7)
Retention of applications. Applications shall be kept
on file in the Personnel Department. Applications shall not be kept
on file beyond a year from the date they were submitted.
(8)
Recall lists. Recall lists from layoffs shall be honored
in accordance with collective bargaining agreements.
H.
Probation periods for merit service and unclassified
positions.
(1)
Purpose. The probationary period, as an integral part
of the employee examination process, shall be used for closely observing
the employee's work, for securing the most effective adjustment of
a new employee to his position and for rejecting any employee whose
performance is not satisfactory.
(2)
Duration. All positions shall have a probationary
period of three months except as otherwise provided in the various
collective bargaining agreements.
(3)
Probationary period for new employees.
(a)
At any time during the probationary period,
a department head, in conjunction with the Personnel Department, may
remove an employee when the employee is unable or unwilling to perform
the duties of the position satisfactorily or when his work habits
or lack of dependability do not merit his continuance in service.
Upon removal a written report shall be prepared by the department
head and the Personnel Department documenting the reasons.
(b)
If a probationary employee has committed an
offense which is considered cause for disciplinary action he may be
disciplined or dismissed without prior notice.
(4)
Promotional appointments. The probationary period shall be used in connection with promotional appointments in the same manner as it is used for original entrance appointments. If a person is removed during his probationary period following a promotion, he shall be entitled to return to a position with the same job classification as that from which he or she came, and at the former rate of pay notwithstanding § 6-20H(3) of this chapter or pursuant to the union contract.[7]
(5)
Interruption of probationary period.
(a)
If an employee is laid off during a probationary
period and subsequently rehired, he shall not be given credit for
the probationary period completed before he was laid off.
(b)
If an employee is transferred to a different
position during his probationary period, the Personnel Department
may not give credit for the period of the probationary time previously
completed.
(6)
Completion of probationary period. At least 10 days
prior to the expiration of an employee's probationary period, the
department head shall submit a written report to the Personnel Department
stating the status of the employee's performance to date.
I.
Promotions, transfers and demotions for nonbargaining
and County positions.[8]
(1)
Promotions.
(a)
A change from any position to another position
for which a higher rate of pay is prescribed shall be considered a
promotion.
(b)
No employee shall be eligible to bid for a higher-rated
job or jobs more than twice in a twelve-month period.
(c)
The Personnel Department shall have the right
to investigate the employee's qualifications to fill the higher position
which may become available, including the use of standardized tests
when appropriate.
(d)
Probationary periods shall apply to promotions
on the basis that this is a new position to the particular employee
involved.
(e)
Failure to perform during the probationary period
shall warrant returning the employee to a position in the same classification
from which he or she came.
(f)
When an employee is promoted to a position in
a higher job classification, his salary shall be increased to the
starting rate of the higher position or he shall maintain his present
rate, whichever is higher. After satisfactorily completing the probationary
period on the new assignment, the employee shall be raised to the
job rate or retain his previous salary, whichever is higher.
(2)
Transfers.
(a)
The appropriate department head may at any time
transfer an employee from one position to another in the same classification
in the same department.
(b)
A transfer of an employee from one department
to another shall have the approval of the Personnel Department and
the County Council.
(c)
A temporary transfer shall not exceed 30 days,
and shall not require job reclassification or salary adjustment except
where otherwise required by applicable collective bargaining agreements.
(3)
Demotions. With the approval of the Personnel Department
and County Council, an employee may be demoted to a position for which
he is qualified for any of the following reasons:
(a)
When an employee would otherwise be laid off
because his position is being abolished; lack of work; lack of funds;
(b)
Because of the return to work from an authorized
leave of another employee in accordance with the provisions regarding
leaves;
(c)
When an employee does not possess the necessary
qualifications to render satisfactory service in the position he holds;
(d)
Removed during a probationary period;
(e)
When an employee voluntarily requests such demotion;
or
(f)
For disciplinary reasons.
[Amended 8-12-1980 by Ord. No. 80-3[1]]
A.
The Director of Personnel shall establish an employee
evaluation program to objectively rate the performance of employees.
B.
Disciplinary actions.
(1)
Causes for disciplinary action. Disciplinary action
against an employee shall be for good cause. The causes for disciplinary
action shall include:
(b)
Violation of articles pertaining to discipline
in the various collective bargaining agreements or applicable work
rules; or
(c)
Actions taken outside the scope of County employment
which are nevertheless indicative of a lack of necessary skill, character,
honesty or trustworthiness and which have a bearing upon the fitness
of the individual to perform his usual County duties; or
(d)
Actions taken outside the scope of County employment
or agreements entered into which could in any way be construed to
be adverse to the public's interest, or which create the appearance
of impropriety or conflict of interest affecting the public's confidence
in the full and proper discharge of the employee's duties;
(e)
The above lists shall not be considered to be
all inclusive and disciplinary action shall not be limited to the
offenses listed.
(2)
Record of disciplinary action.
(a)
Prior to taking any formal disciplinary action,
the department head or elected official and the Personnel Department
shall discuss and agree upon the facts of the case and the severity
of the penalty, if any. The Personnel Department shall maintain a
file of all situations brought up for disciplinary consideration.
The file will document all facts of the case, the action taken, and
the reasons for the action, including cases where it was finally judged
that any disciplinary action was not warranted.
(b)
No prior approval or official action of Council
shall be necessary for any disciplinary action against a County employee.
(3)
Types of disciplinary action. Disciplinary actions
shall be progressive in other than serious offenses which might warrant
immediate discharge. Normal disciplinary action will follow the pattern
of oral warning, written reprimand, suspension, then demotion or dismissal.
(4)
Oral warning and reprimand. In situations where an
oral warning has not resulted in the expected improvement, a written
reprimand may be given the employee. A copy shall be placed in the
employee's service record in the Personnel Department.
(5)
Suspension. An employee may be suspended as a result of conduct set forth in § 6-21B(1) of this chapter as causes for disciplinary action. Where the actions resulting in suspension also give rise to criminal proceedings, suspension without pay shall continue until acquittal or conviction. In all other cases, a suspension without pay shall not exceed 30 days. A written statement shall be furnished to the employee which specifically states the reasons for suspension. A copy shall be made part of the employee's service record in the Personnel Department.
(6)
Demotion. An employee may be demoted for cause and
his salary reduced in accordance with the rules governing the salary
treatment of demoted employees. A written statement of the reasons
for the action shall be furnished the employee and made part of the
employee's service record in the Personnel Department.
(7)
Dismissal. An employee may be dismissed from employment
for disciplinary reasons. A written statement shall be given to the
employee stating the reasons and a copy shall be placed in the employee
service record in the Personnel Department.
(8)
Appeal. The employee shall have the right of appeal for suspension, demotion, or dismissal, if there is no applicable collective bargaining agreement, to the Board of Personnel Grievance and Performance Review as provided for in Section 419 of the Home Rule Charter, and as further provided in § 6-19 of this chapter, subject to the limitations of § 6-19C(2) of this chapter.
[Amended 12-1-1992 by Ord. No. 92-5[1]]
The working hours of full-time service shall be the hours of County business applicable to County departments and offices or other units as set by County Council except as otherwise provided in § 6-73A of this chapter.
A.
Dual compensation. No person whose compensation derives
from County funds through a full-time employment with the County may
receive from the County any additional compensation, salary, or emoluments
for work performed for the County during the same hours applicable
to his or her full-time position, or for those duties which are normally
within the scope of duties of his or her full-time position.
B.
Work schedule. The department head and the Personnel
Department, with the approval of Council, shall have the right to
set up necessary work schedules, including shift and odd schedules,
to meet the needs of the work.
C.
Overtime. Employees who are required by their supervisors
to work beyond their normal work schedules for any given day or week
shall be compensated by being given time off (compensatory time) or
overtime. In no instances shall duplicate payments be made for the
same hours of work.
D.
Authorized leaves of absence without pay. The following
types of leave without pay may be granted upon the agreement of the
department head and the Personnel Director, with the final approval
of County Council:
E.
Authorized leaves of absence with pay.
(1)
Types of leaves. The following types of leave with
pay may be granted upon the agreement of the department head and the
Personnel Director, and in certain instances as provided below, upon
the final approval of County Council:
(2)
Compensatory time. Leave may be granted to an employee
by his supervisor to reduce accumulated compensatory time earned by
the employee. Compensatory time should, if possible, be used by the
final working day of December of each year.
F.
Separations.
(1)
General. The tenure of every employee shall be conditioned
on good behavior and satisfactory performance of duties.
(3)
Resignation. To resign in good standing, an employee
shall give the County two weeks' notice of his leaving.
(4)
Layoffs. Layoffs may be announced from time to time
by the County for budgetary reasons, reorganization of the work force,
lack of work or other related reasons. Layoffs of personnel covered
by the various collective bargaining agreements shall be handled in
accordance with provisions covering layoffs.
(5)
Death. When an employee dies while in active service
all benefits, including back pay and vacation, shall be paid to his
or her designated beneficiary, estate, or surviving spouse in accord
with applicable law.
A.
Disciplinary actions.
(1)
The scope, manner, and causes for disciplinary actions set forth in § 6-21B shall not cover department heads nor those employees in the offices of the Sheriff, District Attorney, Controller and Register of Wills for whom those elected officials have the power to appoint, remove or supervise under the Charter.
(2)
Suspension or dismissal of employees covered by this
section need not be preceded by oral warning or written reprimand.
(3)
Appeal to the Board of Personnel Grievance and Performance Review shall not be a matter of right for employees covered by this section, and any hearing afforded said employees pursuant to § 6-19C(2)(b) of this chapter shall not be a prior restraint on suspension or dismissal of employees covered by this section.[1]
Prior approval of personnel actions involving expenditures of County funds shall be received from the Budget Management Department pursuant to § 6-35B of this chapter.
