[Adopted by Bill No. 97-19[1]]
[1]
Editor's Note: This bill also repealed former
Article IV, Classified Service, adopted by Bill No. 91-54, as amended.
As used in this Article, the following terms
shall have the meanings indicated:
Procedure by which a decision is reviewed.
A person who has the power to make appointments and to terminate
employment; or, as specified, the department head.
Filling a vacant or newly created position with an eligible
candidate.
An occupational series of classifications which provide opportunities
for employees to advance on a noncompetitive basis.
The referring of a list of previously interviewed qualified
applicants to a department head to fill a vacant or newly created
position in the classified service.
An action reassigning an employee from a work site or position
in a given class to another position or work site in the same class
within the same county department.
A grouping of one or more positions sufficiently similar
with respect to duties and responsibilities that the same descriptive
title may be used to designate each position in that grouping, that
the same general qualifications are needed for performance of the
duties, and that the same schedule of pay shall be applied to all
positions in that grouping.
A written explanation of one position or of several very
similar positions which includes title, general description of responsibilities,
typical duties, and minimum qualifications.
An employee in the classified service who has successfully
completed a probationary period.
The sector of the county workforce containing positions for
which persons are selected on a competitive basis and from which an
employee who has completed probation may be dismissed only for cause.
Shall mean working days, rather than calendar days, unless
otherwise stated.
The movement of an employee from his/her present classification
to a classification with a lower grade with or without a decrease
in compensation.
The Director of the Department of Human Resources or his/her
designee.
A list of previously interviewed qualified applicants who
are eligible for employment, promotion or training for specific positions
within the classified service.
A test or series of tests approved by the Director of Human
Resources to determine the relative fitness of applicants for appointment
to positions in classified service.
A level in the pay plan with a common pay range for classes
assigned thereto, consisting of minimum and maximum rates of pay.
Any cause or dispute arising between an employee and the
county over the interpretation or application of the personnel code,
regulations or policies.
The procedure by which a grievance is processed or an appeal
of a disciplinary action is taken.
The first appointment of an employee to a budgeted position
in the classified service.
A licensed physician designated by Harford County and/or
its contract provider.
Pay and classification plan, adopted by the County Council.
An employee hired on a regular basis but whose hours of work
are less than that of a full-time employee.
A job having a group of current duties and responsibilities
assigned or designated by competent authority, held by a single employee.
A position may be vacant or occupied.
A working period during which the employee does not have
classified status.
A change from one classification to a classification with
a higher grade.
A test or series of tests approved by the Director of Human
Resources to determine the relative fitness of applicants for positions
in a specific class.
To reassign a position from one classification to another
or to redefine the position so as to more appropriately reflect the
duties of the position, which may be at a higher or lower grade or
the same salary grade as the former position.
The appointment of a person for a maximum of ninety work
days for the purpose of preventing the stoppage of public business.
The voluntary or involuntary movement of an employee from
his present position to a comparable position in the classified service,
with or without a change in compensation.
A working period following promotion, during which the employee
has classified status, accrues and may use accrued leave.
A.
The Director of Human Resources shall be responsible
for the interpretation and administration of the approved pay plan
and the application of this Article.
(1)
Investigation. The Director of Human Resources may
investigate any personnel matter and may compel, by subpoena, the
attendance of witnesses and require the production of records and
other materials in connection with any investigation.
(2)
Maintenance. The Director of Human Resources shall
be responsible for conducting periodic reviews of the pay plan and
making recommendations to the Personnel Advisory Board.
B.
If a classification does not exist, the Director of
Human Resources shall recommend to the Personnel Advisory Board the
establishment of a new classification for its approval, adoption,
and inclusion in the pay plan.
C.
The abolition or creation of any classification in
the pay plan must be approved by the Personnel Advisory Board.
D.
Any changes or additions to the pay plan shall become
effective only after approval by the County Council.
E.
Temporary positions and classifications may be established
as required to comply with state and federal grants and do not have
to be in the approved pay plan for employees. Employees occupying
these positions shall be governed by the terms of their contracts
and grants.
F.
The original official copy of all classification specifications
in the pay plan shall be maintained in the office of the Director
of Human Resources.
G.
At least once every 3 months the Director of the Department
of Human Resources shall file with the County Council a written report
summarizing:
(1)
The current number of county employees;
(2)
The number of employees hired since the previous report;
(3)
The number of contractual and temporary employees
hired since the previous report;
(4)
The number of retirements and terminations since the
previous report;
(5)
The amount of leave, by category, used since the previous
report; and
(6)
Any other information the Director considers relevant.
A.
Salaries and wages. The county shall compensate employees
according to the pay plan, unless otherwise specified by law. Employees
shall be paid bi-weekly.
B.
In-grade pay increases may be awarded for classified
employees; an employee is eligible for such increases only when a
satisfactory or better overall performance rating has been recorded
by the employee's department head to the Director of Human Resources.
If eligible, a classified employee may receive an in-grade increase
as of July 1 following the employee's anniversary date.
C.
Other rates of compensation:
(1)
Shift differential. The county shall pay shift differential
to designated employees who work a qualifying shift in accordance
with and at the rate established by the Director of Human Resources.
The county shall not pay shift differential to employees who are on
paid leave.
(2)
Working out of classification/acting capacity pay.
(a)
An employee who meets the existing qualification
standards required to perform the assigned duties may temporarily
perform duties in a classification for which the rate of pay is higher
than that of the employee's classification for any of the following
reasons:
[1]
The temporary absence of an incumbent, including
but not limited to the incumbent's use of approved annual, sick, disability
or other leave;
[2]
A vacancy for which normal recruitment procedures
have been unsuccessful; or
[3]
An increased workload which necessitates assignment
of duties at a level higher than that of the employee's classification.
(b)
An employee working out of classification shall
be paid in accordance with the rates established by the Director of
Human Resources.
[1]
The employee may be required to work out of
classification for a maximum period of forty-five (45) working days;
said period may be extended upon written request of a department head
and with the approval of the Director of Human Resources.
(3)
Overtime pay; exceptions.
(a)
List of positions to receive overtime payments.
The Director of Human Resources shall determine the classifications
for which overtime payments are mandatory in accordance with the Fair
Labor Standards Act, 29 U.S.C., Section 201, et seq., and as amended.
(b)
Computation of overtime payments.
[1]
The Director of Human Resources shall assure
that overtime payments are made at straight time for time worked up
to and including forty (40) hours per week. Time worked in excess
of forty (40) hours per week shall be at a rate of one and one-half
times the employee's normal hourly wage.
[2]
The overtime rate shall also be paid for work
on a holiday, work on scheduled regular days off, and work performed
on a scheduled leave day provided that said leave was scheduled and
approved at least ten (10) working days in advance.
[3]
Upon written request of the department head,
the Director of Human Resources may adopt alternate work schedules
as permitted by the Fair Labor Standards Act, 29 U.S.C. § 201,
et seq., and as amended, for the purpose of determining overtime compensation.
[4]
Overtime distribution. Distribution of overtime
shall be in accordance with the policies set by the Director of Human
Resources.
(4)
Call-in pay.
(a)
An hourly employee called on duty to do emergency
work will be paid at the regular rate for the actual time worked,
but in no event shall less than four (4) hours straight time be paid
for the first call-in.
(b)
If the hours worked during such call-in, in
addition to the hours worked by the employee during the balance of
the work day, exceed eight (8) hours in aggregate total for the work
day, the employee shall be paid whichever is greater.
(c)
Call-in time provisions will not apply if an
employee is notified at least twelve (12) hours before his/her new
established starting time. An employee shall receive the benefits
of the call-in pay for the first call-in within a consecutive 24-hour
period only. For subsequent call-ins, time actually worked will be
paid at the rate established for overtime (time and a half) in any
24-hour period.
(d)
A regular scheduled holiday will be considered
as a work day.
(e)
Any natural phenomenon (snow, sleet or icing, etc.) which necessitates "calling" forces in prior to the regular starting time shall not be treated under this section but as regular overtime under Section 38-32C(3)(b)[1].
A.
Filling of vacancies.
(1)
Vacancies in the classified service will be filled based upon the merit and fitness of the applicant, and in the event that an existing employee has substantially the same qualifications as the most qualified external applicant(s), if any, the existing employee shall be given preference. Promotions (see Section 38-35) shall be on a competitive basis.
(2)
Announcements for vacant positions. Announcements
for vacant positions in the classified service system shall be published
and posted on bulletin boards in all departments and in such other
places as the Director of Human Resources deems advisable. Announcements
shall specify the title, grade and salary range, minimum requirements
for the position, time, place and manner of making application and
other pertinent information. Where an existing list of qualified eligible
applicants exists, no posting is required.
(a)
Filing applications. A person seeking appointment
to a position in the classified service shall file with the Director
of Human Resources an application on the Director of Human Resource's
prescribed form. The application may be modified for current employees
applying for a vacant position.
(b)
Rejection of applications.
[1]
The Director of Human Resources shall notify,
in writing, any applicant whose application is rejected under this
section, specifying the cause for the rejection of the application,
and shall, upon the request of the applicant, give an opportunity
to show cause why his application should not be rejected.
[2]
The Director of Human Resources may reject an
application for cause. Any of the following shall be deemed sufficient
cause for rejecting an application, though rejection may be made for
other causes permitted by law:
[a]
The applicant is found to lack any of the preliminary
requirements as prescribed in the classification specification;
[b]
The application was not filed before the advertised
closing date for receiving applications;
[c]
The applicant is physically, mentally, or morally
unfit for the performance of the essential functions of the position
to which the applicant seeks appointment;
[d]
The applicant is currently addicted to the habitual
or excessive use of drugs, narcotics, or currently addicted to intoxicating
beverages;
[e]
The applicant has been dismissed from public
or private service for delinquency or misconduct;
[f]
The applicant has knowingly made a false statement
in the application, or in a previous examination, or has withheld
any material fact;
[g]
The applicant is not within the prescribed age
limit;
[h]
The applicant was previously in the classified
service and was removed for cause or did not resign in good standing;
or
[i]
In the case of a promotional examination, the
employee evaluation or attendance record are not satisfactory.
B.
Examination. All applicants for positions may be required
to take an aptitude, skills and/or performance test to determine their
eligibility for the position. The scope, composition, and ranking
on said tests to be determined by the Director of Human Resources;
when required, these examinations may include medical examinations,
and tests, written or oral, designed to show the ability of competitors
to perform the essential functions of the positions to which they
seek appointment and shall include any tests of manual skill or technical
knowledge or the actual doing of typical tasks which are required
of employees in the class. The Director of Human Resources may require
tests of the bodily condition, muscular strength, agility, and physical
fitness of competitors. These tests may be used only to determine
whether competitors can perform the essential functions and duties
of the positions to which they seek appointment, consistent with the
provisions of the Americans with Disabilities Act 42 U.S.C. 12101,
et seq, as amended.
(1)
On all examinations to determine the qualifications
of an applicant entitled to preferential credits under this section,
the Director of Human Resources shall allow the applicant credit for
all valuable military experience. The Director may also allow such
credit for applicants who were not compensated for their military
experience.
(a)
Veterans and spouses of veterans - In this subsection,
"eligible veteran" means a veteran of any branch of the Armed Forces
of the United States who has received an honorable discharge or a
certificate of satisfactory completion of military service; and who:
[1]
During a period of war, served at least 90 calendar
days in the military service or was released from military service
before serving 90 days because of a service-connected disability;
[2]
During peacetime, served at least 181 calendar
days of continuous active duty in military service or was released
from military service before serving 181 days of continuous active
duty because of a service-connected disability.
(b)
The Director of Human Resources shall allow
an applicant the following credits on all examinations, provided however,
that on examinations testing the ability to operate mechanical equipment,
the applicant must receive a passing score in order to receive the
credit:
[1]
Five percent of the applicant's total score
on the examination if the applicant is an eligible veteran who does
not have a service-connected disability;
[2]
Ten percent of the applicant's total score on
the examination if the applicant is an eligible veteran who has a
service-connected disability or who has been awarded a Purple Heart;
or
[3]
Ten percent if the applicant is:
(c)
Any credit provided for under Subsection B(1)(b) of this section may be allowed only for purposes of determining the standing of an applicant on a list of eligible candidates for which the applicant is otherwise qualified.
(d)
If an eligible veteran is convicted of a felony
the veteran and/or the veteran's spouse is ineligible for any credit
under this subsection.
(e)
An employee who leaves the classified service
to enter a branch of the Armed Forces shall be reinstated to the same
position or given a position involving similar duties, classification
and pay, provided that the employee:
(3)
Nondiscrimination.
(a)
Classified service employees shall be selected
without regard to political considerations, except that political
belief or affiliation subversive to the laws of the United States
and/or the State of Maryland is disqualifying.
(b)
There shall be no discrimination against any
person seeking employment or employed in a classified position because
of any consideration of political, religious affiliation or belief,
race, gender, national origin, marital status or qualifying disability.
(c)
Prior conviction of a felony or crime involving
moral turpitude or loss of citizenship shall disqualify an applicant
from employment or promotional opportunities; lesser crimes, may,
in the discretion of the Director of Human Resources, be cause for
disqualification from employment or promotional opportunities.
(4)
Interpretations. The Director of Human Resources is
authorized to render any interpretations concerning certification
and appointment matters, consistent with this Code, subject to the
review of the Personnel Advisory Board.
C.
Certification of eligibles. The Director of Human
Resources shall certify to the appointing authority:
(1)
The names of persons on the eligibility lists for
the classifications in which there are vacant positions; or,
(2)
In the case of training or promotional vacancies,
names of the employees who are eligible to receive training or, who,
having completed said training, are eligible for promotion to a classification,
whether or not a vacant position exists at the time of certification.
A.
Eligibility.
(1)
Eligibility lists for on-the-job training. The Director
of Human Resources may establish a list of current, full-time classified
employees who have successfully completed their probationary periods
who are eligible for entry into training programs for existing or
future positions. Length of service will determine eligibility for
training.
(a)
In order to be placed on this list, an employee
must:
[1]
Have a good attendance record. An employee will
be ineligible for placement on said list if he or she has been placed
on supervised sick leave within three (3) months from the date of
said application.
[2]
Be in good physical condition. Except as otherwise
provided by law, an employee will be ineligible for placement on said
list based on a medical condition which restricts his or her ability
to perform the essential functions of the employee's current position.
[3]
Have received a "satisfactory or better" rating
on the employee evaluation preceding the date of said application;
an employee will be ineligible for placement on said list if the employee
has been subject to disciplinary action resulting in a suspension
within the year preceding the date of application.
B.
Certification.
(1)
Following completion of said training program, the
employees will be tested in accordance with standards to be set by
the Director of Human Resources.
(2)
Employees who have satisfactorily met the requirements
of said testing program shall be certified by the Director of Human
Resources as qualified for the position for which the training has
been completed. A list of employees who have been certified as eligible
shall be maintained for a period of two (2) years.
C.
Vacancies; certification. At the time that the vacancy for that position occurs, the Director of Human Resources shall provide the department head with a list of qualified employees. At the time that such vacancy occurs, the employees on such list must continue to meet the criteria specified in Section 38-34A(1)(a). Said employee will also be subject to the criteria contained in Section 38-34B(2).
A.
Promotion - An employee may be promoted from the employee's present classification to a classification in a higher grade under the procedures outlined in Section 38-33A(2) or pursuant to a career ladder progression as defined by the Director of Human Resources and as approved by the Personnel Advisory Board.
B.
Change of assignment. The department head may re-assign an employee from a position in a given classification to another position in the same class within the department. An employee objecting to the reassignment shall request a review of the action with the Director of Human Resources. An appeal of the action may be made to the Personnel Advisory Board under Section 38-44C(3).
C.
Transfer. The transfer of a classified employee from
one position, department or location to another may be voluntary or
involuntary.
(1)
Voluntary transfer. Any classified employee may apply
to the Director of Human Resources for transfer from the position
which he/she holds to a position of the same classification in another
department or location, stating the reasons for the transfer. A copy
of the letter shall be sent to the department heads involved by the
Director of Human Resources. If the Director of Human Resources believes
the transfer would be for the good of the service, the employee's
name shall be placed upon a transfer list of eligibles and may be
certified for appointment to any vacancy in the same classification
or to a position similar to the one held by the employee.
(a)
The department heads shall reply to the Director
of Human Resources, who will notify the employee of the status of
the request.
(b)
If more than one employee applies for a transfer
to an existing vacancy, and all applicants equally meet all qualifications,
the employee with the greatest seniority shall be granted the transfer.
D.
Demotion.
(1)
Involuntary demotion.
(a)
A department head may submit to the Director
of Human Resources a written recommendation for the demotion of an
employee, and shall provide the employee with a copy.
(d)
The employee may appeal the proposed demotion
to the Personnel Advisory Board.
(e)
The department head shall enforce the decision.
(2)
Voluntary demotion. A voluntary demotion without prejudice
may be granted by the Director of Human Resources, upon the recommendation
of the department head together with the voluntary written consent
of the employee.
(a)
Voluntary demotion in case of loss of special
job skills. An employee who has lost his/her driving privileges may
be separated from service or demoted to a position where the employee's
other skills may be utilized, if such a position is available. When
the privileges are reinstated, the employee may be eligible for reinstatement
to the employee's former position, or a comparable position.
E.
Resignation. A resignation is a voluntary act of the
employee. An employee shall submit his/her resignation no later than
fourteen (14) calendar days prior to the effective date of same.
B.
A classified employee who is reached in a reduction
in force may be offered a transfer to another department or location
in the employee's area of specialization or a demotion to a position
within said area of specialization. An employee who refuses such offer
shall submit the rejection in writing.
C.
Employees affected by the reduction in force shall
be notified in writing of the proposed action at least thirty (30)
days prior to the effective date of such action.
D.
Prior to the reduction in force, the number of positions
by job title shall be submitted to the Director of Human Resources,
who shall review and determine the action to be taken, subject to
the approval of the Personnel Advisory Board.
[Amended by Bill No. 09-35]
E.
Recall.
[Added by Bill No. 09-35[1]]
(1)
No new employees, unless otherwise provided herein, shall be hired
until employees on layoff status who are qualified to perform the
duties assigned have been offered the opportunity to return.
(2)
Employees shall be recalled from layoff in reverse order from their
separation from service. However, classifications available within
a bargaining unit shall be first offered to displaced employees within
that bargaining unit, regardless of date of separation from service.
(3)
Any recalled employee shall be subject to the terms and conditions
of the recalled classification.
(4)
An employee recalled into a classification in the same grade as the
classification from which displaced shall be paid at the same hourly
rate in effect at the time of the employee's displacement.
(5)
An employee recalled into a classification of a lesser grade than
the grade from which displaced shall be paid at either the hourly
rate in effect at the time of the employee's displacement or the maximum
hourly rate for the lesser grade, whichever is lower.
(6)
Any employee recalled may request within 120 calendar days of recall
to be separated from service and placed back on the recall list. The
employee shall retain the original date of separation from service.
An employee who elects to return to the recall list shall not be eligible
for recall until all other eligible employees on the recall list are
offered the opportunity to return.
(7)
A displaced employee's right to recall shall not exceed 3 years from
the original date of separation from service.
(8)
Notwithstanding the provisions of this section, the following provisions
shall apply to a grant-funded or nonstandard position, which is defined
as a nonclassified position that does not have regularly scheduled
hours, a position that is seasonal in nature or a position that is
regularly scheduled for 20 hours per week or less:
[1]
Editor’s Note: This bill also provided that it shall
be construed retroactively and applied to and interpreted to affect
employee layoffs on or after 7-1-2009.
A.
Probation.
(1)
Upon appointment all employees shall be subject to
a probationary period. Once a probationary period has been satisfied,
the employee will not be required to serve any further probationary
period, except an additional period may be established for disciplinary
reasons, and upon promotion, an employee may be required to serve
a trial period, said period to be limited to ninety (90) days. The
Director of Human Resources shall determine the positions which shall
be subject to such trial periods and the employee shall be notified
at the time of application or promotion to said position. If, following
evaluation at the close of said period, at the option of the employee
or the appointing authority, the employee may be deemed unqualified
or unsuitable for the position. At the employee's request, he shall
be returned to his former position, if said position is vacant. In
the case where the employee's former position has been filled, the
employee will be eligible for a vacancy of similar grade to the former
position.
(a)
With the exception of laborers, who shall be
subject to a three (3) working (active duty) month probationary period,
all employees in the classified service shall serve an initial six
(6) month probationary period.
(2)
A probationary status employee shall be retained beyond
the end of his or her probationary period and be considered a classified
employee after 6 working (active duty) months of probation if the
department head concerned certifies that the performance of the probationary
employee is satisfactory and recommends to the Director of Human Resources
that the employee be given classified status. However, a probationary
status employee assigned to the Division of Emergency Operations may
be subject to an extended probationary period not to exceed an additional
180 days, upon the approval of the Director of Human Resources. During
the extension, the probationary status employee shall be permitted
to utilize leave.
[Amended by Bill No. 01-27]
B.
Employee performance evaluation.
(1)
Evaluation. Annually, upon notice by the Director
of Human Resources, each department head shall submit to the Director
of Human Resources an employee performance evaluation form based on
a satisfactory or unsatisfactory rating.
(2)
When evaluating an employee's performance, the appointing
authority shall consider the employee's use of sick leave.
(3)
Performance evaluation confidential. All final performance
evaluations shall become a permanent part of an employee's personnel
record and shall be made available only to:
A.
Eligibility for earning leave. Leave time is earned
by full-time and part-time classified employees. Employees must be
either working or on approved leave on the day before or after to
receive holiday pay or working and/or scheduled to work on the day
that the administrative leave is permitted to receive administrative
leave. The application of this section is subject to the interpretation
of the Director of Human Resources.
B.
Holidays.
(1)
The following days are designated as regular holidays,
and employees excused from duty shall receive their full rate of pay
with no charge to leave:
|
New Year's day
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January 1
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Dr. Martin Luther King's birthday
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Third Monday in January
|
|
President's Day
|
Third Monday in February
|
|
Memorial Day
|
Last Monday in May
|
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Independence Day
|
July 4
|
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Labor Day
|
First Monday in September
|
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Veterans Day
|
November 11
|
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Thanksgiving Day
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Fourth Thursday in November
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Friday after Thanksgiving Day
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Friday after Thanksgiving Day
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Christmas Day
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December 25
|
(2)
In addition, any day designated by the County Executive,
or by the President of the United States of America or Governor of
the State of Maryland, and administratively approved as a leave day
by the County Executive.
(3)
All employees required to work on holidays eligible
for holiday pay shall be paid eight (8) hours straight time as holiday
pay plus one and one-half times their hourly rate for each hour worked.
C.
Personal leave.
[Amended by Bill No. 07-41]
(1)
In each calendar year a full-time employee is entitled
to 8 days of personal leave. An employee is not eligible to use personal
leave during the probationary period.
(2)
An employee may not accumulate personal leave from
calendar year to calendar year.
(3)
An employee may use personal leave in increments of
at least one-half day without obtaining prior approval, provided that
the employee notifies the employee's immediate supervisor not later
than 15 minutes after the employee's normal reporting or starting
time of the employee's intended use of personal leave. Employees using
personal leave for the second half of the work day shall notify the
immediate supervisor of his intention to use such leave within 15
minutes of the employee's normal reporting time. Employees may use
personal leave in hourly increments less than one-half day with the
prior approval of the employee's supervisor. Department heads may
adopt written policies concerning use of this leave in less than half-day
increments and notification later than 15 minutes after the employee's
normal reporting or starting time.
(4)
An employee scheduled to work on a county holiday,
or an employee who is assigned to an agency or institution which renders
a service that is provided continuously on a 7-day-a-week basis, may
not use personal leave without obtaining prior approval from the employee's
immediate supervisor. However, approval may be denied only if the
immediate supervisor determines that denial is necessary as a result
of a critical shortage of staff or under previously established, written
policy.
(5)
No prior approval is required in order for an employee
to use personal leave up to and including 2 days; notice of intent
to use said leave should be given as far in advance as possible but
in no event shall notice be given later than 15 minutes from the employee's
scheduled starting time. The use of personal leave in excess of 1
day does not relieve the employee of reporting his/her intent to use
said leave within 15 minutes of his regular starting time on the second
day, if said notice had not been previously given.
(6)
Separation from service. Upon retirement from county
service, the employee shall be paid for all unused personal leave.
Upon resignation, an employee shall be paid for up to 2 days of personal
leave.
D.
Annual leave.
(1)
Annual leave will be requested and approved in advance.
If, due to unusual circumstances, it is not possible to obtain prior
approval for such absence, a request may be submitted after the fact
for department head approval. If a department head does not approve
such request, he shall so inform the employee and record it as absent
without pay and so notify the Director of Human Resources. The period
of pre-approved annual leave may be extended by written request or
telephone call to the employee's supervisor provided that notice of
intent to extend leave is received by the supervisor two (2) work
days prior to the beginning of the extension. If the supervisor denies
said extension, said absence shall be charged as leave without pay.
The extension of said leave to be granted on a reasonable basis.
(2)
Annual leave shall not be granted nor used during
the probationary employment period. Any necessary absence, other than
absences based on medical reasons, during the probationary period
will be charged as leave without pay.
(3)
Accrual rate.
(a)
All regular full-time employees shall accrue
annual leave on the following basis:
[1]
Zero (0) through third years of service, inclusive:
twelve (12) days of annual leave per year, one (1) day per month.
[2]
Fourth through ninth years of service, inclusive:
fifteen (15) days of annual leave per year, one and one-fourth (1 1/4)
days per month.
[3]
Tenth through fifteenth years of service, inclusive:
twenty-one (21) days of annual leave per year, one and three-fourths
(1 3/4) days per month.
[4]
Over fifteenth year of service: twenty-four
(24) days of annual leave per year, two (2) days per month.
(b)
All regular part-time employees shall accrue
annual leave in proportion to time worked.
(4)
Maximum accumulation. A total of 40 days of annual
leave is the maximum that may be carried over from one calendar year
to the next.
[Amended by Bill No. 00-46]
(5)
Payment for unused annual leave. When an employee
is separated from or otherwise leaves the county service, he shall
be paid in a lump sum for such leave, not to exceed fifty-nine (59)
days.
(6)
Temporary employees. Annual leave shall not be granted
to temporary employees, nor shall they accrue or accumulate such leave.
E.
Sick leave.
(1)
Accrual rate. All regular full-time employees shall
accrue sick leave credits on the basis of one and one-fourth (1 1/4)
days for each full month of creditable service.
(2)
Maximum accumulation. There shall be no limit on the
amount of sick leave credits that can be accumulated.
(3)
Sick leave usage. Sick leave will be available only
in the following instances:
(a)
Actual illness or disability of the employee;
or
(b)
Necessary medical, dental or optical examination
and/or treatment. Normally such absences will be requested and approved
in advance and will not exceed one (1) day; or
(c)
Confinement to home because of quarantine, as
determined by authorized medical authority; or
(d)
Necessary medical, dental, optical treatment
or the illness of qualifying family members in accordance with standards
as established by the Director of Human Resources.
(e)
Immediately after obtaining permanent custody
of a child pending adoption. Any request for sick leave due to the
adoption of a child must be accompanied by corroborating documentation,
and such request must receive prior approval of the Director of Human
Resources. No employee shall be permitted to utilize accrued sick
leave for a period greater than six (6) weeks after obtaining permanent
custody of a child pending adoption.
(4)
Requests for sick leave. If an employee is unable
to report for duty because of illness, he shall notify his department
head as soon as possible, but not later than two (2) hours after the
time he was to report for duty. Any exception to this rule must be
approved by the department head. Failure to comply with this requirement
may result in a loss of pay for time off and subject the employee
to disciplinary action.
(5)
Normally an employee's personal certification will
be accepted for an absence of three (3) days or less. If a department
head has reason to believe that sick leave privileges are being abused,
he may, with the approval of the Director of Human Resources, require
the employee to furnish a medical certificate for any period of sick
leave.
(6)
Fitness for duty examination.
(a)
A department head may request the Director of
Human Resources to have a medical investigation made of any employee
who loses excessive time from employment because of illness or for
the purpose of determining whether an employee has any disability
which would prevent the employee from the proper performance of the
employee's duties. The request shall contain a record of absences
caused by the disability, ailment, illness or behavior of the employee
and the reason for the request.
(b)
If the Medical Review Officer conducting the
medical investigation determines that the employee is unable to continue
active employment in his/her current position, or the employee's continued
employment creates a danger to the employee or others, actions may
be taken:
[1]
To place the employee in a position more commensurate
with his/her capabilities;
[2]
For voluntary separation; or
[3]
The filing of written charges for removal. An
employee may be removed from the work site if his/her condition represents
a threat to the employee or others. If the Medical Review Officer
determines that the disability is correctable, consistent with the
provisions of this chapter, the Medical Review Officer shall determine
the time period in which the disability is to be corrected. The employee
shall be notified as to the specified time to correct the disability.
If the employee fails to take the steps required by the Medical Review
Officer or the Director of Human Resources, based on the recommendation
of the Medical Review Officer, within the time specified, the employee
shall be subject to disciplinary action, up to and including termination
from employment.
(c)
The Director of Human Resources may refer an
employee on sick leave to the Medical Review Officer or another physician
for periodical examinations to determine the nature and extent of
the illness, the employee's progress toward recovery, the length of
time necessary for recovery, and an estimated date of return to work.
F.
With the approval of the Director of Human Resources,
department heads may adopt additional requirements regarding the use
of annual or personal leave.
G.
Disability leave. An employee injured on the job shall
be reimbursed the difference between payments received under the State
Workers' Compensation Act and his regular, net salary at a rate of
one (1) weeks pay, for up to one (1) year's service and two weeks
pay for each year, or portion of years additional service. At the
expiration of the benefits, the employee may elect to use his/her
accumulated sick or annual leave.
H.
Military leave.
(1)
A military leave of absence shall be an excused leave
of absence granted if an employee is inducted, recalled to active
duty, enters active military duty voluntarily or is in the military
reserves or National Guard and is called to limited active duty, regular
training assignments, or extended training duty. Military leave may
be paid or unpaid.
(a)
Active military duty. A classified employee
who leaves county service to enter the Armed Services of the United
States voluntarily, by induction or reactivation shall be granted
military leave without pay. Such leave shall extend through ninety
(90) days after honorable discharge.
(b)
Members of the National Guard or military reserves
who are required to engage in regular/annual training exercises will
be granted military leave, with pay, for a period not to exceed a
total of 3 weeks in a federal fiscal year.
[Amended by Bill No. 11-11]
(c)
Members of the National Guard ordered to active
duty under the authority of the Governor shall be entitled to military
leave, with pay, for such time while actually serving under active
duty orders in addition to the three (3) week period specified in
Section (b).
(d)
Members of the military reserves, including
the National Guard, who are ordered into the active military service
of the United States shall be granted military leave without pay.
Such leave shall extend through thirty-one (31) days after release
from active duty.
(2)
Reinstatement. Upon satisfactory completion of military
service and timely notice of intent to return to work, an employee
will be reinstated to the employee's former position, or a comparable
position with similar status, compensation and benefit entitlement,
provided the employee is qualified to return to full-time duties.
(a)
Active military duty. Must reapply for employment
within ninety (90) days after being honorably discharged.
(3)
Benefits.
(a)
Annual and sick leave, as provided by this article,
will continue to accrue during the period that an employee is on military
leave under (1) (b), (c) and (d).
(b)
An employee may elect to use accrued annual
or personal leave instead of military leave by filing written notice
of their intent to do so with the Director of Human Resources.
I.
Civil leave.
(1)
An employee may be granted civil leave and excused
from duty, with pay, in the following circumstances:
(2)
Any employee called for jury duty will be reimbursed
the difference between payments received as a juror and his regular
salary. Such leave shall not be deducted from any other leave earned
by the employee.
(3)
All other civil leave shall be subject to approval
by the County.
J.
Funeral leave.
(1)
Permission for funeral leave or conditions caused
by death in the immediate family for a period of up to three (3) work
days with pay shall be granted at the discretion of his or her supervisor.
One (1) day extra will be permitted for travel exceeding 150 miles
one way after the date of burial except when burial occurs on the
last scheduled work day or the first regular day off of the work period.
(2)
The "immediate family" is considered to be spouse,
father, mother, sister, brother, child or grandparent of the employee
and family of spouse in these relationships or, step-relationships
which qualify as immediate family, as determined by the Director of
Human Resources.
K.
Administrative leave. Leave time granted by order
of the County Executive or absence/lateness granted by the employee's
department head.
L.
Maternity leave.
(1)
Classified employees may use accrued sick leave for
any pregnancy-connected disability during their pregnancy until the
employee's physician certifies that the employee may return to work.
An employee must submit to her supervisor and the Director of Human
Resources, as soon as possible after the termination of the pregnancy,
a written certification from the attending physician specifying when
the employee will be physically able to return to work.
(2)
Employees may take up to a total of six (6) months
leave or leave without pay after the physician's certification that
the employee may return to work if they do not wish to return to work
as soon as physically able. If an employee does not use all accrued
sick leave while temporarily disabled due to maternity reasons, all
unused sick leave will be credited upon returning to work.
(3)
Anytime circumstances occur in a maternity illness
which are different from or do not conform in exact detail to the
general circumstances described in the above policies, they may be
interpreted and decided upon their individual merits by the Director
of Human Resources.
(4)
During an employee's leave, her vacancy becomes an
"obligated position" and shall be reserved for the employee until
her return to duty or resignation. If a replacement is required, such
replacement will be hired on a temporary appointment not to exceed
the period of leave. When the employee on leave is ready to return
to duty from maternity leave, she shall notify the Director of Human
Resources in writing of this fact and indicate the date of return.
She shall submit this notice at least fifteen (15) days in advance
of return date. Such notice shall include a medical certificate indicating
ability to return to duty and date. The person occupying the position
on a temporary basis shall be notified, in writing, of the termination
of her temporary appointment. Such notice to the temporary employee
shall be issued so that the employee will have at least seven (7)
calendar days' notice of separation. If for any reason the employee
does not intend to return to duty, her notice will be considered as
a resignation and be treated as such.
M.
Educational leave. A full-time classified employee
may be granted educational leave, with pay, for the purpose of taking
courses relating to the employee's work, said courses to be approved
by the appropriate department head and the Director of Human Resources.
A.
A department head, with the approval of the Director
of Human Resources, may grant a classified employee a leave of absence
without pay for a period not to exceed one (1) year. The approval
and grant of such leave of absence without pay shall be based on the
fact that there is a reasonable assurance that the employee will return
to duty and that such absence will be of benefit to the employee and
to the county. The conditions and procedure for exercise of said leave
shall be established by administrative policy.
B.
Failure of employee to return to duty from leave of
absence without pay shall be construed as a resignation effective
on the last day of approved leave of absence.
A.
Death benefits. Upon death of a classified employee
while in active service, his designated beneficiary shall be paid
all accumulated annual leave. In addition, the employee's spouse or
designated beneficiary shall be paid fifty percent (50%) of accumulated
sick leave and four (4) weeks severance pay. If there is no designated
beneficiary, annual leave only shall be paid to decedent's estate.
B.
Retirement. At the time of retirement, fifty percent
(50%) of the employee's accumulated sick leave will be granted as
severance pay and shall be paid at the accrual rate at the time of
retirement.
A.
Hours of work.
(1)
Offices will open at 8 a.m. and close at 5 p.m., or
as determined by the County Executive.
(2)
Any department requiring a twenty-four-hour-per-day
or 7 day per week operation may schedule shifts for its employees
as required.
(3)
Innovative work schedules may be established by the
department head, subject to the approval of the Director of Human
Resources, to meet the needs of the department. Such schedules shall
be subject to the requirements of the Fair Labor Standards Act, 29
USC, Section 201, et seq, and as amended.
B.
Lateness.
(1)
Crew Chiefs are authorized to excuse any lateness
up to seven (7) minutes by initialing the time card. If excused, and
therefore not subject to disciplinary action, said employee shall
be paid for such lateness; if not excused, said employee shall not
be paid for said period of absence and may be subject to disciplinary
action.
(2)
Supervisors are authorized to excuse any lateness
up to fifteen (15) minutes by providing the justification in writing
to the payroll sections of their departments. The lateness may be
charged as administrative leave or excused and therefore not subject
to disciplinary action, but unpaid.
(3)
For anticipated lateness beyond fifteen (15) minutes,
employees must call in and, prior to the end of the work day, must
fill out a leave slip for the amount of time lost. The department
head may grant administrative leave for such lateness.
(4)
Under no circumstances will anyone change or alter
the supervisor's decision without consulting the individual or individuals
and Crew Chief involved.
A.
General. It is the policy of the department to facilitate
public access to the records of the department when this access is
allowed by law, by minimizing costs and time delays to persons requesting
information. It is also the policy of the department to safeguard
the privacy of employees by restricting access to records when access
is denied or restricted by law.
B.
Definitions. The following terms used in this chapter
have the indicated meanings:
|
"Act" means the Public Information Act, MD.
State Gov't Code Ann. § 10-611 et. seq.
|
|
"Applicant" means any person requesting disclosure
of public records.
|
|
"Department" means the Department of Human Resources.
|
|
"Departmental custodian" means each division
director of the Department who is responsible for the maintenance,
care, and keeping of public records.
|
|
"Personnel file."
|
(1)
"Personnel file" means any record, regardless of physical
form, indexed by name or the employee's identification number.
C.
Requests to inspect or copy.
(1)
Any person may request to inspect any public record
in the custody and control of the Department. The departmental custodian
may require that the request be in writing.
(2)
An applicant may request in writing a copy of a record.
(3)
In a written request, the applicant shall show his
or her name and address, shall sign the request, and shall reasonably
identify by brief description the record sought.
(4)
The applicant shall address a written request for
a record in the custody and control of the Director of Human Resources.
D.
Response to requests. If the request or any portion
is denied, the custodian shall respond to the applicant within ten
(10) working days.
E.
Personnel files.
(1)
Any current or former employee, or that employee's
authorized representative may inspect and request copies of the personnel
file maintained by the Department for that employee.
(2)
Any elected or appointed official or employee who
supervises an employee may inspect and request copies of the personnel
file maintained by the Department for any employee actually supervised
by that official.
F.
Medical records. Records maintained with respect to
any employee shall be available only to that employee or an authorized
representative.
G.
Testing records. Any person who has taken a written
promotional examination may inspect but not copy or reproduce that
examination and the results of it within sixty (60) days following
the conduct and scoring of the examination.
H.
Trade secrets; confidential data. A person may not
inspect or copy any information which constitutes a trade secret or
confidential commercial or financial data in the custody and control
of the Department.
I.
Privileged information. A person may not inspect or
copy any information which is privileged by law.
J.
Letters of reference. A person may not inspect or
copy letters of reference in the custody and control of the Department.
K.
Protection of privacy and confidentiality. Any person
entitled by law to inspect or have copies of any records set forth
in Section E through J of this chapter shall, before inspection:
L.
Notification of persons who may be affected by disclosure.
Unless prohibited by law, the Director of Human Resources, in his
discretion, may notify any person who could be adversely affected
by disclosure of a record to the applicant that a request for inspection
or copying of the record has been made. The Director of Human Resources
may consider the views of these persons before deciding whether to
disclose the record to the applicant.
M.
Bulletin board. The Director of Human Resources will
maintain an official bulletin board open to the public in his offices,
upon which shall be posted all notices required by law or regulation
and such other notices as appropriate.
B.
Prohibitions. Disciplinary actions shall not be permitted
based on an employee's religious or political affiliations.
C.
Progressive. Disciplinary actions shall be progressive
in nature and appropriate to the nature of the violation.
D.
Appeals. Disciplinary actions subject to appeal shall be processed through the grievance procedure, as established in Section § 38-44.
E.
Disciplinary suspensions.
(1)
Grounds. Department head may suspend an employee without
pay for disciplinary purposes for grounds as defined herein. Suspension
shall be for consecutive working days.
(2)
Notice. The department head shall give written notice,
stating the charges and duration of the suspension, to the employee
and a copy shall be forwarded to the Director of Human Resources.
F.
Discharge. Dismissals are made for grounds as defined
herein, including but not limited to delinquency, misconduct, inefficiency
or inability to perform the work of the position satisfactorily. Dismissals
of classified employees shall be recommended by the department head
to the Director of Human Resources for final approval unless the Director
of Human Resources conducted the investigation of the matter. In such
cases no recommendation from the department head is necessary, but
the Director of Human Resources shall discus the dismissal with the
Director of the employee's department and record the Department Director's
opinion on the dismissal before dismissing the employee. No dismissal
of a classified employee shall take effect until the employee is provided
a written statement setting forth the reasons therefore and the appeal
rights. An employee who has been dismissed shall be paid for accumulated
annual leave; there will be no compensation for accumulated sick leave,
and the employee shall not have reemployment rights.
G.
Grounds. Disciplinary actions may be imposed for just
cause, including, but not limited to, the following:
(1)
Incompetency, incapacity or inefficiency in performance
of duties.
(2)
Violation of law, official rules, regulations, written
policies or written procedures.
(3)
Insubordination.
(4)
Conviction of a felony; or conviction of a misdemeanor
involving moral turpitude.
(5)
Negligence in performing duties.
(6)
Conduct unbecoming an employee of the county.
(7)
Conduct subversive to the laws of the county, state
or United States of America.
(8)
Conduct detrimental to the efficiency or morale of
the service.
(9)
Misuse of public funds or public property.
(10)
Falsifying reports or records.
(11)
Using alcohol or controlled dangerous substances while
on duty or reporting to work under the influence thereof.
(12)
Promoting or participating in a strike, work stoppage
or slowdown.
A.
Procedure. In the event any grievance arises, such
matters shall be adjusted according to the following procedure.
B.
Forms shall be furnished by the county and shall be
the only form used for a grievance.
(1)
Page 1 of the grievance form must be signed by the
aggrieved employee. An employee filing a formal grievance shall be
responsible for the timely filing of the initial grievance and all
appeals.
(2)
The department head and Department of Human Resources
shall, upon receiving the grievance, "in date" stamp the face of their
copy.
(3)
The original written reply shall be attached to the
original of the grievance form and returned to the employee.
C.
Procedure for presentation of grievances.
(1)
The employee shall first discuss his grievance with
his immediate supervisor within five (5) days of the incident subject
to the grievance/appeal. The supervisor shall respond within five
(5) days of meeting.
(2)
If the grievance is not resolved at this stage, the employee may, within five (5) days from the supervisor's response, file a written complaint to his department head, who shall review the request and within five (5) days of issuance of the written complaint assign a future date for the hearing and issue a written response to the employee within ten (10) days of that hearing. If the complaint is not resolved at this stage, the employee may, within five (5) days from that written response, file a written request to the Director of Human Resources, who shall review the request and, within ten (10) days from receipt of said request, assign a future date for the hearing. Upon the request of any party to the hearing, the Director of Human Resources may compel, by subpoena, the attendance of necessary witnesses, documents or records. The Director of Human Resources shall issue a written response to the employee within ten (10) days of that hearing. If the complaint is not resolved at this stage, the employee may, within five (5) days from that written response, appeal the decision of the Director of Human Resources to the Personnel Advisory Board, subject to the limitations set forth in Section 38-44F.
(4)
An aggrieved employee may file an appeal before the Personnel Advisory Board and a hearing will be scheduled regarding demotions, suspensions, or dismissals as permitted in Section 38-44F. The appeal must be filed in writing within five (5) days of the action of the Director of Human Resources or the appointing authority. In all other cases, including grievances, after development of a record, an employee's appeal must be reviewed and a hearing may be granted at the discretion of the Personnel Advisory Board if it is believed that the record is incomplete or inconsistent and requires oral testimony to clarify the issues. If the Board denies the request for a hearing, a decision on the appeal must be rendered on the record provided and any written argument submitted by the parties. However, if so requested by the employee or the county, the Personnel Advisory Board shall permit both parties to present oral argument in lieu of written argument. If a hearing is granted, it shall, at the request of the aggrieved employee, be public, and the Board shall docket any hearing requested within thirty (30) days following receipt of the employee's request. The Personnel Advisory Board may compel, upon the request of any party to the hearing, by subpoena, the attendance of necessary witnesses or the production of any documents or records. After a hearing before the Personnel Advisory Board, the Board may issue orders as it finds proper by the facts presented in the case. All data pertinent to the decision shall be subject to the scrutiny of the aggrieved employee or his designated representative.
(5)
The time limits in this section may be waived upon
mutual written agreement between the employer and the employee or
his designated representative or, at the request of the Personnel
Advisory Board, upon written notice to the parties. However, waiver
at any step by either party does not constitute a waiver at all steps,
nor imply intent to resolve the issue. All time limits must be complied
with unless expressly waived by both parties.
(6)
With 2 board members present the Personnel Advisory
Board may conduct the hearing upon the mutual agreement of both parties.
(7)
In case of any appeal to the Personnel Advisory Board,
its decision shall be final on all parties concerned.
D.
Efforts to resolve; bypass; consolidation. Both parties shall endeavor to resolve the grievance/appeal at the lowest possible level. By mutual written agreement, both parties may bypass one or more steps in the procedure set forth in Section 38-44C(2). By mutual agreement, both parties may consolidate related grievances/appeals and present them as a single action.
E.
Time limits; extensions. Failure of management to respond within the time frames set forth in Section 38-44C(2), constitutes a denial; the employee may appeal. Failure of the employee to file an appeal in response to any level of this procedure constitutes acceptance. By mutual written agreement, both parties may extend the time frames.
F.
Nature. Except as otherwise provided in the Harford
County Charter or this chapter, an appeal from an employee in the
classified service shall be subject to the provisions of this subsection.
(1)
Jurisdiction.
(a)
Direct appeal to the Personnel Advisory Board.
[1]
Termination;
[2]
Suspension for gross misconduct, or life or
property-threatening action.
[3]
Appeals of disciplinary suspensions in excess
of three (3) days may, with the written consent of the parties, be
directly appealed to the Personnel Advisory Board. Disciplinary suspensions
of three (3) days or less shall not be subject to appeal to the Personnel
Advisory Board by either direct appeal or appellate review by the
Board.
(b)
Direct appeal to the Director of Human Resources.
[1]
Appeal of denial of salary increment based on
an unsatisfactory employee evaluation or unsatisfactory work performance
including, but not limited to unauthorized use of sick leave; the
decision of the Director of Human Resources shall be final as to all
parties.
[2]
Appeal of suspension of three (3) days or less;
the decision of the Director of Human Resources shall be final as
to all parties.
[3]
Appeal of disciplinary action including imposition of an oral or written warning or disciplinary suspension shall be heard by the department head in accordance with Section 38-44C, or, with the written consent of both parties, may be directly appealed to the Director of Human Resources; the decision of the Director of Human Resources shall be final as to all parties with the express exception that an appeal of the Director's decision in the case of disciplinary suspension in excess of three (3) days shall be appealable to the Personnel Advisory Board.
(c)
The Personnel Advisory Board may elect to hear
appeals from disciplinary actions resulting in suspensions of three
days or less or the imposition of written reprimands or may refer
such appeals to an examiner.
G.
Representation. Each employee shall be afforded an
opportunity to be represented at each of the steps in the grievance
procedure. Any employee and/or employee's representative shall have
time to investigate and present a grievance during the county working
hours with prior permission of his supervisor. Such permission shall
not be unreasonably withheld by the county. Grievance hearings shall
be held during working hours. There shall be no loss of pay or leave
to the grievant, his subpoenaed witnesses, or representative for the
time spent attending grievance meetings or hearings provided they
first receive permission to be absent from their immediate supervisor.
Such permission shall not be unreasonably withheld by the county.
The Personnel Advisory Board may schedule grievance hearings outside
of working hours.
