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;
8.3.3.
The County Counselor;
8.3.4.
The first assistant Prosecuting Attorney;
8.3.5.
The undersheriff;
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.
8.5.1.
There must be a County Employees Merit System Commission composed
of five Citizens who are County residents, not more than three of
whom may be members of the same political party, initially appointed
by the Board of Executives. For vacancies occurring after January
1, 2011, members must be appointed by the County Executive with the
advice and consent of the County Council. Members of the County Employees
Merit System Commission must be in sympathy with the Merit System
principles contained in this Charter, must hold no other appointed
County office, must not be a County employee, must serve staggered
terms of four years as provided by ordinance of the County Council.
8.5.2.
There must be a Sheriff's Department Merit System Commission
composed of five Citizens who are County residents, not more than
three of whom may be members of the same political party, appointed
by the Sheriff with the advice and consent of the County Council.
Members of the Sheriff's Department Merit Commission must be
in sympathy with the Merit System principles contained in this Charter,
must hold no other appointed County office, must not be a County employee,
must serve staggered terms of four years as provided by ordinance
of the County Council.
8.5.3.
The County Employees Merit System Commission must make recommendations as directed in Section 1.1 of this Article, must hold review hearings and hear appeals concerning any County employee covered by the Merit System, except employees of the Sheriff's Department, and must review and evaluate the Merit System operation and from time to time recommend to the County Council and the County Executive changes in policies and procedures for improved operation of the County Employee's Merit System.
8.5.4.
The Sheriff's Department Merit System Commission must hold review
hearings and hear appeals concerning any Sheriff's Department
employee covered by the Merit System and must review and evaluate
the Merit System operation and from time to time recommend to the
County Council and the Sheriff changes in policies and procedures
for improved operation of the Merit System.
