The County Employees Merit System Commission established by this Charter must, within two years after this Charter is adopted, recommend for adoption by the County Council a personnel administration program under the direction of the Director of Administration that implements policies and procedures consistent with this Charter and the merit system principles contained in Section
8.2, and by July 1, 2011, the County Council must establish by Ordinance such a program. All County employees, except those designated as exempt, must be covered by the Merit System so established.
The Merit System must incorporate the following principles:
1. Applicants for County employment or promotion must meet minimum standards
for their position and decisions for their selection must be made
by the department head or elected official overseeing said position;
2. Retention of County employees must be based on ability and merit;
3. Involuntary discharge from employment, suspension without pay, or
reduction in pay must occur only for just cause, and those so disciplined
must be entitled to a review hearing before a Merit System Commission;
4. County employees must be provided equivalent pay and benefits for
substantially equivalent work;
5. County employees must be provided a written procedure to report and
resolve grievances;
6. County employees may voluntarily participate in political activities
outside working hours, but participation or nonparticipation in any
political activity must not be a term or condition of employment;
7. Employees of the Sheriff's Department are to be subject to such
additional policies and procedures governing their employment, conduct,
discipline and termination of employment that meet the standards for
accreditation of the Department of the Sheriff by the Commission on
Accreditation for Law Enforcement Agencies, Inc., or any successor
or comparable organization or body that is recognized generally in
the United States as an organization providing accreditation of a
similar or better quality.
The Merit System must not apply to the following exempt persons:
8.3.1. Any elected County Officer;
8.3.2. Any County Officer appointed by the County Executive with the advice
and consent of the County Council;
8.3.4. The first assistant Prosecuting Attorney;
8.3.6. Any member of a board or commission established as provided in this
Charter;
8.3.7. Any head of a department;
8.3.8. Any probationary employee;
8.3.9. Any person employed in casual employment for a period not in excess
of ninety days because of temporary increases in the volume of work
or emergency conditions. The County Employees Merit System Commission
or Sheriff's Department Merit System Commission, as applicable,
may upon majority vote of its members extend a temporary period of
employment in increments not in excess of ninety days.
The Director of Administration must coordinate the acquisition
of information regarding applicants for all positions of employment
with the County Government and forward such information to County
Officers for reference in hiring decisions and must certify all additions,
deletions and changes in payrolls of the Merit System participants.
The Director of Administration's decision to certify or not to
certify changes in the payroll may be overturned by the County Executive,
subject to appeal to the County Employees Merit System Commission,
or in the case of participants who are employed by the Sheriff's
Department, to the Sheriff's Department Merit System Commission.
The Director of Administration may appeal any modification of his
or her certification by the Chief Executive to the County Employees
Merit System Commission, or in the case of participants who are employed
by the Sheriff's Department, to the Sheriff's Department
Merit System Commission.