04-15-2024 Agenda Packet BOCPERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
MEETING AGENDA
304 South Morgan Street, Room 215
Roxboro, NC 27573-5245
336-597-1720
Fax 336-599-1609
April 15, 2024
9:00 a.m.
This meeting will convene in Room 215 of the County Office Building.
CALL TO ORDER………………………………………………….. Chairman Powell
INVOCATION
PLEDGE OF ALLEGIANCE
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
INFORMAL COMMENTS
The Person County Board of Commissioners established a 10-minute segment
which is open for informal comments and/or questions from citizens of this
county on issues, other than those issues for which a public hearing has been
scheduled. The time will be divided equally among those wishing to comment.
It is requested that any person who wishes to address the Board, register with
the Clerk to the Board prior to the meeting.
ITEM #1
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
A.Approval of Minutes of April 1, 2024 (pgs.4-26),
B.Budget Amendment #21 (pg.27),
C.Personnel Policy Amendment –The Person County Personnel Policy has been
reviewed by The Brough Law Firm, PPLC to ensure county policy complies with
all applicable federal laws, rules and regulations requiring the establishment of
merit personnel systems (N.C. General Statue 153A-77 (d)). Revisions are needed
to update language included in federal nondiscrimination law. Other minor
revisions are needed due to the creation of the Consolidated Human Services
Agency (pgs.28-102), and
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D.Written Order for SUP-02-24 – A request by the Applicant, the Towers, LLC,
and Property Owner, James Swayze, for Special Use Permit approval on an
±18.63-acre lot (Tax Map No. A80 111), located at 2094 Lawson Chapel
Church Rd., to allow the Lawson Chapel Church Rd. Tower (a telephone
transmitting tower) in an RC (Rural Conservation) zoning district, per Section
155 of the Planning Ordinance (pgs.103-107)
NEW BUSINESS:
ITEM #2 (pgs.108-109)
Donation and Request for Naming Rights of the County
Farm Park……………………………………………………….. John Hill
ITEM #3 (pgs.110-112)
Authorization to Spend Opioid Settlement Funds…………… Janet Clayton
ITEM #4 (pgs.113-116)
Person County Business and Industrial Center (PCBIC)
FY24 Funding Request………………………………………… Katherine Cathey
ITEM #5 (pgs.117-118)
Person County Business and Industrial Center (PCBIC)
FY25 Funding Request………………………………………… Phillip Allen
ITEM #6 (pgs.119-132)
Recreation Advisory Board Ordinance Amendment………… John Hill
ITEM #7 (pgs.133-173)
County Farm to Park Project: Contract Award
Recommendation……………………………………………….. John Hill
ITEM #8 (pg.174)
Sole Source Purchasing Exception for Phase II……………… Amanda Everett
ITEM #9 (pgs.175-176)
Human Services Building Purchase and Sale Contract……… Katherine Cathey
ITEM #10 (pg.177)
FY25-2029 Capital Improvement Plan (CIP)………………… Katherine Cathey,
Amy Wehrenberg
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
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CLOSED SESSION #1
A motion to enter into Closed Session #1 per General Statute 143-318.11(a)(3) for
the purpose to consult with the county attorney in order to preserve the attorney-
client privilege with the following individuals permitted to attend: County
Manager Katherine Cathey, Clerk to the Board Michele Solomon, County Attorney
T.C. Morphis, Jr., and Planning and Zoning Director Chris Bowley.
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate
by the Board.
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April 1, 2024
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PERSON COUNTY BOARD OF COMMISSIONERS April 1, 2024
MEMBERS PRESENT OTHERS PRESENT
Gordon Powell Katherine M. Cathey, County Manager
C. Derrick Sims Michele Solomon, Clerk to the Board
Kyle W. Puryear G. Nicholas Herman, County Attorney
Charlie Palmer
Jason Thomas
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, April 1, 2024 at 6:00 p.m.in the Commissioners’ Boardroom
215 in the Person County Office Building located at 304 S. Morgan Street, Roxboro, NC.
Chairman Powell called the meeting to order. Commissioner Sims offered an
invocation and Commissioner Palmer led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
A motion was made by Commissioner Palmer and carried 5-0 to approve the
agenda with the addition of Closed Session #1 per General Statute 143-318.11(a)(3) for the
purpose to consult with the County Attorney to preserve attorney-client privilege.
PROCLAMATION RECOGNZING APRIL AS CHILD ABUSE PREVENTION
MONTH
Social Services Director Carlton Paylor read a Proclamation recognizing April as
Child Abuse Prevention Month.
A motion was made by Commissioner Sims and carried 5-0 to adopt a
Proclamation recognizing April as Child Abuse Prevention Month.
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PROCLAMATION DESIGNATING APRIL 7, 2024 - APRIL 13, 2024 AS
NATIONAL LIBRARY WEEK
Library Director Kayli Reyna read a Proclamation designating April 7-13, 2024 as
National Library Week in Person County.
A motion was made by Commissioner Palmer and carried 5-0 to adopt a
Proclamation designating April 7-13, 2024 as National Library Week in Person County.
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PUBLIC HEARING:
CONSIDERATION OF APPROVAL OF PRIVATE ROADWAY HIGH SLOPE
TRAIL TO BE ADDED TO THE DATABASE FOR E-911 DISPATCHING
A motion was made by Commissioner Puryear and carried 5-0 to open the duly
advertised public hearing for Consideration of Approval of Private Roadway High Slope
Trail to be added to the Database for E-911 Dispatching.
GIS Director Sallie Vaughn presented. She stated that this location is just down the
road from the one she brought before the Board a month ago. She stated that the developer
is the owner of five parcels of land along an existing subdivision and has decided to develop
that property. She stated that this right of way will serve at least three homes and possibly
as many as five. She stated that based on the ordinance requiring addresses and road naming
in Person County, naming is required. She stated that public notice was made in the
newspaper and signage was placed at the location of the road to be named. She stated that
the name of the road, High Slope Trail was chosen by the developer. She stated that the road
name is compliant with all naming regulations in the ordinance.
There were no individuals appearing before the Board to speak in favor of or in
opposition to the Consideration of Approval of Private Roadway High Slope Trail to be
added to the Database for E-911 Dispatching.
A motion was made by Commissioner Thomas and carried 5-0 to close the public
hearing for Consideration of Approval of Private Roadway High Slope Trail to be added to
the Database for E-911 Dispatching.
CONSIDERATION TO GRANT OR DENY CONSIDERATION OF APPROVAL OF
PRIVATE ROADWAY HIGH SLOPE TRAIL TO BE ADDED TO THE DATABASE
FOR E-911 DISPATCHING
A motion was made by Commissioner Puryear and carried 5-0 to approve Private
Roadway High Slope Trail to be added to the Database for E-911 Dispatching.
QUASI-JUDICIAL HEARING:
SUP-02-24 – A REQUEST BY THE APPLICANT, THE TOWERS, LLC, AND
PROPERTY OWNER, JAMES SWAYZE FOR SPECIAL USE PERMIT
APPROVAL ON AN ±18.63-ACRE LOT (TAX MAP NO. A80 111), LOCATED AT
2094 LAWSON CHAPEL CHURCH RD, TO ALLOW THE LAWSON CHAPEL
CHURCH RD TOWER (A TELEPHONE TRANSMITTING TOWER) IN AN RC
(RURAL CONSERVATION) ZONING DISTRICT, PER SECTION 155 OF THE
PERSON COUNTY PLANNING ORDINANCE
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A motion was made by Commissioner Puryear and carried 5-0 to open the duly
advertised quasi-judicial hearing for SUP-02-24 – A request by the Applicant, the Towers,
LLC, and Property Owner, James Swayze, for Special Use Permit approval on an ±18.63-
acre lot (Tax Map No. A80 111), located at 2094 Lawson Chapel Church Rd., to allow the
Lawson Chapel Church Rd. Tower (a telephone transmitting tower) in an RC
(Rural Conservation) zoning district, per Section 155 of the Planning Ordinance.
Clerk to the Board, Michele Solomon administered the Oath of Sworn Testimony to
the following individuals who offered testimony during the quasi-judicial hearing:
Chris Bowley, Ralph Wyngarden, Jeremy Holt, and Michael Berkowitz
Planning & Zoning Director Chris Bowley shared the following presentation for
SUP-02-24 – A request by the Applicant, the Towers, LLC, and Property Owner, James
Swayze, for Special Use Permit approval on an ±18.63-acre lot (Tax Map No. A80 111),
located at 2094 Lawson Chapel Church Rd., to allow the Lawson Chapel Church Rd.
Tower (a telephone transmitting tower) in an RC (Rural Conservation) zoning district, per
Section 155 of the Planning Ordinance.
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Mr. Bowley presented Exhibit A: Aerial Photo showing the proposed property and location
where the tower will be placed.
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Mr. Bowley presented Exhibit B: Future Land Use Map showing rural designation for the
subject property and all surrounding properties.
Mr. Bowley presented Exhibit C: Zoning Map and advised the property is in the Rural
Conservation (RC) Zoning District.
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Mr. Bowley presented Exhibit D: Site Plan showing the tower straight down as a guy-wire
tower that is 305 feet with a 4 feet tall lightning rod for a total of 309 feet.
Mr. Bowley stated that this page of the site plan shows the tower.
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Mr. Bowley turned the presentation over to Ralph Wyngarden, who is here on behalf of
the Applicant, the Towers, LLC. Mr. Wyngarden presented the following.
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The following individuals appeared before the Board to speak in favor of during the quasi-
judicial hearing for SUP-02-24 – A request by the Applicant, the Towers, LLC, and
Property Owner, James Swayze, for Special Use Permit approval on an ±18.63-acre lot
(Tax Map No. A80 111), located at 2094 Lawson Chapel Church Rd., to allow the Lawson
Chapel Church Rd. Tower (a telephone transmitting tower) in an RC
(Rural Conservation) zoning district, per Section 155 of the Planning Ordinance.
Jeremy Holt of 13808 Sunrise View Drive, Charlotte testified that he did the site
acquisition and that the property owner Sylvia Crutchfield Swayze resides in Greensboro
and could not be here today. He advised that he is here on her behalf and read a letter that
she wrote to be presented to the Board. The letter read as follows:
“I regret to inform you that I am unable to attend the meeting. I am asking these
historical facts be stated prior to the Board’s decision. I, Sylvia Crutchfield Swayze, am a
third-generation landowner in Roxboro. As a child, I spent my summers on my
grandparent’s tobacco farm on Lawson Chapel Church Road. As a property owner, I
wanted to be a good neighbor. Although I reside in Greensboro, I have always wanted this
property to somehow benefit the greater community at large. About a year ago, we were
approached by a cellular representative and ultimately our land was selected for a potential
site that would provide cellular connectivity in the area that has poor to no service. This
agreement provides cell service for residents and visitors to Roxboro and the greater
Person County.”
A motion was made by Commissioner Sims and carried 5-0 to close the quasi-
judicial hearing for SUP-02-24 – A request by the Applicant, the Towers, LLC, and
Property Owner, James Swayze, for Special Use Permit approval on an ±18.63-acre lot
(Tax Map No. A80 111), located at 2094 Lawson Chapel Church Rd., to allow the Lawson
Chapel Church Rd. Tower (a telephone transmitting tower) in an RC (Rural Conservation)
zoning district, per Section 155 of the Planning Ordinance.
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CONSIDERATION TO GRANT OR DENY SUP-02-24 – A REQUEST BY THE
APPLICANT, THE TOWERS, LLC, AND PROPERTY OWNER, JAMES
SWAYZE FOR SPECIAL USE PERMIT APPROVAL ON AN ±18.63-ACRE LOT
(TAX MAP NO. A80 111), LOCATED AT 2094 LAWSON CHAPEL CHURCH RD,
TO ALLOW THE LAWSON CHAPEL CHURCH RD TOWER (A TELEPHONE
TRANSMITTING TOWER) IN AN RC (RURAL CONSERVATION) ZONING
DISTRICT, PER SECTION 155 OF THE PERSON COUNTY PLANNING
ORDINANCE
A motion was made by Commissioner Puryear and carried 5-0 to approve SUP-
02-24 – A request by the Applicant, the Towers, LLC, and Property Owner, James
Swayze, for Special Use Permit approval on an ±18.63-acre lot (Tax Map No. A80 111),
located at 2094 Lawson Chapel Church Rd., to allow the Lawson Chapel Church Rd.
Tower (a telephone transmitting tower) in an RC (Rural Conservation) zoning district, per
Section 155 of the Planning Ordinance.
INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Alan Booker of Rougemont stated that he is deeply disturbed by the lack of
communication and complete disregard and inability by the Board to demonstrate respect
for those they represent. He stated that although the Board may have moved on from the
Dominion Energy gas project, residents have not.
Rhonda Currier of 106 Shannon Court, Timberlake stated that the decision on
December 4, 2023 to approve the rezoning of 485 acres from rural conservation to heavy
industrial to allow Dominion Energy to build Moriah Energy Center, has been, and
continues to be, a nightmare for residents of this community. She stated to add insult to
injury, at the January 2, 2024 meeting, people were accused of not being Person County
residents, and being paid. She stated that she was at that meeting, and the people there
were Person County residents and not paid to be there. She stated that it was also stated
that the people were not civil. She stated the people were civil until the Board delivered a
gut punch by voting unanimously to pass the rezoning proposal without showing any
concern for what they heard from Person County residents. She stated that at the March
18, 2024 meeting that the Board approved a 25.6 -acre salvage yard operation and had
more questions and concerns over oil spillage than they had over the Dominion Energy
facility.
Liz Bradsher of 976 Estate Road, Semora thanked the Board for pursuing the DSS
issue. She spoke on matters related to Project Log located on Woodsdale Road. She stated,
from Phillip Allen to Sherry Wilborn, you hear that this project will be good for the
County.
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Bradsher stated that she hopes this is the case, as the process demonstrates a lack
of vetting on the project developer, Mason Day, and his partner and consultant Sherry
Wilborn. She stated that she believes that the Person County Business and Industrial
Center (PCBIC) and the Person County Board of Commissioners do not understand the
scale and scope of this project, because if they did, she would not be here today. She
stated that engineers employed by Norfolk Southern rail stated the site is not optimal for a
rail laydown yard due to the topography of the land. She stated that cost estimates are
between $12M and $14M, which suggests a private partner. She stated that Wilborn’s
timeline of business decisions to include the development of her LLC, her resignation
from the County, and the purchase of a warehouse used by Day, and Day’s NC LLC
registration, suggests that Wilborn used insider knowledge to gain personal benefit from
this project. She stated that this has been a plan for some time. She stated, according to the
conveyance signed in September 2023, the PCBIC conveyed 35 acres at a price of $1K
per acre. She stated that fair market value for each acre is $5K to $7K, which means a loss
of $140K for the PCBIC. She stated that we know that the PCBIC lost proceeds from the
timber, that the site plans were not submitted to the County, that there were State
Environmental and DOT concerns, and a noncompliance letter from the County was sent
to Day, Wilborn, and Allen in February. She stated that Project Log has been obstructed
from public view, and eventually will belong to Day and Wilborn, and they will decide
who can use the site and how it will affect Person County business. She stated that PCBIC
is a broken entity and separation from the County must take place.
Andrea Childers of 270 Blackberry Lane, Rougemont stated that she has been a
resident of Person County for 31 years. She asked the Board to consider reversing the
zoning decision that was made on December 4, 2023. She urged the Board to conduct an
Environmental Impact Study. She stated that the residents are still awaiting answers to
their questions that were submitted to Dominion Energy.
Katie Moore of 411 N. Lamar Street, Roxboro asked the Board to reverse the
zoning decision made on December 4, 2023 to permit the Moriah Energy Center. She
requested that the Board request an Environmental Impact Study and stated that the Board
and Dominion Energy are the only two entities that can request it to be done. She stated
that residents have yet to receive answers to the questions that were submitted to
Dominion Energy. She stated that she has heard no convincing information that this
facility would have any benefit to Person County.
Jill Hoffman of 260 BC Way, Rougemont stated that she had family over for
Easter and all had a good time and enjoyed the beautiful weather. She stated that she feels
that may have been the last time that she will be able to have an experience like this,
breathing fresh air, and enjoying the woods, hunting Easter eggs, based on the Boards’
decision on December 4, 2023 to allow this storage facility for natural gas to be put in her
backyard, less than 1,700 feet from the site. She stated that she would be able to see the
towers from her house, and they will look awful against the blue sky. She asked the Board
to reverse the rezoning decision.
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PJ Gentry of 541 Byrd Creek Lane, Hurdle Mills stated that the biggest issue with
the Board is transparency and openness. She stated that the people in this County are not
stupid; they are educated and smart. She stated that the lack of trust and accountability
will be the legacy of this Board.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Palmer and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of March 18, 2024,
B. Budget Amendment # 20,
C. Written Order for SUP-06-23 – A request by the Applicant and Property Owner,
Conner Perkins, for Special Use Permit approval on a ±5.8-acre lot (Tax Map No.
68 135) located at 1351 Jim Thorpe Highway, approximately 800 LF southwest of
the Jim Thorpe Highway/Allie Clay Rd. intersection, to allow for a
camper/recreational vehicle park within an R (Residential) zoning district, per
Section 155 of the Planning Ordinance, and
D. Written Order for SUP-01-24 – A request by the Applicant and Property Owner,
Matthew Brandon, Brandon’s Wrecker Service, Inc., for Special Use Permit
approval on a ±25.6-acre lot (Tax Map No. A58 192) located at 5022 Boston Rd.
to allow for a salvage operation/junkyard-commercial use in an RC (Rural
Conservation) zoning district, per Section 155 of the Planning Ordinance
NEW BUSINESS:
PERSON COUNTY BUSINESS AND INDUSTRIAL CENTER (PCBIC) FUNDING
REQUEST
Presented by PCBIC Vice President Scott McKinney. He advised that at the
February 20, 2024 Board meeting, Vice Chairman Sims stated that he had requested PCBIC
financial reports, and stated that PCBIC has upcoming bills, and that they would be coming
to the Board to request funding. McKinney stated that the PCBIC is requesting $10K from
the County to cover PCBIC’s expected costs through June 30, 2024. He stated that $8K
would be for incurred and expected legal expenses for projects, and $2K would be used to
clean up the entrance of the Industrial Park on Crown Boulevard. He stated that the County’s
contingency funds may be the most appropriate source for obtaining the money, or as
another option, funding through the County’s Economic Catalyst Fund. He asked the Board
not to take funding from the County’s Economic Development Department. He stated that
PCBIC has formed a subcommittee to develop a detailed request for a year’s worth of
funding and would present to the Board at the next scheduled meeting.
County Manager Katherine Cathey stated that she did not have a recommendation
on where to source the funding. She stated that there would need to be a written agreement
between the County and PCBIC that details the expectations for the use of the funds and for
PCBIC to give a report to the County when the money is spent.
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Commission Puryear stated it is his recommendation that the Board table this item
until the April 15, 2024 Board meeting to obtain a full recommendation on the funding
source and a written agreement prepared by the County Manager.
A motion was made by Commissioner Puryear and carried 5-0 to table this item
until April 15, 2024 in order to obtain a full recommendation on the funding source and a
written agreement prepared by the County Manager.
PRESENTATION OF FY2025-2029 RECOMMENDED CAPITAL
IMPROVEMENT PLAN (CIP)
Presented by County Manager Katherine Cathey. She stated that the CIP is an
important planning tool for our county to use. She stated that it reflects the Board of
Commissioners priorities for large capital projects that cost $50K or more per project for
Person County Government, Piedmont Community College, Person County Schools,
Person County Museum of History, and the Person County Senior Center. She stated that
there are many competing demands and priorities for County funds. She stated that in the
CIP, staff has worked hard to create a balanced plan with needs and priorities considered
within our logistical and financial constraints. She stated that the projects in this plan span
the next five years; however, the fiscal impacts will extend far beyond that. She stated that
projects that are financed incur debt service payments typically over a 15- to 20‐year
period; therefore, the full array of funding sources needed to support the projects as well
as potential impacts to future operating budgets are also presented. She stated that the
Board of Commissioners reviews the five‐year CIP every year, but only funds the projects
on an annual fiscal year basis. She stated that the CIP is presented as information only at
this meeting, and that staff proposes adoption of the CIP at the April 15, 2024 Board of
Commissioners meeting.
Chairman Powell stated that the report is good; however, he had a few questions.
He asked was there a need for all the Emergency Services Radio Systems to be replaced at
the same time, and questioned if they could be staggered. Cathey advised that the radio
systems have reached end of life and no longer supported. Finance Director Amy
Wehrenberg stated that all would need to be replaced at the same time, as the newer radios
would not be compatible with the current radio system. Powell stated that he would like to
see the addition of a new maintenance building for Person County Schools. He stated that
the current maintenance building at the corner of Leasburg Road and Winhaven Street was
constructed in 1940 or 1941 and used to house the school bus garage. He stated that the
portion of the building where surplus equipment to be sold is stored, is falling apart and in
total disrepair. He stated that he has checked into the cost for a new building, and it would
be $3M. Cathey stated that she would like a written request from the school system before
adding the project to the CIP. Powell advised he would discuss the request with the school
system.
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CHAIRMAN’S REPORT:
Chairman Powell reported that he attended the EDC/PCBIC meeting and there was
lots of discussion about what is going on economically in Person County. He stated that he
attended a ribbon cutting ceremony at Hall’s Way for NC Department of Health and Human
Services Employment Services for People with Disabilities. He reported that he met with
Ryan Combs, Research Triangle Regional Partnership (RTRP) Director, and a good
discussion was had about how Person County is being promoted in the RTRP Group, which
consists of about 12 counties. He reported that he attended the Tourism Development
Authority (TDA) Tourism Summit. He stated it was well presented and well attended.
MANAGER’S REPORT:
County Manager Katherine Cathey advised the Board of the need to schedule an
orientation for the board acting as the Consolidated Human Services (CHS) Board. She
stated that the Board will assume the responsibilities of the CHS Board on April 15, 2024.
She advised the Board of two options for orientation, April 16 or April 17, 2024. She stated
the orientation would be from 9:00 a.m.-11:00 a.m. with CCR Consultants. She stated that
light breakfast would be served at 8:30 a.m. She stated the location would be in the FEMA
room and would be open to the public. It was the consensus of the Board to schedule the
orientation for April 16, 2024.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Sims thanked those in attendance that came and expressed concerns
regarding issues within the county. He stated that he understands the sensitivity, especially
with the No MEC. He pointed out an individual in the audience holding a sign that read,
‘No Harm to Our Farms”. He stated that as a County Commissioner, he as well as the rest
of the Board, are not here to do any harm to the farms.
Commissioner Palmer reported that a bicyclist, a non-Person County resident who
rides Person County roads, was bitten by a dog on February 28, 2024 on Poindexter Road,
and that the bicyclist also encountered dogs on Berry Pearce Road. He stated that the same
bicyclist on March 14, 2024 was traveling on Ned Moore Road, and was chased and
cornered by two dogs. He stated a fourth occurrence happened on March 30, 2024 on Clay
Long Road, and the bicyclist was chased by two German Shephard dogs that tried to jump
on her bicycle. He stated that the bicyclist advised she may not return to Person County
because of the incidents that occurred. He stated that the County needs a stricter ordinance
for vicious dogs with increased fines and fees associated with it. He stated that it is an
absolute shame that people do not take responsibility for their animals.
Commissioner Puryear and Commissioner Thomas had no report.
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A motion was made by Commissioner Thomas and carried 5-0 to enter into Closed
Session #1 at 7:25 p.m. per General Statute 143-318.11(a)(3) for the purpose to consult with
the county attorney in order to preserve the attorney-client privilege with the following
individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board
Michele Solomon, and County Attorney Nick Herman.
Chairman Powell called the closed session to order at 7:26 p.m.
A motion was made by Commissioner Puryear and carried 5-0 to return to open
session at 7:49 p.m.
ADJOURNMENT:
A motion was made by Commissioner Puryear and carried 5-0 to adjourn the
meeting at 7:50 p.m.
_____________________________ ______________________________
Michele Solomon Gordon Powell
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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4/15/2024
Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
Public Safety 6,589
REVENUES General Fund
Other Revenues 989
Intergovernmental Revenues 5,600
Explanation:
Account Number Account Description
$Revenues
incr. (decr.)
(cr.) dr.
$Expenditures
incr. (decr.)
dr. (cr.)
100-389890 Miscellaneous Revs 989
1004370-435300 EMS-Maint & Repair/Vehicles 989
10025-336425 Animal Services-NC Dept of Agriculture 5,600
1004380-429000 Animal Services-NC Dept of Agriculture Grant 5,600
Totals 6,589 6,589
BUDGET AMENDMENT #21
Amend budget for receipt of insurance claim for EMS vehicle ($989) and recognize NC Department of
Agriculture Animal Shelter Support Fund Grant ($5,600).
BUDGET ADJUSTMENT
BA-2127
AGENDA ABSTRACT
Meeting Date: April 15, 2024
Agenda Title: Personnel Policy Amendment
Summary of Information: The Person County Board of Commissioners adopted a Resolution on
January 16, 2024 to establish a Consolidated Human Services Agency pursuant to G.S. 153A-77,
consolidating the Person County Department of Social Services and Veterans Services Office.
Effective April 15, 2024, the Consolidated Human Services Agency staff will operate under the
personnel policies of Person County, subject to the nine principles of the Federal Merit System, and
work at the direction of and under the supervision of the County Manager in accordance with NCGS
153A-77(e).
The Person County Personnel Policy has been reviewed by The Brough Law Firm, PPLC to ensure
county policy complies with all applicable federal laws, rules and regulations requiring the
establishment of merit personnel systems (N.C. General Statue 153A-77 (d)). Revisions are needed
to update language included in federal nondiscrimination law. Other minor revisions are needed due
to the creation of the Consolidated Human Services Agency. All recommended changes are reflected
in the attached red-lined version of the Personnel Policy.
Recommended Action: Approve the Personnel Policy Amendment, effective April 15, 2024.
Submitted By: Sonya Carver, Human Resources Director
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PERSON COUNTY GOVERNMENT
PERSONNEL POLICY
Person County Human Resources
304 S. Morgan Street, Room 203
Roxboro, NC 27573
336-597-1725
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PERSON COUNTY GOVERNMENT
PERSONNEL POLICY
Amended June 19, 2023; Effective 6/30/2023
Amended 4/15/2024
BE IT RESOLVED by the Board of County Commissioners for Person County that the
following policies apply to the appointment, classification, benefits, salary, promotion, demotion,
dismissal, and conditions of employment for the employees of the County.
Article Title Page
ARTICLE I. GENERAL PROVISIONS .......................................................................... 8
Section 1. Purpose of the Policy .......................................................................... 8
Section 2. Merit Principles .................................................................................... 8
Section 3. Responsibilities of the County Board of Commissioners………….….8
Section 4. Responsibilities of the County Manager .............................................. 8
Section 5. Responsibilities of the Human Resources Director ............................. 9
Section 6. Application of Policies, Plan, Rules, and Regulations ....................... 10
Section 7. Departmental Rules and Regulations ............................................... 10
Section 8. Definitions .......................................................................................... 10
ARTICLE II. POSITION CLASSIFICATION PLAN ..................................................... 13
Section 1. Purpose ............................................................................................. 13
Section 2. Composition of the Position Classification Plan ................................ 13
Section 3. Use of the Position Classification Plan ............................................. 13
Section 4. Administration of the Position Classification Plan ............................. 14
Section 5. Authorization of New Positions and the Position Classification Plan14
Section 6. Request for Reclassification .............................................................. 14
ARTICLE III. THE PAY PLAN ..................................................................................... 15
Section 1. Definition ............................................................................................ 15
Section 2. Administration and Maintenance ....................................................... 15
Section 3. Starting Salaries ................................................................................ 16
Section 4. Maximum of the Range ..................................................................... 17
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Section 5. Trainee Designation and Provisions ................................................. 17
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Section 6. Education and Certification Increase ................................................ 17
Section 7. Pay Range Increases ........................................................................ 19
Section 8. Performance Review and Development System…………………… 19
Section 9. Salary Effect of Promotions, Demotions, Transfers and
Reclassifications ................................................................................ 19
Section 10. Salary Effect of Salary Range Revisions ........................................ 21
Section 11. Temporary or Permanent Additional Job Duties Assigned ............. 21
Section 12. Transition to a New Salary Plan ..................................................... 21
Section 13. Effective Date for Pay Changes ...................................................... 22
Section 14. Pay for "Acting" or Temporary Assignments in a Higher-Level
Class ................................................................................................ 22
Section 15. Overtime Pay Provisions ................................................................. 22
Section 16. On-Call and Call Back Compensation……………………………… 24
Section 17. Payroll Schedule and Deductions ................................................... 25
Section 18. Hourly Rate of Pay for Full-time, Part- time and Temporary
Employees and for Work Weeks with Varying Hours………………25
Section 19. Longevity…………………………….………………………………… 26
ARTICLE IV. RECRUITMENT AND EMPLOYMENT .................................................. 27
Section 1. Equal Employment Opportunity Policy ............................................. 27
Section 2. Implementation of Equal Employment Opportunity Policy ................ 27
Section 3. Recruitment, Selection and Appointment .......................................... 27
Section 4. Probationary Period ......................................................................... 28
Section 5. Promotion .......................................................................................... 28
Section 6. Demotion ........................................................................................... 29
Section 7. Transfer ............................................................................................. 29
Section 8. Accommodations ............................................................................... 29
ARTICLE V. CONDITIONS OF EMPLOYMENT .......................................................... 30
Section 1. Work Schedule .................................................................................. 30
Section 2. Political Activity .................................................................................. 30
Section 3. Expectation of Ethical Conduct ......................................................... 30
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Section 4. Outside Employment ......................................................................... 31
Section 5. Dual Employment .............................................................................. 31
Section 6. Employment of Relatives .................................................................. 31
Section 7. Harassment ....................................................................................... 32
Section 8. Use of County Time, Equipment, Supplies, and Vehicles ................. 32
Section 9. Performance Evaluation………………………………..……….………33
Section 10. Safety .............................................................................................. 33
Section 11. Immigration Law Requirements…………….………………………...33
Section 12. Substance Abuse and Employee Assistance Program .................. 34
Section 13. Credentials and Certifications ......................................................... 34
Section 14. Travel Rules and Regulations ......................................................... 34
Section 15: Internet Access .............................................................................. 34
ARTICLE VI. EMPLOYEE BENEFITS………………………………………………… .... 35
Section 1. Eligibility ............................................................................................. 35
Section 2. Group Health and Hospitalization Insurance ..................................... 35
Section 3. Group Life Insurance ......................................................................... 35
Section 4. Other Optional Group Insurance Plans ............................................. 35
Section 5. Retirement ......................................................................................... 35
Section 6. Supplemental Retirement Benefits (401-K) ....................................... 37
Section 7. Social Security .................................................................................. 37
Section 8. Workers' Compensation .................................................................... 37
Section 9. Unemployment Compensation .......................................................... 37
Section 10.Tuition Assistance Program .............................................................. 37
Section 11.Credit Union ...................................................................................... 38
ARTICLE VII. HOLIDAYS AND LEAVES OF ABSENCE ............................................ 39
Section 1. Policy ................................................................................................. 39
Section 2. Holidays . …………………………………………………………………39
Section 3. Holidays: Effect on Other Types of Leave…………………………….39
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Section 4. Holidays: Compensation When Work is Required………….……..….39
Section 5. Annual Leave …………………………………………….….….….…….40
Section 6. Annual Leave: Accrual Rate…………………………….…..……….…40
Section 7. Annual Leave: Maximum Accumulation…………………….……..….40
Section 8. Annual Leave: Manner of Taking……………………….…….……..…40
Section 9. Annual Leave: Payment Upon Separation…………………….…..….41
Section 10. Annual Leave: Payment Upon Death..………………………..…..….41
Section 11. Sick Leave…………………………………………………………..……41
Section 12. Sick Leave: Accrual Rate and Accumulation…………………....……42
Section 13. Sick Leave: Medical Certification………………………………………42
Section 14. Bereavement Leave……………………………….…………………….42
Section 15. Extended Leave ………………………………………………………….43
Section 16. Parental Leave…………………………………………….….………….43
Section 17. Family Medical Leave……………………………………..…………….44
Section 18. Family and Medical Leave: Medical Certification….…………………45
Section 19. Family Medical Leave and Leave Without Pay: Retention and
Continuation of Benefits……………………………………….…..…….46
Section 20. Workers' Compensation Leave………………………………...……….46
Section 21. Military Leave……………………………………………………………..47
Section 22. Reinstatement Following Military Service…………………………...…48
Section 23. Civil Leave…………………………………………………………………48
Section 24. Parental School Leave…………………………………………………...48
Section 25. Voluntary Shared Leave………………………………………………….49
ARTICLE VIII. SEPARATION AND REINSTATEMENT……………………….…………..51
Section 1. Types of Separations………………………………………………………51
Section 2. Resignation……………………………………………………….…………51
Section 3. Reduction in Force…………………………………………………………51
Section 4. Disability……………………………………………………….……………51
Section 5. Voluntary Retirement………………………………………….…………..51
Section 6. Death………………………………………………………….…………….52
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Section 7. Dismissal…………………………………………………………………52
Section 8. Reinstatement……………………………………………………………52
Section 9. Rehiring ............................................................................................. 52
ARTICLE IX. UNSATISFACTORY PERFORMANCE OF DUTIES, GROSSLY
INEFFICIENT JOB PERFORMANCE AND UNACCEPTABLE
PERSONAL CONDUCT .......................................................................... 53
Section 1. Disciplinary Action for Unsatisfactory Performance of Duties ........... 53
Section 2. Unsatisfactory Performance of Duties Defined ................................. 53
Section 3. Communication and Warning Procedures Preceding Disciplinary
Action for Unsatisfactory Job Performance………………………...…54
Section 4. Disciplinary Action for Unsatisfactory Performance of Duties ……...54
Section 5. Pre-Disciplinary Conference for Unsatisfactory Performance of
Duties ……………………………………………………………….…. .. 54
Section 6. Unacceptable Personal Conduct Defined ......................................... 54
Section 7. Disciplinary Action for Unacceptable Personal Conduct ................... 56
Section 8. Pre-disciplinary Conference for Unacceptable Personal Conduct ... 56
Section 9. Non-disciplinary Suspension ............................................................. 56
ARTICLE X. GRIEVANCE PROCEDURE AND ADVERSE ACTION APPEAL .......... 58
Section 1. Policy ................................................................................................. 58
Section 2. Grievance Defined ............................................................................ 58
Section 3. Purposes of the Grievance Procedure .............................................. 59
Section 4. Procedure .......................................................................................... 59
Section 5. Role of the Human Resources Director ............................................ 61
Section 6. Specific Grievance and Adverse Action Appeal Procedure for
Discrimination and/or Harassment .................................................... 62
ARTICLE XI. PERSONNEL RECORDS AND REPORTS ........................................... 63
Section 1. Public Information ............................................................................ 63
Section 2. Access to Confidential Records ……………………………………….63
Section 3. Personnel Actions ............................................................................. 64
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Section 4. Records of Former Employees ......................................................... 64
Section 5. Remedies of Employees Objecting to Material in File ...................... 64
Section 6. Penalties for Permitting Access to Confidential Records .................. 64
Section 7. Examining and/or Copying Confidential Material without
Authorization...................................................................................... 65
Section 8. Destruction of Records Regulated ................................................... 65
ARTICLE XII. IMPLEMENTATION OF POLICIES ....................................................... 66
Section 1. Conflicting Policies Repealed ............................................................ 66
Section 2. Severability ........................................................................................ 66
Section 3. Effective Date .................................................................................... 66
Section 4. Amendments .................................................................................... 66
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ARTICLE I. GENERAL PROVISIONS
Section 1. Purpose of the Policy
It is the purpose of this Personnel Policy, and the rules and regulations set forth to establish a fair
and uniform system of personnel management for all employees of the County under the
administration of the County Manager, elected officials, Elections Board, and Board of Health, and
Social Services Board. These aforementioned entities are the official Hiring or Appointing
authorities covered by this personnel policy. State requirements will supersede these policies for
positions subject to the State Human Resources Act whenever there is a conflict. This policy is
established under authority of G.S. 153A, Article 5 and G.S. 126 of the General Statutes of North
Carolina.
This Policy does not change the “at-will” status of any Person County employee who is considered
an “at-will” employee. For employees who are “at-will” (Probationary employees), their employment
may be ended at any time, and at any reason, and shall not be afforded the benefits protected
pursuant to the Disciplinary and Grievance policy, among other policies, described herein.
Section 2. Merit Principles
All appointments and personnel actions shall be made on the basis of merit. All positions requiring
the performance of the same duties and fulfillment of the same responsibilities shall be assigned to
the same class and salary grade. No applicant for County employment or employee shall be deprived
of employment opportunities or otherwise be adversely affected as an employee because of an
individual's race, color, religion, sex, national origin, qualified disability, or age, , or any other
characteristic protected by applicable law.genetic information (including family medical history),
marital status, political affiliation, sexual orientation, status as parent, labor organization affiliation or
nonaffiliation, or any other non-merit-based factor.
Section 3. Responsibilities of the County Board of Commissioners
The County Board of Commissioners shall be responsible for establishing and approving human
resources policies, the position classification and pay plan, and it may change the policies and
benefits as necessary. The Board also shall make and confirm appointments when so specified by
the general statutes.
Section 4. Responsibilities of the County Manager
The County Manager shall be responsible to the County Board of Commissioners for the
administration and technical direction of the human resources program. The County Manager shall
appoint, suspend, and remove County officers and employees except those elected by the people
or whose appointment is otherwise provided for by law. The County Manager shall make
appointments, dismissals and suspensions in accordance with the state statutes and other policies
and procedures spelled out in other Articles in this Policy.
The County Manager may delegate human resources functions, as appropriate. The County
Manager or designee shall maintain the position classification plan and the pay plan and perform
such other duties in connection with a modern human resources program as the Board requires. All
matters dealing with human resources shall be routed through the office of the County Manager or
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designee who shall maintain a complete system of personnel files and records
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The County Manager shall:
a) recommend rules and revisions to the personnel system to the County Board of
Commissioners for consideration;
b) make changes as necessary to maintain an up to date and accurate position
classification plan;
c) recommend necessary revisions to the pay plan;
d) determine which employees shall be subject to the overtime provisions of FLSA;
f) develop and administer such recruiting programs as may be necessary to obtain an
adequate supply of competent applicants to meet the needs of the County; and
g) perform such other duties as may be assigned by the County Board of Commissioners
not inconsistent with this Policy.
Section 5. Responsibilities of the Human Resources Director
The responsibilities of the Human Resources Director are to make recommendations to the County
Manager on the following:
a) recommend rules and revisions to the personnel system to the County Manager for
consideration;
b) recommend changes as necessary to maintain an up to date and accurate position
classification plan;
c) recommend necessary revisions to the pay plan;
d) recommend which employees shall be subject to the overtime provisions of FLSA;
e) maintain a roster of all persons in the County service
f) establish and maintain a list of authorized positions in the County service at the
beginning of each budget year which identifies each authorized position, class title of
position, salary range, any changes in class title and status, position number and
other such data as may be desirable or useful;
g) develop and administer such recruiting programs as may be necessary to obtain an
adequate supply of competent applicants to meet the needs of the County;
h) develop and coordinate training and educational programs for County employees;
i) investigate periodically the operation and effect of the personnel provisions of this
policy;
Formatted: Indent: Left: 0"
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j) perform such other duties as may be assigned by the County Manager not
inconsistent with this Policy; and
k) insure that all employees receive and sign for a copy of this personnel policy and
any revisions.
Section 6. Application of Policies, Plan, Rules, and Regulations
This personnel policy and all rules and regulations adopted pursuant thereto shall be binding on all
County employees. The County Manager, County Attorney, elected officials, appointed members of
the County Board and advisory boards and commissions will be exempted except in sections where
specifically included. An employee violating any of the provisions of this policy shall be subject to
appropriate disciplinary action, as well as prosecution under any civil or criminal laws which have
been violated.
Section 7. Departmental Rules and Regulations
Due to the particular personnel and operational requirements of the various departments of the
County, each department is authorized to establish supplemental rules and regulations applicable
only to the personnel of that department. All such rules and regulations shall be subject to the
approval of the County Manager or designee, and shall not in any way conflict with the provisions of
this Policy, but shall be considered as a supplement to this Chapter.
Section 8. Definitions
For the purpose of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Adverse Action. An involuntary demotion, reduction in pay, suspension, reduction in force, or
separation from employment.
Anniversary Date. The employee’s most recent date of employment with the County in a permanent
position.
Appointing or Hiring Authority. The County Manager will be designated as the Appointing or Hiring
Authority with the following exceptions:
a) The Sheriff shall be the Appointing and Hiring Authority for positions in the Sheriff’s
Department;
b) The Register of Deeds shall be the Appointing and Hiring Authority for positions in the
Register of Deeds Department;
c) The Board of Elections shall be the Appointing and Hiring Authority for positions in the
Elections Department;
d)
e)c) The Social Services Director shall be the Appointing and Hiring Authority for positions in the
Social Services Department; and
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f)d) The Health Director shall be the Appointing and Hiring Authority for positions in the Health
Department.
Classification. A title of a single or group of positions which are sufficiently similar to require the
same set of knowledge, skills, abilities, education and experience qualifications.
Continuous Employment. Uninterrupted service to Person County as a Full-time employee.
Demotion. A demotion is the movement of an employee from one position to a position in a class
assigned to a lower salary range. Demotions may be voluntary or involuntary.
Full-time employee. An employee who is in a position for which an average work week equals at
more than 30 hours on average, and Continuous Employment of at least 12 months. Such
employees are eligible for benefits.
Grant-funded employee. An employee whose position is paid for with grant funds. Such employees
are not generally eligible for accrued leave benefits, probationary increases, longevity, merit pay,
etc. unless the grant program allows for such expenditures and they have been appropriately
budgeted.
Immediate Family. Spouse, parent, guardian, children, sister, brother, grandparents, grandchildren
plus the various combinations of half, step, in-law, and adopted relationships that can be derived
from those named.
Part-time employee. An employee who is in a position requiring less than 30 hours of work on
average per week, and, less than 1,000 hours per year. Part-time employees may be designated
as permanent or temporary and do not typically qualify for benefits.
Probationary employee. An employee appointed to a Full-time or Part-time permanent position who
has not yet successfully completed the designated probationary period of nine months. Persons in
trainee appointments are a Probationary employee for the full duration of their appointment in that
status. Department Heads and sworn law enforcement shall serve a twelve- month probationary
period. Any employee serving a probationary period following initial appointment, may be dismissed
without the dismissal procedures stated herein, at any time during the probationary period. In
addition, during the probationary period, the employee will not have access to the grievance
procedures found herein. In other words, probationary employees are treated as “at will”
employees.
Promotion. The movement of an employee from one position to a vacant position in a class assigned
to a higher salary range.
Regular employee. An employee appointed to a full -time position who has successfully completed
the designated probationary period.
Trainee. An employee status when an applicant is hired (or employee promoted) who does not meet
all of the requirements for the position. During the duration of a trainee appointment, the employee
is on probationary status.
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Transfer. The movement of an employee from one position to a position in a class in the same salary
range.
Work Against Appointment. In departments whose employees are subject to the Human
Resources Act, the Appointing or Hiring Authority may appoint an employee in a Work Against
situation. When qualified applicants are unavailable and there is no trainee provision for the
classification of the vacancy, the Hiring or Appointing Authority may appoint an employee below the
level of the regular classification in a "Work Against" appointment. This appointment is for the
purpose of allowing the employee to gain the qualifications needed for the full class through on the
job experience. A Work Against appointment may not be made when applicants are available who
meet the training and experience requirements for the full class in the position being recruited. During
the duration of the Work Against appointment, the employee is on probationary status.
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ARTICLE II. POSITION CLASSIFICATION PLAN
Amended 6/19/2023; Effective 6/30/2023
Section 1. Purpose.
The position classification plan provides a complete inventory of all authorized and permanent positions
in the County service, and an accurate description and specification for each class of employment. The
plan standardizes job titles, each of which is indicative of a definite range of duties and responsibilities.
All positions covered by the personnel policy are to be classified according to the assigned duties,
responsibilities, qualifications needed, and other required factors. In order to ensure its continuing value
as a personnel management tool, the positions classification plan will be maintained to reflect the current
work assignments and other conditions and requirements which are factors in proper classification and
allocation of regular positions.
Positions in the Departments of Social Services and Public Health will be classified by the NC Department
of Health and Human Services (DHHS) in compliance with the rules and regulations under the State
Human Resources Act.
Section 2. Composition of the Position Classification Plan
The classification plan shall consist of:
a) A grouping of positions in classes which are approximately equal in difficulty and
responsibility which call for the same general qualifications, and which can be equitably
compensated within the same range of pay under similar working conditions;
b) class titles descriptive of the work of the class;
c) written specifications for each class of positions; and
d) an allocation list showing the class title of each position in the classified service.
Section 3. Use of the Position Classification Plan
The classification plan is to be used:
a) as a guide in recruiting and examining applicants for employment;
b) in determining lines of promotion and in developing employee training programs;
c) in determining salary to be paid for various types of work;
d) in determining personnel service items in departmental budgets; and
e) in providing uniform job terminology.
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Section 4. Administration of the Position Classification Plan
The County Manager, assisted by the Human Resources Director, shall allocate each position covered
by the classification plan to its appropriate class, and shall be responsible for the administration of the
position classification plan. The Human Resources Director shall periodically review portions of the
classification plan and recommend revisions to the County Manager to ensure that classifications
accurately reflect current job duties and responsibilities. The Human Resources Director shall also
periodically review the entire classification plan and, when needed, recommend major changes to the
County Manager. For Employees subject to the State Human Resources Act, both the Person County
Classification Plan, and the Office of State Human Resources Classification Plan should be considered.
Section 5. Authorization of New Positions and the Position Classification Plan
New positions shall be established upon recommendation of the County Manager and approval of the
Board of Commissioners. New positions shall be recommended to the Board of Commissioners with a
recommended class title. The position classification plan, along with any new positions or classifications
shall be approved by the Board of Commissioners and on file with the Human Resources Director. A
copy of the position classification plan will be posted on the County website under the Human Resources
Department for review by employees and the public.
Section 6. Request for Reclassification
Any employee or Department Head who considers the position in which classified to be improper shall
submit a request in writing for reclassification to such employee's immediate supervisor, who shall
immediately transmit the request to the Human Resources Director through the chain of command. Upon
receipt of such request, the Human Resources Director shall study the request, determine the merit of
the reclassification, and recommend any necessary changes to maintain a fair and accurate classification
plan, to the County Manager. The decision of the County Manager is final.
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ARTICLE III. THE PAY PLAN
Amended 6/19/2023; Effective 6/30/2023
Section 1. Definition
The pay plan includes the salary schedule and the assignment of classes to salary grades and
ranges adopted by the Board of Commissioners. The salary schedule may consist of a minimum,
midpoint, and maximum rates of pay for each job classification approved by the Board of
Commissioners. Salary increases within the pay range shall be based on criteria established by
the County Manager and approved by the Board of Commissioners.
In order to ensure proper pay, time worked must be entered on the employee’s timesheet pursuant
to current County practices, which currently require time entry in quarter hour increments. Please
note that some employees, particularly those subject to the Department of Transportation
Guidelines, may have different timekeeping requirements.
Section 2. Administration and Maintenance
The County Manager shall be responsible for the administration and maintenance of the pay plan.
All employees covered by the pay plan shall be paid at a rate within the salary range established
for the respective position classification, except for employees in trainee status or employees
whose existing salaries are above the established maximum rate following transition to a new pay
plan.
The pay plan is intended to provide equitable compensation for all positions, reflecting differences
in the duties and responsibilities, the comparable rates of pay for positions in public employment
in the area, changes in the cost of living, the financial conditions of the County, and other factors.
To this end, from time to time the County Manager, assisted by the Human Resources Director,
shall make comparative studies of all factors affecting the level of salary ranges and may make
minor adjustments in the allocation of positions to salary grades. When major adjustments
encompassing numerous positions are needed, or when a general adjustment is needed to the
pay plan, the County Manager shall recommend such changes in salary ranges as appear to be
warranted to the Board of Commissioners. The Board of Commissioners shall adopt the salary
schedule and assignment of job classes to salary grades, including any minor adjustments made
by the County Manager during the previous budget year, annually as part of the budget process.
The County Manager may approve in-range adjustments to employee salaries when necessary
to accommodate inequities, special performance, achievements, retention or other issues. The
Department Head will submit documentation to the Human Resources Director explaining the
reason for requesting an in-range adjustment. The Human Resources Director will make a
recommendation to the County Manager.
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Section 3. Starting Salaries
In order to establish the pay rate for new hires (or rehires), the following criteria will be used to
promote fairness and equity in pay.
a) The starting salary for a new employee who meets the minimum qualifications for the
position is typically the minimum of the salary range to which the job classification is
assigned.
b) The new hire starting salary for employees (or re-hires) may consider directly relevant
experience and/or experience that can be verified by the Human Resources Department.
Employees who have left the County and have been officially terminated will be re-hired
using this criteria and will not be rehired at the previous salary. Re-hires who have left the
County’s employ will be considered using the same criteria as new hires.
c) Internal Equity is an equally important consideration in filling a vacant position. Before a
salary offer is made, Human Resources will also consider the current salaries, level of
education, relevant licenses/certifications and length of service in the same/similar job
class or classes of current incumbents. It is the policy of the County to make every effort
to avoid inverted salary relationships which are created by bringing in newly hired
employees at a salary that exceeds the current salaries of comparably placed existing
employees in the same/similar job class.
d) The Human Resources Department may consider a higher salary offer if the open position
is determined to be a “hard to fill” position. “Hard to fill” positions will be determined by
the Human Resources Department and will be based on the length of time the position
has remained unfilled, the difficulty to recruit, the “mission critical” nature of the work and
the market conditions of the position, at the time of a vacancy.
e) The salary range is typically considered the span in salary between the minimum of the
range and the midpoint for most positions. For Directors or Assistant Director level
positions, the qualifications of the applicant and/or the needs of the County should include
the discretion to hire anywhere within the range. However, consideration should still be
given to existing salaries of other employees who are in directly comparable leadership
positions.
Elected officials, i.e. the Sheriff and Register of Deeds, shall be paid upon initial election or
appointment, at the starting salary for the office. The Board of Commissioners may adjust the
salary of the elected official by considering the years of service, performance and related
experience of the person.
Pay for part-time or temporary status will be based on the applicable hourly rate for the position.
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Section 4. Maximum of the Range
Ranges are established to reflect the market value of a given job profile and not an incumbent.
Once an employee reaches the maximum of his/her assigned range, the salary is frozen, and the
employee is not eligible for any additional compensation unless there is a range movement that
would result in a higher maximum.
Section 5. Trainee Designation and Provisions
Applicants being considered for employment or County employees who do not meet all of the
requirements for the position for which they are being considered may be hired, promoted,
demoted, or transferred by the County Manager to a "trainee" status or under the State Human
Resources Act job classes as a "Work Against.” In such cases, a plan for training and meeting
the minimum qualification for the job classification, including a time schedule, must be prepared
by the supervisor. An employee shall remain at the trainee or "Work Against" salary level until the
Department Head certifies that the employee is qualified to assume full responsibilities of the
position and the County Manager approves the certifications. The Department Head shall review
the progress of each employee in a trainee or "Work Against" status every six months or more
frequently as necessary to determine when the employee is qualified to assume full
responsibilities of the position. "Trainee" salaries may be one to two grades below the minimum
rate established for the position for which the person is being trained. Assignment two grades
below is appropriate when the traineeship is expected to last two years. Assignment one grade
below is appropriate when traineeship is expected to last one year. (Note: Positions subject to the
State Human Resources Act may be assigned no more than two grades below for trainee
purposes.) The actual assignment should be reviewed and approved by the Human Resources
Director. A new employee designated as "trainee" appointment shall be in a probationary status
until requirements for the full job class are met.
If the training is not successfully completed as planned, the employee shall be transferred,
demoted, or dismissed. If the training is successfully completed, the employee shall be paid at
least at the minimum rate established for the job class.
Section 6. Education and Certification Increase
To encourage growth and promote a learning atmosphere in local government, a full-time
employee of Person County Government may be eligible to receive a 1.5% salary increase per
education or advanced certification obtained if certain criteria are met.
Education is defined as graduation from a community college or university where an individual
may receive an associate, bachelor’s, graduate, doctorate or professional degree.
A certification is an official document acknowledging that an individual has successfully passed a
professional class or training that has provided them with knowledge, experience and skills to
perform certain job tasks. Most certifications that pertain to this policy will include an individual
attending training for a considerable number of hours and/or passing an exam in order to receive
the certification.
The following criteria will be applied when an employee has requested an increase for additional
education or certification:
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The certification or accreditation will be earned in their professional field furthering their
ability to perform the duties and responsibilities of their position. Approval from the
Department Head, Human Resources Director and County Manager may also be made
for an employee who is seeking a higher level of education to pursue a promotion within
County services.
An education or certification increase will only be awarded during the fiscal year in which
it was obtained.
The County will pay for one certification school and up to two attempts at an exam for a
single certification level. Exceptions may be made if deemed appropriate by the County
Manager.
College courses will usually be taken outside of regular work hours. Courses during work
hours are typically not permitted but may be considered by the County Manager on a case
by case basis if work time can be made-up with minor schedule adjustments. Employees
will not be paid for time spent in classes. Employees may be reimbursed for tuition, fees,
laboratory fees, and student fees up to a certain amount as outlined in the Personnel
Policy, Article VI. Employee Benefits, Section 10.
Pay increases for certifications should be submitted in a timely manner. The effective date
of the pay increase will be consistent with the next full pay period. There may be instances
where the delay is from a third party and no fault of the employee or supervisor.
Certification increases are not intended to be re-applied for position status change that
includes but is not limited to promotions, transfers, reclassifications, or demotions. No
increases will be awarded retroactively for certifications obtained prior to the adoption of
this policy.
Re-certifications will not eligible for an increase, but the County may pay for the renewal
of the required certification.
If the certification has been suspended, lapsed or is no longer being utilized, the pay
incentive may be removed.
If the employee has an active performance improvement plan due to not meeting work
standards, they will not be approved for a certification increase until the employee has
successfully resolved performance issues. The increase will not be retroactive but may be
effective the first day the employee has successfully completed the performance
improvement plan.
The employee may not receive more than two education or certification increases per
fiscal year.
A salary increase will not typically be awarded if the certification is included as a
requirement on the job description or formal acceptance letter of employment. Special
circumstances may be considered if deemed appropriate by the County Manager and
Human Resources Director.
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Section 7. Pay Range Increases
Upward movement within the established salary range for an employee is not automatic but rather
based upon specific criteria. Procedures for determining performance levels and performance
pay increases shall be established in procedures approved by the County Manager.
Section 8. Performance Review and Development System (separate policy)
The purpose is to establish and maintain a performance review and development system that
contributes to the organization achieving its mission and goals and focuses on continuous
performance improvement and recognition for all employees of the County. Reviews will
encompass one year and be conducted on or before the anniversary date of the employee’s initial
hire or rehire. Pay for performance or merit may vary or be funded at the discretion of the Board
of Commissioners. Grant funded positions may receive merit only if funds are available from the
grant program.
Section 9. Salary Effect of Promotions, Demotions, Transfers, and Reclassifications
Promotions. When an employee is promoted, as a result of a job change or job progression, to
a higher pay grade position, the salary placement within the new pay grade shall be determined
along with the above criteria as follows: apply a 5% increase to the previous salary for promotions
of one pay grade, and an additional 2.5% for each additional pay grade up to a maximum of 15%.
The resulting pay will be no less than the minimum of the new pay grade and no less than a 5%
salary increase, but not more than the maximum salary of the assigned pay grade. Any increase
of more than 5% requires documentation by the department or agency and a supporting
recommendation from the Human Resources Director. The County Manager will review the
documentation for approval. The effective date of the pay increase will be consistent with the next
full pay period.
The amount of the salary adjustment should also include consideration for the following:
a) the employee’s related education, training, and experience;
b) the nature and magnitude of the change in jobs;
c) budget availability;
d) consistency with similar situations in the past;
e) internal equity within the work unit; and
f) other relevant issues.
Employee (Employees subject to the State Human Resources Act are exempt) will serve a nine-
month probationary period.
There may be times when the uniqueness of an individual job and level or necessary skills
required by the County, and not just possessed by the incumbent, may require a higher salary
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schedule placement than stipulated in this section. Under such circumstances, the County
Manager may approve a higher salary placement within the assigned pay grade.
Cost of living (or market adjustment), and other in-range increases cannot take the place of a
promotional increase. The position of the employee’s adjusted salary within the new salary range
shall not exceed the position of the employee’s salary in the current range.
Demotion or Voluntary Reassignment. Demotion or reassignment is a change in status
resulting from an assignment to a position in a lower salary grade. If the change results from a
disciplinary action, the action is considered a demotion. If the change results from a mutual
agreement between the employee and employer, the action is considered a voluntary
reassignment.
The adjusted salary of the employee shall be within the range of the lower classification based on
salary grade with consideration of internal equity, decreased workload and responsibility level.
Lateral Transfers. A lateral transfer occurs when an employee is transferred from one job class
to another in the same pay grade. The salary will remain the same and employee must possess
the minimum qualifications for the new position.
Reclassifications. When a job has been reclassified to a higher pay grade, the employee’s
salary shall increase at least 5% but not exceed the maximum salary of the new pay grade.
If the reclassification results in an upgrade of one pay grade, the employee’s pay will be moved
upward by 5%. An upgrade of two or more pay grades will increase the employee’s pay by an
additional 2.5% for each additional pay grade, up to a maximum of 15%. Any increase of more
than 5% would require documentation by the department or agency and a supporting
recommendation from Human Resources Director. The County Manager will review the
documentation for approval.
For general reclassifications completed as a result of an internal or external compensation study,
or as a result of a normal budget process review, a pay increase for an employee who has been
in their position since on or before the first day of the fiscal year, will have an effective date of the
first day of the fiscal year, or the effective date of implementation as approved by the Board of
Commissioners.
Otherwise, for an individual reclassification, done outside the normal budget cycle, the effective
date of the pay increase will be consistent with the next full pay period.
Reclassification or changes in pay grade, whether resulting from an internal or external
compensation study or individual change in pay grade, shall not be retroactive with respect to
calculating the new salary.
When a job has been reclassified to a lower pay grade, the affected employee(s) shall have their
pay grade adjusted accordingly. The effective date will be the day following approval and the
change will be reflected in the next full pay period. If, after the pay grade adjustment, the
employee(s) salary is greater than the maximum salary of the new pay range, the employee will
continue to be paid at the higher rate of pay, the salary would be “frozen” and the employee is
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typically ineligible for any pay adjustment until the range “catches up” with the salary and allows
for movement.
Section 10. Salary Effect of Salary Range Revisions
When a class of positions is assigned to a higher salary range as a result of labor market
conditions (outside of a total county pay study), employees will be placed at minimum of pay grade
and equity of old grade will be considered during the reclassification. An implementation process
will be recommended by the Human Resources Director and approved by the County Manager.
Budgetary funding will also be considered. When a class of positions is assigned to a lower salary
range, the salaries of employees in that class will remain unchanged. If this assignment to a lower
salary range results in an employee being paid at a rate above the maximum established for the
new class, the salary of that employee shall be maintained at that level until such time as the
employee's salary range is increased above the employee's current salary.
Section 11. Temporary or Permanent Additional Job Duties Assigned
At times, employees may be temporarily assigned job duties that are outside of their normal job
requirements. Consideration for extra pay will be given if the employee’s assignment of extra
duties is from a higher grade classification.
Permanent additional job duties that are assigned will result in a re-evaluation of the position to
determine if the position should be assigned a higher grade classification.
For temporary and permanent additional job duties, department heads should submit
documentation to the Human Resources Director. The Human Resources Director will review
and make a recommendation to the County Manager.
Section 12. Transition to a New Salary Plan
The following principles shall govern the transition to a new salary plan:
a) No employee shall receive a salary reduction as a result of the transition to a new salary plan.
b) All employees being paid at a rate lower than the minimum rate established for their respective
classes shall have their salaries raised to the new minimum for their classes. A trainee, or
employee in a “Work Against” status will remain in their same relative pay status in the new salary
grade assigned.
c) All employees being paid at a rate above the minimum and below the maximum are considered
as being paid at a competitive rate for the job class and may receive any approved salary plan
implementation increases as authorized by the Board of Commissioners
d) All employees being paid at a rate above the maximum rate established for their respective
classes shall be maintained at that salary level with no increase in base pay until such time as
the employees' salary range is increased above the employees' current salary. This means no
performance/merit pay increases or market adjustment/cost of living increases or any other
increases to the base pay of the employee until the employee is within the appropriate salary
range.
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Section 13. Effective Date for Pay Changes
The effective date of the pay changes will be consistent with the next full pay period.
Section 14. Pay for “Acting” or Temporary Assignments in a Higher-Level Classification
(Interim duties)
“Acting” or temporary assignment(s) occurs when the County recognizes a critical job assignment
need that must be met and cannot be met through the normal recruitment process. This can occur
when an unexpected vacancy occurs; when a mission critical job cannot be filled in a timely
fashion; or when a mission objective changes abruptly and requires an immediate action.
Temporary or “acting” assignment(s) would be anticipated to last more than 30 days, but less than
6 months. A temporary or “acting” assignment is to fill a vacancy and not to assume the duties of
another employee who is on approved leave, i.e. vacation, holiday, medical, or other short-term
absence(s).
If the position assigned is lower in pay grade (or substantially equivalent pay range) this would
not result in a lower salary for the assigned employee even if the employee’s salary exceeded the
maximum of the new pay range.
If the position extends beyond 30 days, but less than 6 months, there should be a 5% “temporary
assignment” pay adjustment for the first pay grade and 2.5% for each additional pay grade to a
maximum of 15% or the minimum of the grade, whichever is higher. The employee’s salary shall
not exceed the maximum of the assigned range. Internal equity and expectation of fulfilling the
job requirements will be taken into consideration when establishing the temporary assignment
pay. Employees receiving temporary assignment pay shall sign an agreement acknowledging the
understanding that they are receiving “Temporary Assignment Pay” and also acknowledging that
when the temporary assignment ends, the “assignment pay” will also end.
Section 15. Overtime Pay Provisions
Employees of the County can be requested and may be required to work overtime hours as
necessitated by the needs of the County and determined by the supervisor. All overtime work
must be authorized in advance.
Supervisors shall attempt to arrange employee work and schedules so as to accomplish the
required work within the standard workweek and without incurring overtime.
To the extent required, the County will comply with the Fair Labor Standards Act (FLSA). The
County Manager/designee shall determine which jobs are "Non-Exempt" and are therefore
subject to the Act in areas such as hours of work and work periods, rates of overtime
compensation, and other provisions.
Non-Exempt Employees: Non-exempt employees will be paid at a straight time rate for hours up
to the FLSA established limit for their position (usually 40 hours in a 7-day period or alternative
FLSA approved full time schedule). Employees in law enforcement job classes may earn overtime
based on a 28-day time period. Hours worked beyond the FLSA established limit will be
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compensated in compensatory time or overtime pay at the appropriate overtime rate. In
determining eligibility for overtime in a work period, only hours actually worked shall be
considered; in no event will vacation, sick leave, or holidays be included in the computation of
hours worked for FLSA purposes.
Whenever practicable, departments will schedule time off on an hour-for-hour basis within the
applicable work period for non-exempt employees, instead of paying overtime. When time off
within the work period cannot be granted, overtime worked will be given in the form of
compensatory time off or paid in accordance with the FLSA. The County retains the right to
determine whether to compensate overtime as pay or as compensatory time off.
In the event the Governor declares a state of emergency where employees would be required to
work long and continuous hours, the County Manager may approve compensation at a rate up to
double time for those hours worked and/or grant time off with pay for rest and recuperation to
ensure safe working conditions.
Exempt employees: Employees in positions determined to be "exempt" from the FLSA (for
example, as Executive, Administrative, or Professional staff) will not receive pay for hours worked
in excess of their normal work periods. These employees may be granted compensatory leave
by their supervisor where the convenience of the department allows and in accordance with
procedures established by the County Manager. Such compensatory time is not guaranteed to
be taken and ends without compensation upon separation from the organization.
The County intends to make deductions from the pay of exempt employees for authorized reasons
and prohibits improper pay deductions. Exempt employees who wish to question deductions they
believe to be improper may use the County’s Grievance procedure, as explained in this policy. If
the deduction is found to be improper the County will reimburse the employee for lost pay.
Compensatory Time Off.
Compensatory time off for overtime hours worked may be provided in lieu of immediate overtime
pay in cash in accordance with appropriate current FLSA rules, at the option of the County
Manager, for covered non-exempt employees. Unless the law requires otherwise, compensatory
time shall be exhausted before annual leave is used.
Covered non-exempt employees may be granted compensatory time for hours worked in excess
of 40 in any one work week, at a rate of one and one-half hours for each hour of work in excess
of 40 hours in any one work week, subject to the following provisions:
- The maximum compensatory time which may be accrued by any affected employee shall
be eighty (80) hours. An employee who has accrued the maximum number of
compensatory hours shall be paid overtime compensation for any additional overtime
hours of work.
- Upon request by Employee to use accrued compensatory time, the Employer shall allow
Employee to use said time off within a reasonable period after the request, so long as
such use does not unduly disrupt the operations of Employer. This determination shall be
based on the facts and circumstances of each individual case. Compensatory time must
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be used within 26 pay periods (approximately 13 months) from the pay period in which
they earned it, otherwise, the employee shall be paid overtime compensation for any
additional overtime hours of work.
- Upon termination of employment for any reason, Employee shall be paid for accrued
compensatory time at a rate of compensation equal to: the average regular rate received
by Employee during the last three years of the Employee’s employment, or the final regular
rate received by the Employee, whichever amount is greater.
The County, at its option, shall be entitled to pay Employee for any portion of accrued
compensatory time. If Employer elects to make such election, payment shall be based
upon Employee’s rate of earnings at the time said payment is made.
- Any compensatory time employees may have accumulated up to the effective date of this
policy will remain in place and may be used pursuant federal and state wage laws. Once
employees use any accumulated compensatory time over eighty (80) hours, they will then
be subject to the maximum accrual of eighty (80) hours of compensatory time and will be
paid overtime pursuant to this policy. The County’s policy is stricter than the FLSA
provisions that allow non-exempt employees to accumulate up to 240 hours of
compensatory time.
- Nonexempt employees separating from employment shall be paid for their compensatory
time balances.
Section 16. On-Call and Call-Back Compensation
The County provides continuous twenty-four hours a day, seven days a week service to its
citizens. Therefore, it is necessary for certain employees to respond to any reasonable request
for duty at any hour of the day or night. One of the conditions of employment with the County is
the acceptance of a share of the responsibility for continuous service in accordance with the
nature of each job. If an employee fails to respond to reasonable calls, either special or routine,
the employee may be subject to disciplinary action up to and including dismissal by the Appointing
or Hiring Authority. Therefore, the County provides compensation for employees who are
required to be on-call. Compensation for time spent while on-call and for time spent when actually
called back to work shall be determined according to the following:
On-call. On-call time consists of scheduled non-work hours in excess of an employee’s standard
work period when an employee is required to be available to be called back to work on short
notice if the need arises. Each department may have more specific rules in light of the type of on-
call needs. However, generally speaking, on-call time will not be over-used (unless volunteered)
for any employee and will not be over-restrictive such that it interferes substantially with the
personal use of an employee’s time out-side of work. The general rule is that an on-call employee
should be able to respond to a call within a one-hour time frame. On-call schedules must be
approved by the Department Head. The Human Resources Office shall maintain a list of
employees who are approved for on-call compensation arrangements.
Non-exempt employees will be compensated for the inconvenience of on-call duty. Employees
required to be on “on-call” duty will be compensated $2.00 per hour for on-call time they serve
until they are called back to work or until the on-call time has expired. The on-call pay and call-
back pay shall not overlap. Employees will receive their regular rate of pay for all time the
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employee is “called-back” to work while on-call, unless the hours worked otherwise qualify for
overtime pay. Reciprocal time in exchange for working while on-call (or to minimize overtime) is
only allowed when such time is within the time off during the same work-week.
Call-back. Call-back time consists of actual time spent when called back to work to handle a
requested or emergency situation, regardless of whether the person is “on-call.” "Call-back"
provisions do not apply to previously scheduled overtime work (scheduled one or more days in
advance). Exempt employees will not be paid for being called back to work outside of normal
working hours. Non-exempt employees will receive their regular rate of pay for all time worked
while on-call, unless the hours worked otherwise qualify for overtime pay. The on-call stipend
of
$2.00 per hour will cease once an employee has been called back to work. Reciprocal time in
exchange for working while on-call (or to minimize overtime) is only allowed when such time is
within the time off during the same work-week.
Time Keeping. In the event a non-exempt employee is needed to respond to a call while on-call,
or for call-back time, the employee must log all time beginning with the drive to the specific location
requested and ending with the time of returning home from the on-call location. Non-exempt
employees are guaranteed a minimum of 15 minutes call-back pay for any business-related
telephone calls, remote-in tasks, or text messages that occur while being on-call, as well as 2
hours call-back pay if travel is required as part of the call-back. If call-back occurs, the employee
will need to report any guaranteed time not worked in a separate pay code in the County’s time
keeping system in minimum quarter hour increments as defined in Article III, Section 1.
Guaranteed time that is not actually worked is not considering compensable time and is therefore
not subject to overtime pay. However, guaranteed time that is actually worked is considered
compensable time and is subject to overtime pay if other overtime requirements are met. Total
call-back time should not exceed 2 hours unless the time actually worked exceeds two hours, in
which event the employee is not entitled to any compensation beyond payment for the time
actually worked. In other words, if the employee actually works 2 hours or more, all time should
be entered as worked, compensable time. The employee is responsible for accurately logging
his or her time and turning it in to a Department Head and/or Human Resources as not all
employees have the ability to “clock in” remotely. Please note that certain departments may have
more specific rules based on the type of work completed.
Section 17. Payroll Schedule and Deductions
The payroll schedule shall be established by the County Manager and shall be administered by
the Finance Department. Each employee is responsible for entering their own time in the County’s
time keeping system based on the payroll schedule. Deductions shall be made from each
employee's salary, as required by law. Additional deductions may be made upon the request of
the employee on determination by the County Manager as to capability of payroll equipment and
appropriateness of the deduction.
Section 18. Hourly Rate of Pay for Full-time, Part- time and Temporary Employees and
for Work Weeks with Varying Hours
Employees working in a Part-time or temporary capacity with the same duties as Full-time
employees will work at a rate in the same salary range as the Full-time employees. The hourly
rate for employees working other than 40 hours per week, such as employees working 37.5 hours
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per week and law enforcement officers working an average 42 hours per week, will be determined
by dividing the average number of hours scheduled per year into the annual salary established
for the position.
Section 19. Longevity Pay
Full-time employees of the County are compensated for Continuous Employment with the County
by payment of a longevity supplement based on continuous years of service as of November 1st
of each year. Full-time Employees must be in active status as of November 1 of the applicable
year in order to receive longevity pay. Grant-funded positions may receive longevity pay, if funds
are available from the grant program.
Longevity amounts shall be as follows:
Years of Service Amount
5 years, but less than 10 years 1%of annual salary
10 years, but less than 15 years 2% of annual salary
15 years, but less than 20 years 3.25% of annual salary
20 years, but less than 25 years 4.5% of annual salary
25 years or more 5.75% of annual salary
Longevity pay will be issued on the first regular pay period closest to the Thanksgiving Holiday or
as designated by the County Manager. The longevity pay benefit is a form of current
compensation that may be changed or eliminated at any time at the sole discretion of the Board
of Commissioners. The funding will be allocated on an annual basis during the budget adoption
process.
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ARTICLE IV. RECRUITMENT AND EMPLOYMENT
Section 1. Equal Employment Opportunity Policy
It is the policy of the County to foster, maintain and promote equal employment opportunity. The
County shall select employees on the basis of the applicant's qualifications for the job and award
them, with respect to compensation and opportunity for training and advancement, including
upgrading and promotion, without regard to race, color, religion, sex, national origin, political
affiliation, qualified disability, marital status, age, genetic information (including family medical
history), marital status, political affiliation, sexual orientation, status as parent, labor organization
affiliation or nonaffiliation, or any other non-merit-based factor. or any other class protected by
applicable law. Applicants with disabilities shall be given equal consideration with other applicants
for positions in which their disabilities do not represent an unreasonable barrier to satisfactory
performance of duties.
Section 2. Implementation of Equal Employment Opportunity Policy
All personnel responsible for recruitment and employment will continue to review regularly the
implementation of this policy and relevant practices to assure that equal employment opportunity
based on reasonable, job-related job requirements is being actively observed to the end that no
employee or applicant for employment shall suffer discrimination because of race, color, religion,
sex, national origin, political affiliation, qualified disability, marital status, age, genetic information
(including family medical history), marital status, political affiliation, sexual orientation, status as
parent, labor organization affiliation or nonaffiliation, or any other non-merit-based factoror any
characteristic protected by applicable law. Notices with regard to equal employment matters will
be posted in conspicuous places on County premises in places where notices are customarily posted.
Section 3. Recruitment, Selection and Appointment
Recruitment Sources. When position vacancies occur, the Human Resources Director shall
publicize these opportunities for employment, including applicable salary information and
employment qualifications. Information on job openings and hiring practices will be published in local
and/or other news media as necessary to inform the community and create a quality and diverse
pool of applicants. In addition, notice of vacancies shall be posted at designated conspicuous sites
within departments. Individuals shall be recruited from a geographic area as wide as necessary and
for a period of time sufficient to ensure that well-qualified applicants are obtained for County service.
In rare situations because of emergency conditions, high turnover, or other generally unavoidable
circumstances,etc., thethe County, upon approval of the County Manager, may hire or promote
without advertising jobs, upon approval of the County Manager. When hiring under these
circumstances, however, the County shall continue to adhere to the merit principles established in this
Personnel Policy.
Job Advertisements. Employment advertisements shall contain assurances of equal employment
opportunity and shall comply with Federal and State statutes. Each applicant is notified of E-verify
participation.
Application for Employment. All persons expressing interest in employment with the County shall
be given the opportunity to file an application for employment for positions which are currently
being recruited.
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Selection. Department heads, with the assistance of the Human Resources Director, shall make
such investigations and conduct such examinations as necessary to assess accurately the
knowledge, skills, and experience qualifications required for the position. All selection devices
administered by the County shall be valid measures of job performance. Final candidates for
positions may be subject to a criminal background check, and if the position requires, a pre-
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employment drug test. Pre-employment job function/fitness tests are required for some positions.
Appointment. Before any commitment is made to an applicant either internal or external, the
Department Head shall make recommendations to the Human Resources Director including the
position to be filled, the salary to be paid, and the reasons for selecting the candidate over other
candidates. The Human Resources Director and Department Head shall recommend approval of
appointments and the starting salary for all applicants to the Appointing or Hiring Authority. All
employment offers should be confirmed in writing. The Personnel Action Form, the original
application for employment, a copy of the employment offer letter, and any additional supporting
documents pertaining to the selected candidate should be submitted to the Human Resources office
prior to the beginning date of employment. The documents will become part of the new employee’s
personnel file.
Section 4. Probationary Period
An employee appointed or promoted to a regular position shall serve a probationary period.
Employees shall serve a nine-month probationary period, except that sworn law enforcement
personnel and department heads shall serve a twelve-month probationary period. Employees in
trainee or "Work Against" appointments will have specific time frames established for their
probationary period.
During the probationary period, supervisors shall monitor an employee's performance and
communicate with the employee concerning performance progress. Before the end of the
probationary period, the supervisor shall determine whether or not the employee is performing
satisfactory work and meeting job expectations. The employee's progress (accomplishments,
strengths, and areas for improvement) will be discussed with the employee and a summary of this
discussion should be documented in the employee's personnel file. The supervisor shall recommend
in writing whether the probationary period should be completed, extended, or the employee
transferred, demoted, or dismissed.
Disciplinary action, including demotion and dismissal, may be taken at any time during the
probationary period of a new hire without following the steps outlined in this Policy. In other words,
an employee in the probationary period is treated as an “at will” employee. A promoted or
transferred employee who does not successfully complete the probationary period in the employee’s
new position may be transferred or demoted to a position in which the employee shows promise of
success. If no such position is available, the employee shall be dismissed. Promoted or transferred
employees shall retain all other rights and benefits such as the right to use the grievance procedures,
provided the employee has completed the minimum probationary period for their initial position
(typically 9-12 months).
Section 5. Promotion
Promotion is the movement of an employee from one position to a vacant position in a class
assigned to a higher salary range. It is the County's policy to create career opportunities for its
employees whenever possible. Therefore, when a current employee applying for a vacant position
is best suited of all applicants, that applicant shall be promoted to that position. The County will
balance three goals in the employment process:
a) the benefits to employees and the organization of promotion from within;
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b) providing equal employment opportunity and a diversified workforce to the community; and
c) obtaining the best possible employee who will provide the most productivity in that position.
Therefore, except in rare situations where previous County experience is essential or exceptional
qualifications of an internal candidate so indicate, the County will consider external and internal
candidates rather than automatically promote from within. Candidates for promotion shall be chosen
on the basis of their qualifications and their work records. Internal candidates shall apply for
promotions using the same application process as external candidates.
Section 6. Demotion
Demotion is the movement of an employee from one position to a position in a class assigned to a
lower salary range. Demotions may be voluntary or involuntary. An employee whose work or conduct
in the current position is unsatisfactory may be involuntarily demoted provided that the employee
shows promise of becoming a satisfactory employee in the lower position. Such demotion shall follow
the disciplinary procedures outlined in this chapter. Demoted employees may appeal this decision
based on the Grievance Process outlined in this Personnel Policy.
An employee may request a voluntary demotion when a vacant position is available. Employees may
request voluntary demotions in order to accept a position with less complex duties and reduced
responsibilities, to change career paths, or for other reasons. A voluntary demotion is not a
disciplinary action and is made without using the above-reference disciplinary procedures.
Section 7. Transfer
Transfer is the movement of an employee from one position to a position in a class in the same salary
range. If a vacancy occurs and an employee in another department is eligible for a transfer, the
employee shall apply for the Transfer using the usual application process. The Department Head
wishing to Transfer an employee to a different department or classification shall make a
recommendation to the County Manager. Any employee transferred without requesting the action
may appeal the action in accordance with the grievance procedure outlined in this policy. Employees
who are transferred to a different department will serve a nine-month probationary period.
Section 8. Accommodations
The County is committed to complying with the Americans with Disabilities Act (“ADA”) and North
Carolina law. Accordingly, the County will provide a reasonable accommodation to qualified
individuals with disabilities, unless it creates an undue hardship or poses a direct threat to the health
and safety of others. You should make a request for a reasonable accommodation to your
Department Head. The request should be made in writing.
The County is also committed to providing a reasonable accommodation of an Employee’s sincerely
held religious belief, when required by law, unless doing so would create an undue hardship for the
Department. You should make a request for a reasonable accommodation to your Department Head.
The request should be made in writing.
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ARTICLE V. CONDITIONS OF EMPLOYMENT
Section 1. Work Schedule
Department Heads shall establish work schedules, with the approval of the County Manager, which
meet the operational needs of the department in the most cost-effective manner possible.
Section 2. Political Activity
Each employee has a civic responsibility to support good government by every available means and
in every appropriate manner. Each employee may join or affiliate with civic organizations of a
partisan or political nature, may attend political meetings, may advocate and support the principles
or policies of civic or political organizations in accordance with the Constitution and laws of the State
of North Carolina and in accordance with the Constitution and laws of the United States. However,
no employee shall:
a) Engage in any political or partisan activity while on duty;
b) Use official authority of influence for the purpose of interfering with or affecting the result of
a nomination or an election for office;
c) Be required as a duty of employment or as condition for employment, promotion or tenure
of office to contribute funds for political or partisan purposes;
d) Coerce or compel contributions from another employee of the County for political or
partisan purposes;
e) Use any supplies or equipment of the County for political or partisan purposes; or
County employees in certain federally-funded programs are subject to the Hatch Act, as amended
in 1975. This federal act, in addition to prohibiting (b), (c), and (d) above, also prohibits candidacy
for elective office in a partisan election. This policy is not intended to intrude upon any First
Amendment or Fourteenth Amendment rights of County Employees.
Any violation of this section shall be deemed improper conduct and shall subject the employee to
disciplinary action under this Policy.
Section 3. Expectation of Ethical Conduct
The proper operation of County government requires that public officials and employees be
independent, impartial, and responsible to the people; that governmental decisions and policy be
made in the proper channels of the governmental structure; that public office not be used for personal
gain; and that the public have confidence in the integrity of its government.
As stewards of public resources and holders of the public trust, County employees are expected to
up hold the highest standards of ethical conduct while fulfilling their job duties and responsibilities.
No employee of the County shall accept any gift, favor, or thing of value (more than $50) from
organizations, business firms, or individuals with whom they have official relationships because of
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County business. These limitations do not prohibit the acceptance of articles of negligible value
which are distributed generally, nor prohibit employees from accepting social courtesies that provide
good public relations, not prohibit employees from obtaining loans from public lending institutions. It
is particularly important that inspectors, contracting officers, and law enforcement officers guard
against relationships that might be construed as evidence of favoritism, coercion, unfair advantage,
or collusion.
Section 4. Outside Employment
The work of the County shall have precedence over other occupational interests of employees. All
outside employment for salaries, wages, or commission and all self-employment must be reported
in advance to the employee's supervisor, who in turn will report it to the County Manager. The County
Manager will review such employment for possible conflict of interest and then approve or disapprove
the secondary employment. Documentation of the approval of outside employment will be placed in
the employee’s personnel file. Any employee who obtains outside employment but does not receive
approval for such employment under this policy shall be subject to disciplinary action up to and
including dismissal.
Examples of conflicts of interest in outside employment include but are not limited to:
a) employment with organizations or in capacities that are regulated by the employee or
employee’s department; or
b) employment with organizations or in capacities that negatively impact the employee’s
perceived integrity, neutrality, or reputation related to performance of the employee’s County
duties.
Off the job injuries: An employee who sustains an injury or illness in connection with outside
employment and is receiving Workers’ Compensation from that employer shall not be eligible to use
accrued sick leave.
Section 5. Dual Employment
The County does not typically allow employees to hold more than one position with the County. In
some cases, the County may make such an allowance, in its sole discretion. In the event the County
makes such an allowance, one job shall be designated the primary position, and one shall be
designated as the secondary position.
Section 6. Employment of Relatives
The County prohibits the hiring and employment of immediate family in permanent positions within
the same work unit. "Immediate Family" is defined herein. If there is a lack of qualified applicants
for a position in the same work unit and a qualified immediate family member applies, the supervisor
may request the County Manager for an exception. Outside of the same work unit, the County will
consider employing family members or related persons in the service of the County, provided that
such employment does not:
a) result in a relative supervising relatives;
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b) result in a relative auditing the work of a relative;
c) create a conflict of interest with either relative and the County; or
d) create the potential or perception of favoritism.
Section 7. Harassment
Harassment on the basis of race, color, religion, gender, national origin, age, disability, or any other
class protected by any applicable law, constitutes discrimination. The County opposes harassment
by supervisors and co-workers in any form. Harassment is verbal or physical conduct that denigrates
or shows hostility or aversion toward an individual because of his or her race, color, religion, sex,
national origin, qualified disability, marital status, age, genetic information (including family medical
history), marital status, political affiliation, sexual orientation, status as parent, or labor organization
affiliation or nonaffiliation, race, color, religion, gender, national origin, age, or disability, or that of his
or her relatives, friends, or associates.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature when a) submission to such conduct is made either
explicitly or implicitly a term or condition of an individual's employment; b) submission to or rejection
of such conduct by an individual is used as the basis for employment decisions affecting such
individual; or c) such conduct has the purpose or effect of unreasonably interfering with an
individual's work performance or creating an intimidating, hostile, or offensive working environment.
Any employee who believes that he or she may have a complaint of harassment may follow the
Grievance Procedure described in this Policy or may file the complaint directly with the County
Manager, Human Resources Director, or any department head who will advise the Human
Resources Director of the complaint. The Human Resources Director will insure that an investigation
is conducted into any allegation of harassment and advise the employee and appropriate
management officials of the outcome of the investigation.
Employees witnessing harassment shall also report such conduct to an appropriate County official.
Employees who report or make a complaint of harassment will not be subject to retaliation for doing
so.
Section 8. Use of County Time, Equipment, Supplies, and Vehicles
County supplies and equipment are to be used exclusively for the County's business. During working
hours, an employee shall only conduct County business. Use of County time, supplies, or equipment
for personal or other purposes not related to the employee’s County duties and responsibilities is
prohibited and subjects the employee to disciplinary action, up to and including dismissal.
All employees, who use County vehicles are required to follow applicable motor vehicle and safety
requirements, maybe subject to random drug tests and annual driver’s license checks. Family
members are not to be transported in County vehicles. Violation or misuse of County vehicles also
subjects the employee to disciplinary action, up to and including dismissal.
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County equipment, materials, tool and supplies, shall not be available for personal use and are not
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to be removed from County property except in the conduct of official County business, unless
approved by the Board. No employee shall purchase for personal use any equipment or supplies
through County purchase accounts.
Separate policies covering the use of phones, email, computers, county cell phones and vehicles
are available in the HR office or on the County website.
Under North Carolina law, email sent or received by the County is generally considered a public
record and is subject to inspection upon request, and employees should therefore use caution with
email correspondence and follow all applicable laws and regulations in relation to the same
Surrender of Property. An employee who terminates employment shall be required to return all items
of equipment, including uniforms, ID badge, keys, credit cards, P-cards and other items owned by
the County. Pursuant to applicable law, if County owned property is not returned within established
timeframes, the County reserves the right to withhold portions of the employee’s final check until the
items are returned.
Section 9. Performance Evaluation
Supervisors and/or Department Heads shall conduct Performance Evaluation conferences with each
employee on or around their Anniversary Date. These performance evaluations shall be documented
in writing and placed in the employee's personnel file. The performance evaluation policy is available
in the HR office or on the County website.
Section 10. Safety
Safety is the responsibility of both the County and employees. It is the policy of the County to
establish a safe work environment for employees. The County shall establish a safety program
including policies and procedures regarding safety practices and precautions and training in safety
methods. Department Heads and supervisors are responsible for insuring the safe work procedures
of all employees and providing necessary safety training programs. Employees shall follow the safety
policies and procedures and attend safety training programs. Employees who violate such policies
and procedures shall be subject to disciplinary action up to and including dismissal.
Additional detailed procedures regarding safety, worker's compensation, injury, and infection control
may be established by the County Manager.
Section 11. Immigration Law Requirements
All employees are required to furnish proof of citizenship or other required documents indicating a
legal right to work in the United States. Copies of the completed I-9 form shall be a permanent part
of their personnel file. The County uses E-verify which is an Internet-based system operated by the
U.S. Department of Homeland Security (DHS) in partnership with the Social Security Administration
(SSA) that allows participating employers to electronically verify the employment eligibility of their
newly hired employees. E-verify works by electronically comparing the information on an
employee’s Form I-9 with SSA and DHS records to verify the identity and employment eligibility of
each newly hired employee and/or employee assigned to a covered federal contract. All new,
temporary, and rehire employees must be entered into E-verify
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individually.
Section 12. Substance Abuse and Employee Assistance Program
The County is firmly committed to maintaining a drug and alcohol-free work environment in order to
insure the safety and welfare of the general public and all County employees and to insure an efficient
and effective work force. The County also seeks to aid employees experiencing substance abuse
problems by offering rehabilitation opportunities. The County Manager has the authority to establish,
administer, and enforce substance abuse processes and procedures within the County. A separate
Substance Abuse Policy is available in the HR office or on the County website. An Employee
Assistance Program is available to County employees through the County’s insurance. Contact the
HR office for details or refer to your insurance card.
Section 13. Credentials and Certifications
Some duties assigned to positions in local government service may be performed only by persons
who are duly licensed, registered or certified as required by the relevant law, rule or regulation.
Employees in such classifications are responsible for maintaining current, valid credentials as
required by law, rule or regulation. Failure to obtain or maintain the required credentials may be a
basis for immediate dismissal without prior warning. An employee who is dismissed shall be given
a written statement of the reason for the action and his/her appeal rights.
Section 14. Travel rules and Regulations.
The policy of the County is to reimburse employees traveling on authorized County business for work
related expenses incurred as a result of the travel. Each department head is responsible for
authorization of employee travel and the reimbursement of travel expenses in accordance with
procedures issued periodically by the finance department. The County Manager shall authorize and
approve travel for department heads.
Section 15. Internet access.
The County provides Internet access via various computers throughout the county offices. Any
employee utilizing the Internet shall comply with the Acceptable Computer Use & Security Policy.
Violation of this policy represents grounds for dismissal.
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ARTICLE VI. EMPLOYEE BENEFITS
Section 1. Eligibility
All Full-time employees of the County who are in permanent positions are eligible for employee
benefits as provided for in this Article which are subject to change at any time at the County's
discretion. Temporary and Part-time employees are eligible only for workers' compensation and
social security.
Section 2. Group Health and Hospitalization Insurance
The County provides group health and hospitalization insurance programs for Full-time permanent
employees.
Employees may add dependents to the group health and hospitalization insurance at a cost paid by
the employee.
Information concerning cost and benefits shall be available to all employees from the Human
Resources Office.
Section 3. Group Life Insurance
The County provides paid life insurance to its employees. Information on costs, coverage, and
benefits are available from the Human Resources Office.
Section 4. Other Optional Group Insurance Plans
The County may make other group insurance plans available to employees upon authorization of
the County Manager or County Board. Information on costs, coverage, and benefits are available
from the Human Resources Office.
Section 5. Retirement
Each employee who is expected to work for the County more than 1,000 hours annually shall join
the North Carolina Local Governmental Employees' Retirement System when eligible as a condition
of employment. New hires who are current members of the NC Local or State Government
Employees’ Retirement System will likely be covered under the retirement system as of their first day
of employment.
Employees contribute, through payroll deduction, six percent of their gross salary to the system. The
County contributes an actuarially determined percentage of the gross payroll each month to the
system.
Provisions of this system are further outlined in the North Carolina Local Government Employees'
Retirement System handbook available from the Human Resource Office. Please note that the
specifics of this program may change from time to time and the provisions of LGERS, not this
Handbook, will apply.
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Please also note that law enforcement officers may be covered by the Law Enforcement Officer’s
Benefit and Retirement Fund, which applies different criteria. Information on the NCLEOBRF can be
found in the Human Resources Department.
Retiree Health Insurance
A Regular, Full-time employee of the County who applies for and receives full or reduced LGERS or
NCLEOBRF retirement may continue comparable individual coverage as is provided to active, full
time County employees. In the event the County requires its active Full-time employees to pay a
pro-rated share of his or her individual medical insurance costs, eligible retirees will also be required
to pay the same pro-rated share as active Full-time employees. The cost for the employee’s share
of the premiums, if any, will be determined on an annual basis.
Retiree health benefits are provided on the following pro-rated basis based on years of Continuous
Employment with Person County:
a) The County will pay 50% of the cost of comparable individual coverage for an employee
retiring with 20 years of Continuous Employment with Person County;
b) The County will pay 75% of the cost of comparable individual coverage for an employee
retiring with 25 years of Continuous Employment with Person County;
c) The County will pay 100% of the cost of comparable individual coverage for an employee
retiring with 30 years of Continuous Employment with Person County.
Coverage will continue until the employee becomes eligible for Medicare, at which time the County
will no longer pay for comparable coverage.
In the event the eligible retiree chooses to cancel or elects not to participate in the retirement health
insurance benefit, or otherwise is disqualified for receipt of the retirement health insurance benefit,
the eligible retiree will not be allowed to reapply for the retirement health insurance benefit at a later
date.
The retirement health insurance benefit will be applied only to eligible retirees. Should an eligible
retiree wish to continue benefits for a dependent, the eligible retiree may do so at the same level
allowed for active, full time employees, and at his or her own personal expense. Dependent coverage
will terminate at the death of the retired employee.
Service time credit with the County will be calculated based on actual service time and any sick
leave time that is on balance with the County at the time of retirement.
The County has the sole discretion to change providers, determine the amount of pro-rated shares,
and to determine coverage or plan options for both active employees and eligible retirees.
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Section 6. Supplemental Retirement Benefits (401-K)
The County allows employees to defer a portion of their income before taxes into a 401-K tax
deferment plan. The County provides contributions of 5% to a 401-K plan for active law enforcement
personnel as required by the state, and an amount to be determined by the County Commissioners
to other full -time permanent employees.
The County also pays a monthly separation allowance to retired law enforcement officers as required
by General Statues.
The County may choose to offer other deferred compensation or supplemental programs.
Section 7. Social Security
The County, to the extent of its lawful authority and power, has extended Social Security benefits for
its eligible employees and eligible groups and classes of such employees.
Section 8. Workers' Compensation
All employees of the County (Full-time, Part-time, and temporary) are covered by the North Carolina
Workers' Compensation Act and are required to report all injuries arising out of and in the course of
employment to their immediate supervisors at the time of the injury in order that appropriate action
may be taken.
Employees may elect to use sick leave and/or vacation both during the waiting period before
Workers' compensation benefits begin, and afterward to supplement the remaining one-third of
salary, except that employee may not exceed the regular salary amount using this provision. This
provision also applies to reactions to small pox vaccinations administered to County employees
under Section 304 of the Homeland Security Act. Such reactions shall be treated the same as any
other workers compensation claim as regards leave and salary continuation.
Responsibility for claiming compensation under the Workers' Compensation Act is on the injured
employee. Supervisors and employees should place Human Resources on notice of any work-
related accident immediately after it occurs, if possible. The Human Resources department will
coordinate the filing of such claims.
Section 9. Unemployment Compensation
County employees are covered by unemployment insurance. County employees who are terminated
due to a reduction in force or released from County service may apply for benefits through the local
Employment Security Commission office, where a determination of eligibility will be made.
Section 10. Tuition Assistance Program
Full-time employees who have completed initial probation may apply for tuition reimbursement for
courses taken on their own time, which will improve their skills for their current job or prepare them
for promotional opportunities within the County service. Tuition, registration, fees, laboratory fees,
and student fees are eligible expenses. Employees may be reimbursed eligible expenses up to a
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total of eight hundred dollars ($800) per fiscal year. Satisfactory completion of the courses will be
required for reimbursement. Requests for tuition assistance shall be submitted to the Department
Head in writing prior to course registration and are subject to the review and approval of Department
Head, HR Director and County Manager, subject to availability of funds. If approved, reimbursement
will be taken from the department’s training and/or travel line item. If an employee terminates within
3 years of tuition reimbursement he/she will be required to reimburse the County a pro-rated amount.
Section 11. Credit Union
Membership in the Local Government Employees' Credit Union is open to all County employees for
various loan services, checking, and savings accounts. Membership in the State Employees' Credit
Union is open to all employees under the State Human Resources Act and their family members for
various loan services, checking, and savings accounts.
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ARTICLE VII. HOLIDAYS AND LEAVES OF ABSENCE
Section 1. Policy
The policy of the County is to provide annual leave, sick leave, and holiday leave to all Full-time
employees in a permanent position with the County. Leave balances accrue with each payroll cycle
(excluding when a third check is issued in a month) when employees are working or are in a paid
leave status. Leave balances should be printed on payroll checks or provided to employees with
each paycheck, including net accrued sick leave, annual, holiday leave, and compensatory leave.
Section 2. Holidays
The policy of the County is to follow the holiday schedule as published by the State of North Carolina
each year. The schedule for the calendar year will be published by December 1 of the previous
calendar year for distribution to County employees. Regardless of their scheduled hours, employees
regularly scheduled to work 8 or more hours in a day will be entitled to receive 8 hours of Holiday
pay for each Holiday. Employees regularly scheduled to work 7.5hours in a day will be entitled to
receive 7.5hours of Holiday Pay for each holiday.
Section 3. Holidays: Effect on Other Types of Leave
Regular holidays which occur during annual, sick or other leave period of any employee shall not be
considered as annual, sick, or other leave.
Section 4. Holidays: Compensation When Work is Required
Public Safety employees required to perform work on regularly scheduled holidays shall be entitled
to receive 8 hours pay for the holiday, regardless of the time spent working. In other words, if a Public
Safety Employee works 10 hours on a holiday, the employee will be paid their regular wage for the
actual time worked, plus 8 hours of holiday pay.
All other employees who are required to work on a holiday, or work longer hours on non-holidays
during the week of a holiday (for non-exempt employees only), will be entitled to receive either 7.5
or 8 hours of holiday pay depending on their work schedules as described above. Any earned holiday
pay which is in excess of the employee’s standard weekly pay will be “banked” as holiday time, and
shall be used before any annual leave is applied. For example, if a non-exempt employee usually
works 37.5 hours a week, works 32 hours Monday through Thursday, and does not work on the
Friday Holiday, 5.5 hours of holiday time will be used in order to ensure the employee receives his
or her regular weekly wage, and 2 hours of time will be “banked” for the employees’ use in the future.
In the event this same employee worked 30 hours Monday through Thursday, the employee would
be paid for all 7.5 hours of holiday pay. Upon termination, an employee will be paid for any unused
holiday time that is available.
Departments with employees working a shift schedule will compensate those employees for working
on the “true” holiday.
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Section 5. Annual Leave
Annual leave may be used for any purpose. Full-time Employees (including Probationary
employees) must request annual leave from their supervisor with as much advance notice as
possible, or as determined by the Department Head. Annual leave may also be used by employees
who wish to observe religious holidays other than those granted by the County, upon request in
advance. Supervisors are responsible for insuring proper staff coverage and may refuse annual
requests when they create a hardship for the County
Section 6. Annual Leave: Accrual Rate
Full-time Employees (including probationary employees) of the County shall earn annual leave at
the following schedule,
Years of Service Days Accrued Per Year
0 - 4 12
5 - 9 15
10 - 14 18
15 - 19 20
20 plus 21
Annual leave should be accrued in each payroll period on a pro-rated basis.
Section 7. Annual Leave: Maximum Accumulation
Annual leave may be accumulated without any applicable maximum until December 31 of each year.
Effective the last payroll in the calendar year, any employee with more than 30 days of accumulated
leave shall have the excess accumulation converted to sick leave so that only 30 days are carried
forward to January 1 of the next calendar year.
Because the number of hours in employee work weeks vary, the number of hours in 30 days varies.
30 days for 37.5 hour employees = 225 hours; 30 days for 40+ hour employees = 240 hours.
Employees are cautioned not to retain excess accumulated annual leave until late in the year.
Because of the necessity to keep all functions in operation, large numbers of employees cannot be
granted annual leave at any one time. If an employee has excess leave accumulation during the
latter part of the year and is unable to take such leave because of staffing demands, the employee
shall receive no special consideration either in having annual leave scheduled or in receiving any
exception to the maximum accumulation. Employees may not receive pay for excess annual leave
time.
Section 8. Annual Leave: Manner of Taking
Employees shall be granted the use of earned annual leave upon request in advance at those times
designated by the Department Head which will least obstruct normal operations of the County.
Department heads are responsible for insuring that approved annual leave does not hinder
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the effectiveness of service delivery. Annual leave will be taken in quarter hour units.
Section 9. Annual Leave: Payment upon Separation
An employee who has successfully completed their initial probationary period will normally be paid
for accumulated annual leave upon separation subject to the 30-day maximum, provided notice is
given to the supervisor at least two weeks in advance of the effective date of resignation. Department
Heads are required to give a 30-day notice. Any employee failing to give the notice required by this
section shall forfeit payment for accumulated leave. The notice requirement may be waived by the
County Manager when deemed to be in the best interest of the County.
Non-probationary employees who are involuntarily separated shall receive payment for accumulated
annual leave subject to the 30-day maximum.
Probationary Employees will not receive payment for any accumulated annual leave should their
employment end during or at the end of the Probationary Period.
Section 10. Annual Leave: Payment upon Death
The estate of an employee who dies while employed by the County shall be entitled to payment of
all the accumulated annual leave credited to the employee's account not to exceed the 30-day
maximum.
Section 11. Sick Leave
Sick leave with pay is not a right which an employee may demand, but a privilege granted for the
benefit of an employee when sick. Sick leave may be granted to a Full-time employee (including
probationary employees) absent from work for any of the following reasons: sickness, bodily injury,
required physical or dental examinations or treatment, or exposure to a contagious disease, when
continuing work might jeopardize the health of others.
Sick leave may be used when an employee must care for a member of his or her immediate family
who is ill, but may not be used to care for healthy children when the regular care giver is sick.
Sick leave may also be used to supplement Workers' Compensation Disability Leave both during the
waiting period before Workers' Compensation benefits begin, and afterward to supplement the
remaining salary, except that employees may not exceed their regular salary amount using this
provision.
"Immediate family" is defined in the definitions section of this Policy.
Notification of the desire to take sick leave should be submitted to the employee's supervisor prior to
the leave when the need for leave is known. When unknown, the employee should notify his or her
supervisor no later than two hours prior to the beginning of the scheduled workday. Please note that
different departments may specifically require more than two (2) hours’ notice. Failure to do so
appropriately may result in disciplinary action.
In the event the employee needs to take more than three (3) consecutive days of sick leave, the
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employee should inform his or her supervisor or Human Resources of the same so that the employee
can appropriately be considered for FMLA. Supervisors should ensure that Human Resources is
aware of any absence that exceeds three (3) consecutive days.
Employees who take an entire day of sick leave will be paid based on the hours scheduled to work
on that day. Payment for sick leave hours in excess of the employee's scheduled work hours shall
not be an option. Sick leave will generally be authorized only for the time off that would fall on a
scheduled workday.
In order to facilitate the recruitment of qualified persons with appropriate public-sector experience,
the County Manager may authorize the carry-over of all of the unused sick leave that has been
certified as accumulated during employment with a past state or local government employer under
the State or Local Government Employees Retirement System.
Section 12. Sick Leave: Accrual Rate and Accumulation
Sick leave shall accrue at a rate of one day per month of service or twelve days per year for full time
employees. Sick leave will be cumulative for an indefinite period of time and may be converted upon
retirement for service credit consistent with the provisions of the North Carolina Local Government
Employees' Retirement System.
All sick leave accumulated by an employee shall end and terminate without compensation when the
employee resigns or is separated from the County, except as stated for employees retiring pursuant
to the terms of the North Carolina Local Government Retirement System. Sick leave will be kept on
file for five years with the County.
Section 13. Sick Leave: Medical Certification
The employee’s supervisor or Department Head may require a physician's certificate stating the
nature of the employee or immediate family member's illness and the employee's capacity to resume
duties, for each occasion on which an employee uses sick leave, whenever the supervisor observes
a "pattern of absenteeism,” or for other applicable reasons. The employee may be required to submit
to such medical examination or inquiry as the Department Head deems desirable. The Department
Head shall be responsible for the application of this provision to the end that:
a) Employees shall not be on duty when they might endanger their health or the health of
other employees; and
b) There will be no abuse of leave privileges.
Claiming sick leave under false pretense to obtain a day off with pay shall subject the employee to
disciplinary action.
Section 14. Bereavement Leave
Sick leave may be used for death in the employee’s immediate family, but may not exceed three
days for any one occurrence. Any additional leave would need to be approved by the Employee’s
supervisor.
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Section 15. Extended Leave
A full -time permanent employee may be granted an extended leave of absence for a period of up to
six months by the County Manager. The leave should be used for reasons of personal disability,
sickness or disability of immediate family members, continuation of education, special work that will
permit the County to benefit by the experience gained or the work performed, or for other reasons
deemed justified by the County Manager.
The employee shall apply in writing to the Department Head for leave and the Department Head will
forward to the County Manager. The employee is obligated to return to duty within or at the end of
the time determined appropriate by the County Manager unless otherwise required by law. Upon
returning to duty after being on leave for up to six months the employee shall be entitled to return to
the same position held at the time leave was granted or to one of like classification, seniority, and
pay. After the six months of leave, the County will make all efforts to return the employee to the
same position held at the time leave was granted, or to a position of like classification, seniority, and
pay, but an employee is not entitled such reinstatement unless otherwise required by law. If the
employee decides not to return to work, the Department Head shall be notified immediately. Failure
to report at the expiration of a leave of absence, unless an extension or other type of accommodation
has been requested, shall be considered a resignation.
An employee on an extended leave of absence will be required to exhaust any unused holiday hours,
compensatory time, sick leave, annual leave, or other paid leave prior to going into a leave without
pay status. While in a paid leave status, all benefits and entitlements which would normally accrue
will continue to accrue. While in a leave without pay status, the employee may continue to be eligible
for benefits under the County’s Group insurance plans at his or her own expense, subject to any
regulation adopted by the County Commissioners, the regulations of the insurance carrier, and any
other federal, state or local la. At the time at which a triggering event occurs, an Employee will be
provided with a COBRA notice.
Leave for a permanent Part-time employee will be considered on a case by case basis, and will be
allowed in the sole discretion of the County.
Section 16. Parental Leave
After successful completion of the probationary period, regular full-time employees who are new
parents from the birth of a child or who legally adopt a child and who intend to return to work are
given 30 paid days of new parent leave. Requests for such leave should be made in writing at least
60 days before the start of the requested parental leave. Leave must be used concurrently with
Family Medical Leave (FMLA) and will begin on the first day out. A doctor’s note will be required to
begin the leave period and continue as approved by a doctor. Insurance benefits will continue during
parental leave as will accrual of paid vacation and sick leave. If both parents work for the County
and want to use parental leave, it cannot exceed 30 days combined.
Effective July 1, 2019
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Section 17. Family Medical Leave
The County will grant family and medical leave of up to 12 weeks and up to 26 weeks of military
caregiver leave, during any calendar year, to eligible employees in accordance with the Family and
Medical Leave Act.
During the FMLA period, eligible employees are required to exhaust all available paid leave before
going on a leave without pay, and such paid time should be coordinated with the County’s annual,
sick leave and compensatory time off policies. Employees must also use any paid time off which is
accrued while they are in a paid leave status prior to going on a leave without pay. Once available
paid leave has been exhausted, the remaining FMLA leave period will be unpaid. Additional time
away from the job beyond the 12-week period may be approved in accordance with the County’s
leave without pay policy.
To qualify for FMLA coverage, the employee must have been employed by the County for at least
12 months; which do not have to be consecutive. However, the employee must have worked 1,250
hours during the twelve-month period immediately before the date when the FMLA leave is
scheduled to begin.
Leave can be used for the following reasons:
a) For incapacity due to pregnancy, prenatal medical care or child birth;
b) For the birth of, and to care for, the employee’s child after birth;
c) For placement of a child with employee for adoption or for foster care;
d) To care for the employee’s spouse, son or daughter or parent, who has a serious health
condition;
e) For a serious health condition that makes the employee unable to perform the functions of
their job;
f) To care for the employee’s spouse, child, parent or next of kin who is a Covered Service
member with a Serious Injury or Illness incurred while on active duty (Military Caregiver
Leave); and/or
g) Because of a Qualifying Exigency of an employee’s spouse, child or parent who is either on
active duty or who has been called to active duty (Military Exigency Leave).
An employee who takes leave under this policy will be entitled to return to the same job or a job with
equivalent status, pay, benefits, and other employment terms. The position will be the same or one
which entails substantially equivalent skill, effort, responsibility, and authority.
If both spouses work for the County and each wish to take leave for the birth of a child, adoption or
placement of a child in foster care, or to care for a parent (not parent in-law) with a serious health
condition, the spouses together may only take a total of 12 weeks leave under FMLA.
An employee taking leave for the birth of a child may use paid sick leave for the period of actual
disability, based on medical certification. The employee shall then use all paid annual leave and
accrued compensatory time for the remainder of the 12-week period.
An employee does not need to use FMLA leave in one block. Leave can be taken intermittently or
on a reduced leave schedule when medically necessary. Employees must make reasonable efforts
to schedule leave for planned medical treatment so as not to unduly disrupt the County’s
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operations. The County reserves the right to request updated medical certifications every 30 days
for intermittent leave. The County will charge the employee’s FMLA for any leave taken for the
purpose of the FMLA qualifying health condition. Accordingly, it is the employee’s duty to notify his
or her department head so that it is clear that the need for unplanned leave is FMLA qualifying. If it
is unclear, please be aware that the department head may ask whether the need for the leave is for
the employee’s FMLA qualifying health condition.
Untruthful responses to County inquiries, untruthful statements on medical certifications, or working
for ones’ self or another entity while on FMLA leave will be considered abuse of the county’s leave
policies and may subject an employee to discipline.
A “Serious Health Condition” is defined as an injury, impairment, or physical or mental condition
which requires inpatient care at a hospital, hospice, or residential medical care facility, or a condition
which requires continuing care by a licensed health care provider, or continuing treatment by a health
care provider which includes any period of incapacity due to a chronic or long-term health condition
which results in a period of incapacity or more than three days. Pregnancy or prenatal care, a chronic,
serious health condition which continues over an extended period of time and requires periodic visits
to a health care provider, or permanent or long-term condition for which treatment may not be
effective, or any absences to receive multiple treatments for restorative surgery or for a condition
which would likely result in a period of incapacity of more than three (3) days if not treated, will all
likely qualify as a serious health condition.
“Military Exigency” is a qualifying exigency arising out of the fact that the employee’s spouse, son,
daughter, or parent is a military service member (reserve or national guard) under a call or order to
federal active duty in support of a contingency operation. Qualifying events are:
1. deployment of service member with seven or fewer days’ notice;
2. military ceremonies and events such as family-assistance or informational programs
related to the family member’s active duty or call to active duty;
3. urgent, immediate childcare or arranging for alternative childcare for the children of
service members;
4. attending school or daycare meetings relating to the child of service member;
5. making financial or legal arrangements related to a family member’s active duty status
or call to active duty; or
6. post-deployment activities for a period of ninety days after the termination of the service
member’s active duty status.
“Military Caregiver Leave” includes an employee whose spouse, son, daughter, parent or next of kin
is a current service member who is undergoing treatment, therapy, recuperation or outpatient
treatment or has temporary disability retirement for injury or illness sustained in the line of duty, is
eligible for 26 weeks of leave in a single 12-month period. During a single 12-month period, the
employee is eligible for a total of 26 weeks of all types of FMLA leave.
Section 18. Family and Medical Leave: Medical Certification
In order to qualify for leave under this law, the County requires medical certification. This statement
from the employee's or the family member's physician should include the date when the condition
began, its expected duration, diagnosis, and brief statement of treatment. For the employee's own
health condition, it should state that the employee is unable to perform the essential functions of
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his/her position. For a seriously ill family member, the certification must include a statement that the
patient requires assistance and the employee's presence would be beneficial or desirable.
This certification should be furnished at least 30 days prior to the needed leave unless the employee's
or family member's condition is a sudden one. The certification should be furnished as soon as
possible (no longer than 15 days from the date of the employee’s request under most scenarios).
The certification and request must be made to the department head and filed with the Human
Resources Director.
The employee is expected to return to work at the end of the time frame stated in the medical
certification, unless he/she has requested additional time off in writing under the County's Leave
Without Pay policy, or has requested some other type of accommodation.
Section 19. Family Medical Leave and Leave Without Pay: Retention and Continuation of
Benefits
When an employee is on leave under FMLA, the County will continue the employee's health benefits
during the leave period at the same level and under the same conditions as if the employee had
continued to work. In the event the Employee is required to pay a portion of his or her health care
premium, the Employee must make arrangements to do so with the Human Resources Director prior
to beginning FMLA leave. If an employee chooses not to return to work for reasons other than a
continued serious health condition, the County will require the reimbursement of the amount paid for
the employee's health insurance premiums during the FMLA leave period.
Other insurance and payroll deductions are the responsibility of the employee and the employee
must make those payments for continued coverage of that benefit.
During the time an employee uses paid leave, including but not limited to sick leave, annual leave or
holiday leave during FMLA leave, the employee will continue to accumulate sick and annual leave.
An employee ceases to accrue leave on the date leave without pay begins and service credit with
LGERS is not typically earned while in a leave without pay status.
Section 20. Workers' Compensation Leave
All injuries arising out of, and during, the course of employment should be reported by the injured
employee to the immediate supervisor as soon as possible. The supervisor or department head shall
file an injury report to the Human Resources department within twenty-four (24) hours of the time of
the accident.
An employee absent from duty because of sickness or disability covered by the North Carolina
Workers' Compensation Act may elect to use accrued sick leave, annual, or compensatory time
during the first waiting period. These days will be reimbursed only if the disability continues for more
than twenty-one (21) days. When workers’ compensation leave extends long enough for the waiting
period to be reimbursed, the employee shall return the reimbursement check to the County and have
leave hours reinstated for all time covered by paid leave. In such cases, the County will pay the
employee for any unpaid time that is owed the employee. The employee may also elect to
supplement workers’ compensation payments after they begin with sick leave, annual, or
compensatory time, provided that the combination of leave supplement and workers’ compensation
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payments does not exceed normal compensation. If an employee elects to supplement time,
employees will need to key their time into the timesheet under the workers’ compensation sick leave
pay type.
An employee on workers’ compensation leave may be permitted to continue to be eligible for benefits
under the County’s group insurance plans. The employee will continue to accrue leave, such as sick,
annual and holiday leave, while supplementing workers’ compensation leave, and will retain all
accumulated sick and annual leave. Service in LGERS, however, will not accrue during the period
of workers’ compensation leave. Employees are encouraged to contact LGERS for any questions
related to creditable service time.
a) Injured employees must notify their supervisor when they are placed out of work by the
attending physician. The department head will submit a personnel action form to Human
Resources to place the employee on workers’ compensation leave.
b) Before returning to work, a statement from the attending physician should be submitted to
the Human Resources department giving permission for the employee to resume regular or
modified duties.
c) Upon return to work, the employee’s department head will submit a personnel action form to
Human Resources to remove the employee from workers’ compensation and the employee’s
salary will be computed on the basis of the last salary plus any merit increment or other salary
increase to which the employee would have been entitled during the disability covered by
workers’ compensation.
This provision also applies to reactions to small pox vaccinations administered to County
employees under Section 304 of the Homeland Security Act. Such reactions shall be treated the
same as any other workers’ compensation claim as regards leave and salary continuation.
Section 21. Military Leave
The County will fully comply with the Uniformed Services Employment and Reemployment Rights
Act (USERRA) and any other federal, state or local law that requires protection or benefits service
members. Regular employees entitled to military leave pursuant to state or federal law will be eligible
to receive up to four weeks of paid leave in one year. However, if the employee receives military pay
during this time, the employee shall only receive partial compensation equal to the difference in the
base salary earned during this same period as a County employee. The effect will be to maintain the
employee's salary at the normal level during this period.
If time off is required beyond four weeks in a year, the employee shall be eligible to take accumulated
holiday leave, compensatory time, sick leave and annual leave or be placed in a leave without pay
status, and the provisions of that leave shall apply. Compensatory time should be used first.
While taking protected military leave, the employee's leave credits and other benefits shall continue
to accrue as if the employee remained employed with the County. . It is the responsibility of the
employee to pay for supplemental insurances. Employees who are eligible for military leave have all
job rights specified state and federal law.
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Section 22. Reinstatement Following Military Service.
The County will fully comply with the requirements of USERRA and other applicable federal, state or
local laws. An employee called to extended active duty with the United States military forces, who
does not volunteer for service beyond the period for which called, shall be reinstated with full benefits
provided the employee:
a) Applies for reinstatement within ninety days after the release from military service; and
b) Is able to perform the duties of the former position or similar position; or
c) Is unable to perform the duties of the former position or a similar position due to disability
sustained as a result of military service, but is able to perform the duties of another position
in the service of the County. In this case the employee shall be employed in such other
position as will provide the nearest approximation of the seniority, status, and pay which the
employee otherwise would have been provided, if available.
Section 23. Civil Leave
A County employee called for jury duty, receives a subpoena or as a court witness for the federal or
state governments, or a subdivision thereof, shall receive leave with pay for such duty during the
required absence without charge to accumulated leave. The employee may keep fees and travel
allowances received for jury or witness duty in addition to regular compensation; except, that
employees must turn over to the County any witness fees or travel allowance awarded by that court
for court appearances in connection with official duties. While on civil leave, benefits and leave shall
accrue as though on regular duty. This Section is meant to apply to provide protected, unpaid leave
for Jury Duty, Domestic Violence leave, and Juvenile Court Order leave, as required by the North
Carolina General Statutes.
Section 24. Parental School Leave
Under NC General Statutes 95-28.3, a County employee who is a parent, guardian, or person
standing in loco parentis (in place of the parent) may take up to four hours of unpaid leave annually
to involve him or herself in school activities of his or her child(ren). This leave is subject to the three
following conditions:
1) The leave must be taken at a time mutually agreed upon by the employee and the County;
2) The County may require the employee to request the leave in writing at least 48 hours prior
to the time of the desired leave; and
3) The County may require written verification from the child’s school that the employee was
involved at the school during the leave time.
Paid leave (annual time or earned compensatory time) taken by an employee to attend to school
activities of his or her child shall count toward the fulfillment of this provision by the County.
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Section 25. Voluntary Shared Leave
Purpose
There are occurrences brought about by serious and prolonged medical conditions that cause
employees to exhaust all available leave and therefore be placed on leave without pay. It is
recognized that such employees forced to go on leave without pay could be without income at the
most critical point in their work life. It is also recognized that fellow employees may wish to voluntarily
donate some of their paid leave so as to provide assistance to a fellow employee. This policy would
provide an opportunity for employees to assist another affected by a medical condition that requires
absence from duty for a period of time resulting in possible loss of income due to lack of accumulated
leave.
This policy and program will provide the opportunity for one employee to help another on a one to
one, personal basis. It does not permit “banking” of leave.
Policy
In those cases of a medical condition an employee may apply for or be nominated to become a
recipient of leave transferred from the paid leave account of another employee. For purposes of this
policy, medical condition means medical condition of an employee or a family member of such
employee that is likely to require an employee’s absence from duty for a prolonged period of time
and to result in a substantial loss of income to the employee due to limited leave in the employee’s
leave account. The intent of this policy is to allow one employee to assist another in case of a crisis
involving a serious or prolonged medical condition. It is not the intent of this policy to apply to
incidental, normal, short-term medical conditions.
The use of paid leave on a shared basis for any purpose other than specified by this policy is
prohibited. An employee who has a medical condition and who receives benefits from the Disability
Income Plan of North Carolina (DIPNC) is not eligible to participate in the shared leave program.
Participation in this program is limited to six months, either continuously or, if for the same condition
on a recurring basis. However, management may grant employee continuation in the program,
month by month for a maximum of one year, if management would have otherwise granted leave
without pay.
An employee on workers’ compensation leave who is drawing temporary total disability
compensation may be eligible to participate in this program. Use of donated leave under the workers’
compensation program would be limited to use during the required waiting period.
Administration
This program shall be administered through Human Resources under the following conditions:
I. Qualifying to Participate
a. Employee must be a full time permanent, probationary, Work Against or trainee
appointment status.
b. By letter of application to Human Resources, a recipient shall apply, or be
nominated by a fellow employee to participate in the program. Medical certification from
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a physician is required.
c. Application for participation would include name, social security number, classification,
department and estimated length of time needed to participate in the program.
d. By submission of the application or nomination the employee is aware the HR
department will post the request to County departments.
e. The department head and Human Resources shall review the merits of the request and
approve or disapprove.
f. Establishment of a leave “bank” for use by unnamed employees is expressly prohibited.
II. Participation Requirements
a. A donor may contribute annual leave or sick leave.
b. The minimum amount to be donated is four hours.
c. An employee shall have exhausted all available annual, sick, and comp leave to become
eligible to use donated leave.
d. The maximum amount of leave allowed to be donated by one individual is to be no more
than the amount of the individual’s annual accrual rate. However, the amount donated is
not to reduce the donor’s annual leave balance below one-half of the annual leave accrual
rate.
e. Leave donated to a recipient’s leave account is exempt from the maximum accumulation
carry over restrictions at calendar year end.
An employee may not directly, indirectly, intimidate, threaten, coerce, or attempt to
intimidate, threaten, or coerce, any other employee for the purpose of interfering with any
right which such employee may have with respect to donating, receiving, or using
annual/sick leave under this program. Such action by an employee shall be grounds for
disciplinary action up to and including dismissal on the basis of personal conduct.
Individual leave records are confidential and only individual employees may reveal their
donation or receipt of leave. The employee donating leave cannot receive remuneration
for the leave donated.
III. Donor Leave Accounting and Usage Procedures
a. Donor forms will be returned to Human Resources. Each department shall maintain a
system of leave accountability which will accurately record leave donations and
recipients use. Such accounts shall provide a clear and accurate record for financial and
management audit purposes. Notes should be made on both recipient and donor
timesheets indicating participation in the program and amount of participation.
b. Withdrawals from recipient’s leave account will be charged to the recipient’s account
according to usual leave policies.
c. At the expiration of the medical condition, any unused donated leave will be returned to
the donors on a pro-rated basis. Each approved emergency medical condition shall
stand alone and donated leave not used in accordance with the above provisions shall
be considered as having served its purpose, shall lose its identity, and shall be deleted
and the account closed.
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ARTICLE VIII. SEPARATION AND REINSTATEMENT
Section 1. Types of Separations
All separations of employees from positions in the service of the County shall be designated as one
of the following types and shall be accomplished in the manner indicated: Resignation, reduction in
force, disability, voluntary retirement, dismissal, or death.
Section 2. Resignation
An employee may resign by submitting the reasons for resignation and the effective date in writing
to the immediate supervisor as far in advance as possible. In all instances, the minimum notice
requirement is two weeks. A thirty-day notice is required for department heads. Failure to provide
minimum notice shall result in forfeit of payment for accumulated annual leave unless the notice is
waived upon recommendation of the Department Head, Human Resource Director and approval by
the County Manager. When a resignation is submitted, the Appointing or Hiring Authority may in its
sole discretion, make the decision to release the employee at any time prior to the end of the notice
given. In this event, the employee shall not be entitled to receive wage payments after the last day
actually worked.
Three consecutive days of absence without contacting the immediate supervisor or Department
Head is generally considered to be a voluntary resignation.
Sick leave will only be approved during the final two weeks of a notice with a physician’s certification
of comparable documentation.
Section 3. Reduction in Force
In the event that a reduction in force becomes necessary, consideration shall be given to the quality
of each employee's performance, organizational needs, and seniority in determining those
employees to be retained. Employees who are separated because of a reduction in force shall be
given at least two weeks’ notice of the anticipated action. No Regular employee shall be separated
while there are temporary, emergency or probationary employees serving in the same class in the
department, unless the Regular employee is not willing to transfer to the position held by the
temporary or probationary employee.
Section 4. Disability
An employee who cannot perform the essential functions of their position with or without a reasonable
accommodation because of a disability may be separated for disability. Action may be initiated by
the employee or the County. In all cases, such action must be accompanied by medical evidence
acceptable to the Department Head Human Resource Director and County Manager. The County
may require an examination, at the County's expense, performed by a physician of the County's
choice.
Section 5. Voluntary Retirement
An employee who meets the conditions set forth under the provision of the North Carolina Local
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Government Employee's Retirement System may elect to retire and receive all benefits earned under
the retirement plan.
Section 6. Death
Separation shall be effective as of the date of death. All compensation due shall be paid to the estate
of the employee.
Section 7. Dismissal
An employee may be dismissed in accordance with the provisions and procedures of Article IX.
Section 8. Reinstatement
An employee who is separated because of reduction in force may be reinstated within five years of
the date of separation, upon recommendation of the supervisor and approval of the Human Resource
Director and the County Manager. An employee who is reinstated in this manner shall be re-credited
with his or her previously accrued sick leave.
Section 9. Rehiring
An employee who resigns while in good standing may be rehired with the approval of the Appointing
Hiring Authority, and shall be regarded as a new employee, subject to all of the provisions of rules
and regulations of this Chapter. However, the employee shall be credited with his or her previously
accrued sick leave if he or she is rehired within five years. If an employee is rehired within one year
of resigning, the annual leave accrual rate they previously had can be used.
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ARTICLE IX. UNSATISFACTORY PERFORMANCE OF DUTIES, GROSSLY INEFFICIENT JOB
PERFORMANCE, AND UNACCEPTABLE PERSONAL CONDUCT
Please note that this policy does not apply to employees in the probationary period. In addition, to
the extent that this policy conflicts with the State Human Resources Act, this policy shall not apply
to employees subject to said Act.
Section 1. Disciplinary Action for Unsatisfactory Performance of Duties
A Regular employee may be placed on disciplinary suspension (without pay), demoted, or dismissed
for unsatisfactory job performance, if after following the procedure outlined below, the employee's
job performance is still deemed to be unsatisfactory. All cases of disciplinary suspension, demotion,
or dismissal must be approved by the Human Resource Director and the County Manager,
Appointing or Hiring authority prior to giving final notice to the employee.
Section 2. Unsatisfactory Performance of Duties Defined
Unsatisfactory job performance includes any aspects of the employee's job which are not performed
as required to meet the standards set by the supervisor. Examples of unsatisfactory job performance
include, but are not limited to, the following:
a) Demonstrated inefficiency, negligence, or incompetence in the performance of duties;
b) Careless, negligent or improper use of County property or equipment;
c) Unsatisfactory performance of duties as defined in the Performance Evaluation Policy;
d) Discourteous treatment of the public or other employees;
e) Absence without approved leave;
f) Repeated improper use of leave privileges;
g) Pattern of failure to report for duty at the assigned time and place;
h) Failure to complete work within time frames established in work plan or work standards;
I) Failure to meet work standards over a period of time;
j) Failure to follow the chain of command to address work-related issues, unless authorized
by
the County’s policies;
k. Failure to comply with County policies;
l. Insubordination – the willful or refusal to carry out a reasonable order from an authorized
supervisor;
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m. Failure to meet work standards or perform critical tasks;
n. Poor work habits, such as chronic tardiness; or
o. Unsafe behavior at work.
Section 3. Communication and Warning Procedures Preceding Disciplinary Action for
Unsatisfactory Job Performance
When an employee's job performance is unsatisfactory, or when incidents or inappropriate actions
warrant, the supervisor should meet with the employee as soon as possible for a counseling session
and may issue a written warning to discuss specific performance problems. An employee whose job
performance is unsatisfactory over a period of time should receive at least two written warnings from
the supervisor, the last of which will notify the employee that failure to make the required performance
improvement may result in dismissal, before disciplinary action resulting in dismissal is taken by the
County Manager, Appointing or Hiring Authority. All written warnings will become a part of the
employee’s personnel file.
Section 4. Disciplinary Action for Unsatisfactory Performance of Duties
If the employee's performance continues to be unsatisfactory, and the employee has received at
least two written warnings as described above, then the supervisor should use the following
disciplinary steps:
a) A written recommendation from the Department Head should be sent to the Human
Resources Director, County Manager, Appointing or Hiring Authority for disciplinary action
such as suspension, demotion, or dismissal, and, if required, the employee should thereafter
be notified that a pre-disciplinary conference is being scheduled.
b) In the event the Department Head is the Appointing or Hiring Authority, a final written notice
should be from the Department Head to the employee to place them on notice that a pre-
disciplinary conference is being scheduled.
Section 5. Pre-Disciplinary Conference for Unsatisfactory Performance of Duties
Before disciplinary action is taken for unsatisfactory performance of duties, the County Manager,
Appointing or Hiring Authority, the Human Resources Director or a Department Head will conduct a
pre-disciplinary conference. At this conference, the employee may present any response to the
proposed disciplinary action to the County Manager, Appointing or Hiring Authority, Human Resource
Director or Department Head. This group will consider the employee’s response, if any, to the
proposed action, and will, no later than the end of the second business day following the pre-
disciplinary conference, notify the employee in writing of the final decision. If the employee is
dismissed, the notice shall contain a statement of the reasons for the action and the employee’s
appeal rights under the County’s grievance procedure.
Section 6. Unacceptable Personal Conduct Defined
Unacceptable personal conduct (previously and often referred to as “detrimental personal conduct”)
includes behavior of such a serious detrimental nature that the functioning of the County
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may be or has been impaired; the safety of persons or property may be or have been threatened; or
the laws of the government may be or have been violated. The Unacceptable Personal Conduct
category is intended to be used for actions and behaviors exhibited for which no reasonable person
could, or should, expect to receive prior warnings.
Examples of unacceptable personal conduct include, but are not limited to, the following:
a) Job related conduct which constitutes violation of state or federal law, including but not
limited to acts of fraud or theft; or
b) Conviction of a felony or an offense involving moral turpitude that is detrimental to or
impacts the employee's service to the agency; or
c) The willful violation of known or written work rules; or
d) Conduct unbecoming an employee that is detrimental to the agency's service; or
e) The abuse of client(s), patient(s), or a person(s) over whom the employee has charge or
to whom the employee has a responsibility, or of an animal owned or in the custody of
the agency; or
f) Falsification of an employment application or other employment documentation such as
falsification of any record for personal profit, or to grant special privileges; or
g) Insubordination which is the willful failure or refusal to carry out a reasonable order from
an authorized supervisor;
h) Absence from work after all authorized leave credits and benefits have been
exhausted; or
i) Grossly inefficient job performance.
For example only, willful violation of known or written work rules and conduct unbecoming an
employee that is detrimental to the agency's service may include:
1) Willful misuse or gross negligence in the handling of County funds; Willful or wanton damage
or destruction to property;
2) Willful or wanton acts that endanger the lives and property of others;
3) Possession of unauthorized firearms or other lethal weapons on the job;
4) Brutality in the performance of duties;
5) Reporting to work under the influence of alcohol or drugs or partaking of such while on duty.
Prescribed medication may be taken within the limits set by a physician as long as medically
necessary;
6) Engaging in incompatible employment or servicing a conflicting interest;
7) Request or acceptance of gifts in exchange for favors or influence;
8) Engaging in political activity prohibited by this policy; or
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9) Stated refusal to perform assigned duties or flagrant violation of work rules and regulations.
Grossly Inefficient Job Performance occurs in instances in which the employee fails to satisfactorily
perform job requirements as specified in the job description, work plan, or as directed by the
management of a County department or agency that results in:
A. The potential for death or serious harm to a client(s), employee(s), members of the
public, or to a person over whom the employee has responsibility, or
B. The loss of, or damage to, County property or funds that results in a serious impact
on the County or department, or on the employee’s ability to function effectively
thereafter, or
C. Any other instances of job performance deficiencies that may constitute a gross
oversight in performance of duties.
This category is intended to be used in addressing failure in the performance of duties for which no
reasonable person could, or should, expect to receive prior warnings.
Section 7. Disciplinary Action for Unacceptable Personal Conduct
With the approval of the Department Head, Human Resources Director, and County Manager,
Appointing or Hiring Authority, an employee may be placed on disciplinary suspension (without
pay), demoted, or Dismissed without prior warning for causes relating to personal conduct
detrimental to County service in order to:
a) avoid undue disruption of work;
b) to protect the safety of persons or property; or
c) for other serious reasons.
Employees may be disciplined based on one instance of grossly inefficient job performance. The
duration for suspensions will be reviewed case by case.
Section 8. Pre-Disciplinary Conference for Unacceptable Personal Conduct.
Before disciplinary action is taken for unacceptable personal conduct the County Manager,
Appointing or Hiring Authority, the Human Resource Director or a Department Head will conduct a
pre-disciplinary conference. At this conference, the employee may present any response to the
proposed action to the County Manager, Appointing or Hiring Authority, Human Resource Director
or Department Head. This group will consider the employee's response, if any, to the proposed
action, and will, no later than the end of the second business following the pre-disciplinary
conference, notify the employee in writing of the final decision. If the employee is dismissed, the
notice shall contain a statement of the reasons for the action and the employee's appeal rights under
the County's grievance procedure.
Section 9. Non-Disciplinary Suspension
During the investigation, hearing, or trial of an employee on any criminal charge, during an
investigation related to an alleged disciplinary, harassment or discrimination issue, during the course
of any civil action involving an employee, or for any other reason when suspension would,
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in the sole discretion of the County, be deemed in the best interest of the County, the Department
Head, with the approval of the Human Resource Director and the County Manager, Appointing or
Hiring Authority, may suspend the employee for the duration of the proceedings as a non- disciplinary
action. Such suspension may be paid or unpaid, in the sole discretion of the County. At the discretion
of the County, it may elect to allow the employee to use accrued paid leave during this suspension.
In such cases, the County may:
a) Temporarily relieve the employee of all duties and responsibilities and place the employee
on paid or unpaid leave for the duration of the suspension,
b) Assign the employee new duties and responsibilities and allow the employee to receive
such compensation as is in keeping with the new duties and responsibilities, or
c) Take any other actions necessary, as determined in the sole discretion of the County.
If the employee is reinstated following a suspension, such employee shall not lose any benefits to
which otherwise employee would have been entitled had the suspension not occurred. All benefits
with the exception of accrued annual leave and sick leave shall be maintained during the period of
suspension. However, it is in the sole discretion of the County as to whether the employee will receive
back-pay upon reinstatement after an un-paid non-disciplinary suspension. The duration for non-
disciplinary suspension may be up to 90 days at the discretion of the County Manager.
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ARTICLE X. GRIEVANCE PROCEDURE AND ADVERSE ACTION APPEAL
Section 1. Policy
It is the policy of the County to provide a just and prompt procedure for the presentation,
consideration, and disposition of employee grievances. The purpose of this article is to outline the
procedure and to assure all employees that a response to their complaints and grievances will be
prompt and fair.
Employees utilizing the grievance procedure shall not be subjected to retaliation or any form of
harassment from supervisors or employees for exercising their rights under the grievance procedure.
Supervisors or other employees who violate this policy shall be subject to disciplinary action up to
and including dismissal.
Please note that, this policy does not apply to employees in the probationary period. In addition, to
the extent that this policy conflicts with the State Human Resources Act, this policy shall not apply to
employees subject to said Act.
Section 2. Grievance Defined
Only issues specifically made grievable by this Article may be addressed through the grievance
procedure. Grievable issues are:
1. Serious disciplinary actions –Serious disciplinary actions covered by this policy are
demotion, disciplinary suspension without pay and dismissal. No other disciplinary
actions may be grieved through this policy. Please note that employees who wish to
present a grievance related to a dismissal are not required to undergo the informal
processes detailed in this policy and should submit their grievance directly to the
Human Resources Director, pursuant to Section 3, below.
2. Allegations of illegal discrimination – Allegations of illegal discrimination based on
race, color, religion, sex, national origin, qualified disability, marital status, age,
genetic information (including family medical history), marital status, political
affiliation, sexual orientation, status as parent, or labor organization affiliation or
nonaffiliation, age, sex, race, color, national origin, religion, creed, or disability,
or any other protected class under applicable law, in promotion, discipline,
termination or upon the terms and conditions of employment may be grieved through
this policy.
3. Allegations of unlawful workplace harassment – Allegations of harassment of any type
may be grieved and/or reported through this policy.
4. Allegations of violations of any applicable federal or state law - as applied to the
employee, including but not limited to
a. The Fair Labor Standards Act;
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b. The Age Discrimination in Employment Act;
c. The Family Medical Leave Act;
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d. The Americans with Disabilities Act; and
e. Title VII of the Civil Rights Act of 1964
Any item, matter or issue not specifically listed above is not a grievable issue. Specifically, the
following matters are not covered by this policy and are not subject to the grievance policy:
1. Written warnings and placement on non-disciplinary suspension with or without
pay.
2. Matters of inherent management rights – These matters include, but are not limited
to, such areas as the programs and functions of Person County, budgetary
allocation, standards of service, utilization of technology, and the assignment and
re-assignment of staff to positions, duty stations, and shifts
Section 3. Purposes of the Grievance Procedure
The purposes of the grievance procedure include, but are not limited to:
1) Providing employees with a procedure by which their complaints can be considered
promptly, fairly, and without reprisal;
2) Encouraging employees to express themselves about the conditions of work which affect
them as employees;
3) Promoting better understanding of policies, practices, and procedures which affect
employees;
4) Increasing employees' confidence that personnel actions taken are in accordance with
established, fair, and uniform policies and procedures; and
5) Increasing the sense of responsibility exercised by supervisors in dealing with their
employees.
6) Encouraging conflicts to be resolved between employees and supervisors who
must maintain an effective future working relationship, and therefore,
encouraging conflicts to be resolved at the lowest level possible in the chain of command;
and
7) Creating a work environment free of continuing conflicts, disagreements, and negative
feelings about the County or its leaders, thus freeing up employee motivation, productivity,
and creativity.
Section 4. Procedure
When an employee has a grievance, the following successive steps are to be taken unless otherwise
provided. The number of calendar days indicated for each step should be considered the maximum,
unless otherwise provided herein or required by the State Human Resources Act, and
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every effort should be made to expedite the process. However, the time limits set forth may be
extended by mutual consent unless otherwise required by the State Human Resources Act. The last
step initiated by an employee shall be considered to be the step at which the grievance is resolved.
A decision to rescind a disciplinary suspension, demotion or dismissal must be approved by the
Appointingor Hiring Authority before the decision becomes effective.
Informal Resolution. Prior to the submission of a formal grievance, the employee and supervisor
should meet to discuss the problem and seek to resolve it informally. Either the employee or the
supervisor may involve the Human Resources Office as a resource to help resolve the grievance.
Unless otherwise required by the State Human Resources Act, mediation will not be a formal step
required during the informal resolution process.
Step 1. If no resolution to the grievance is reached informally, the employee who wishes to pursue
a grievance shall present the grievance to the supervisor in writing. The grievance must be presented
within fifteen calendar days of the event or within fifteen calendar days of learning of the event or
condition, or of written receipt of the notice of a disciplinary action, whichever occurs later. The
supervisor shall respond to the grievance within five work days after receipt of the grievance. The
supervisor should, and is encouraged to, consult with any employee of the County in order to reach
a correct, impartial, fair and equitable determination or decision concerning the grievance. Any
employee consulted by the supervisor is required to cooperate to the fullest extent possible.
The response from each supervisory level for each step in the formal grievance process shall be in
writing and signed and dated by the supervisor. In addition, the employee shall sign a copy to
acknowledge receipt thereof. The responder at each step shall send copies of the grievance and
response to the Human Resources Director.
Step 2. If the grievance is not resolved to the satisfaction of the employee by the supervisor, the
employee may appeal, in writing, to the Department Head within five work days after receipt of the
response from Step 1. The Department Head shall respond to the appeal, stating the determination
of decision within five work days after receipt of the appeal.
Step 3. (For general County employees only) If the grievance is not resolved to the satisfaction of
the employee by the Department Head, the employee may appeal, in writing, to the County Manager,
Appointing or Hiring Authority within five work days after receipt of the response from Step 2. The
Appointing or Hiring Authority shall respond to the appeal, may meet with the employee to discuss
the grievance fully, and will make a decision within ten calendar days. The Appointing or Hiring
Authority’s decision is final.
Special Note: The Sheriff and Register of Deeds, will carry out the responsibilities designated as
the County Manager in their respective departments.
Step 3. (For employees subject to the State Human Resources Act) If the grievance is not
resolved to the satisfaction of the employee by the Department Head, the employee may appeal the
decision to the North Carolina Office of Administrative Hearings (OAH) within thirty calendar days of
the receipt of the Department Head's decision. The findings of the OAH will be forwarded to the
State Personnel Commission. The decision of the State Personnel Commission shall be advisory
only and the Department Head shall have the final decision.
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In conjunction with the County’s grievance policy as listed above, employees subject to the State
Human Resources Act which have complaints related to unlawful workplace harassment must submit
those complaints/allegations in writing to the Department Head within 30 calendar days of the alleged
harassing action, and the Department will be given 60 calendar days in which to take remedial action
(by using the informal resolution process listed above), unless otherwise waived pursuant to the Act.
Employees subject to the Act may elect to proceed through this Grievance policy, or to proceed
directly to the State Human Resources Commission (SHRC) for a hearing by the Office of
Administrative Hearings (OAH) on any grievance related to unlawful discrimination that does not
involve unlawful workplace harassment. A direct appeal to the SHRC must be filed within 30 calendar
days of receipt of notice of the alleged discriminatory act.
Department Heads. In the case of department heads or other employees where the Appointing or
Hiring Authority has been significantly involved in determining disciplinary action, including dismissal,
the Hiring Authority may wish to obtain a neutral outside party to either:
(a) provide mediation between the grieving department head and the Appointing or Hiring
Authority (see definition of mediation in informal resolution above); or
(b) consider the appeal and make recommendations back to the Appointing or Hiring Authority
concerning the appeal. Such parties might consist of human resource professionals,
attorneys, mediators, or other parties appropriate to the situation.
Department heads may also request the application of these special provisions.
The Appointing or Hiring Authority’s decision regarding the disposition of the grievance shall be the
final decision. The County Manager would notify the Board of Commissioners of any impending
legal action.
Section 5. Role of the Human Resources Director
Throughout the grievance procedure, the roles of the Human Resources Director shall be as
follows:
a) To advise parties (including employee, supervisors, and County Manager) of their rights and
responsibilities under this policy, including interpreting the grievance and other policies for
consistency of application;
b) To be a clearinghouse for information and decisions in the matter including maintaining files
of all grievance documents.
c) To give notices to parties concerning timetables of the process, etc.;
d) To facilitate the resolution of conflicts in the procedures or of the grievance at any step in the
process; and
e) To help locate mediation or other resources as needed.
The Human Resources Director shall also determine whether or not additional time shall be
allowed to either side in unusual circumstances if the parties cannot agree upon extensions when
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needed or indicated.
Section 6. Specific Grievance and Adverse Action Appeal Procedure for Discrimination and/or
Harassment
When an employee, former employee, or applicant believes that any employment action
discriminates illegally (i.e. is based on age, sex, race, color, national origin, religion, creed, political
affiliation, disability or any other class protected by applicable law), or otherwise believes he or she
is subject to unlawful workplace harassment, he or she has the right to initiate a grievance pursuant
to this Policy. In the event the supervisor or department head is the subject of the employee’s
complaint, the employee has the right to bypass discussions with the alleged perpetrator, and may
appeal directly to the Human Resource Director and the County Manager. An employee or applicant
should appeal an alleged act of discrimination within thirty calendar days of the alleged discriminatory
action, but may appeal for up to six months following the action.
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ARTICLE XI. PERSONNEL RECORDS AND REPORTS
Section 1. Public Information
In compliance with GS 153A-98, the following information with respect to each County employee is
a matter of public record: name; age; date of original employment or appointment to the County
service; the terms of any contract by which the employee is employed whether written or oral, past
and current, to the extent that the county has the written contract or a record of the oral contract in
its possession; current position; title; current salary; date and amount of each increase or decrease
in salary with the County; date and type of each promotion, demotion, transfer, suspension,
separation, or other change in position classification with the County; date and general description
of the reasons for each promotion with the County; date and type of each dismissal, suspension, or
demotion for disciplinary reasons taken by the County. If the disciplinary action was a dismissal, a
copy of the written notice of the final decision of the County setting forth the specific acts or omissions
that are the basis of the dismissal; the office to which the employee is currently assigned. For the
purpose of this subsection, the term “salary” includes pay, benefits, incentives, bonuses, and
deferred and all other forms of compensation paid by the County. Any person may have access to
this information for the purposes of inspection, examination, and copying, during regular business
hours, subject only to such rules and regulations for the safekeeping of public records as the County
may adopt.
Section 2. Access to Confidential Records
All information contained in a County employee's personnel file, other than the information mentioned
above is confidential and shall be open to inspection only in the following instances:
a) The employee or his/her duly authorized agent may examine all portions of his/her personnel
file except letters of reference solicited prior to employment, and information concerning a
medical disability, mental or physical, that a prudent physician would not divulge to the
patient.
b) A licensed physician designated in writing by the employee may examine the employee's
medical record.
c) A County employee having supervisory authority over the employee may examine all material
in the employee's personnel file.
d) By order of a court of competent jurisdiction, any person may examine all material in the
employee's personnel file.
e) An official of an agency of the State or Federal Government, or any political subdivision of
the State, may inspect any portion of a personnel file when such inspection is deemed by the
County Manager to be necessary and essential to the pursuit of a proper function of the
inspecting agency, but no information shall be divulged for the purpose of assisting in a
criminal prosecution of the employee, or for the purpose of assisting in an investigation of the
employee's tax liability.
However, the official having custody of the personnel records may release the name,
address, and telephone number from a personnel file for the purpose of assisting in a
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criminal investigation.
f) An employee may sign a written release to be placed in his/her personnel file that permits
the record custodian to provide, either in person, by telephone, or by mail, information
specified in the release to prospective employers, educational institutions, or other persons
specified in the release.
g) The County Manager may inform any person of the employment, non-employment,
promotion, demotion, suspension or other disciplinary action, reinstatement, transfer, or
termination of a County employee, and the reasons for that action. Before releasing that
information, the County Manager shall determine that the release is essential to maintaining
the level and quality of County services. The written determination shall be retained in the
County Manager's office, is a record for public inspection, and shall become a part of the
employee's personnel file.
Section 3. Personnel Actions
The Human Resources Director, with the approval of the County Manager, will prescribe necessary
forms and reports for all personnel actions and will retain records necessary for the proper
administration of the personnel system. The official personnel files are those which are maintained
by the Human Resources Office. These files shall contain documents such as employment
applications and related materials, records of personnel actions, documentation of employee
warnings, disciplinary actions, performance evaluations, retirement and insurance records, letters of
recommendation, and other personnel-related documents.
Section 4. Records of Former Employees
The provisions for access to records apply to former employees as they apply to present employees.
Section 5. Remedies of Employees Objecting to Material in File
An employee who objects to material in his/her file may place a statement in the file relating to the
material considered to be inaccurate or misleading. The employee may seek removal of such
material in accordance with established grievance procedures.
Section 6. Penalties for Permitting Access to Confidential Records
Section 153A-98 of the General Statues provides that any public official or employee who knowingly
and willfully permits any person to have access to any confidential information contained in an
employee personnel file, except as expressly authorized by the designated custodian, is guilty of a
misdemeanor and upon conviction shall be fined in an amount consistent with the General Statutes.
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Section 7. Examining and/or Copying Confidential Material without Authorization
Section 153A-98 of the General Statutes of North Carolina provides that any person, not specifically
authorized to have access to a personnel file designated as confidential, who shall knowingly and
willfully examine in its official filing place, remove or copy any portion of a confidential personnel file
shall be guilty of a misdemeanor and upon conviction shall be fined consistent with the General
Statutes.
Section 8. Destruction of Records Regulated
No public official may destroy, sell, loan, or otherwise dispose of any public record, except in
accordance with GS 121.5 (b), without the consent of the State Department of Cultural Resources.
Whoever unlawfully removes a public record from the office where it is usually kept, or whoever,
alters, defaces, mutilates or destroys it will be guilty of a misdemeanor and upon conviction will be
fined in an amount provided in Chapter 132.3 of the General Statutes.
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ARTICLE XII. IMPLEMENTATION OF POLICIES
Section 1. Conflicting Policies Repealed
All policies, ordinances, or resolutions that conflict with the provisions of these policies are hereby
repealed.
Section 2. Severability
If any provision of these policies or any rule, regulation, or order thereunder of the application of such
provision to any person or circumstances is held invalid, the remainder of these policies and the
application of such remaining provisions of these policies of such rules, regulations, or orders to
persons or circumstances other than those held invalid will not be affected thereby.
Section 3. Effective Date
These policies shall become effective on a date as stated by the County Board of Commissioners.
Section 4. Amendments
This Policy or sections hereof may be amended by action of the County and by resolution
appropriately approved. Any revisions or amendments adopted in conformance with this procedure
shall become effective as of the date stated by the Commission.
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AGENDA ABSTRACT
Meeting Date: April 15, 2024
Agenda Title: Written Order for SUP-02-24 – A request by the Applicant, the Towers, LLC, and
Property Owners, James S. Swayze and Sylvia C. Swayze, as Trustees of the J & S Swayze Trust,
for Special Use Permit approval on an ±18.63-acre lot (Tax Map No. A80 111), located at 2094
Lawson Chapel Church Rd., to allow the Lawson Chapel Church Rd. Tower (a telephone
transmitting tower) in an RC (Rural Conservation) zoning district, per Section 155 of the Planning
Ordinance.
Summary of Information:
On April 1, 2024, the Person County Board of Commissioners (Board of Commissioners) voted
unanimously (5-0) to approve Special Use Permit (SUP-02-24) for the Lawson Chapel Church Rd.
Tower use listed above. In making their decision, the Board of Commissioners considered and
addressed the Findings of Fact listed in Section 155-3(b) of the Person County Planning Ordinance
(Planning Ordinance) in determining that the Special Use Permit application and Lawson Chapel
Church Rd. Tower use is in keeping with the Person County & City of Roxboro Joint
Comprehensive Land Use Plan (Comprehensive Plan), as follows:
1. That the use will not materially endanger the public health or safety, if located where
proposed, and developed according to the plan as submitted and approved;
2. That the use meets all required conditions and specifications;
3. That the use will not substantially injure the value of adjoining or abutting property, or that
the use is a public necessity; and
4. That the location and character of the use, if developed according to the plan as submitted
and approved, will be in harmony with the area in which it is to be located and in general
conformity with the Comprehensive Plan.
The proposed Lawson Chapel Church Rd. Tower use was determined to be compatible with the
Rural future land use designation for the Subject Property, as is permitted in an RC (Rural
Conservation) zoning district with Special Use Permit approval. The Special Use Permit, SUP-02-
24, was approved by the Board of Commissioners with the following conditions:
1. The Applicant or tenant obtains all required permits from Person County, the State of North
Carolina, and any other applicable permitting agency prior to construction;
2. The Applicant or tenant records the ±30-ft. wide access easement from Lawson Chapel
Church Rd. and the three ±20-ft. wide guy wire easements, prior to construction;
3. The existing mature vegetation outside of the tower lease area remains that provides
buffering and screening from adjacent land uses; and
4. The Applicant or tenant shall provide continual property maintenance that does not impact
adjacent properties, to include maintenance of the perimeter security fence, fire safety
access, and any directional-downward security lighting.
As a Special Use Permit, the permit consideration is required to have a quasi-judicial public
hearing, witnesses were sworn in and subject to cross-examination, there was no ex-parte
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communication listed without full disclosure at the public hearing, and the application was
reviewed with the four Findings of Fact criteria listed in Section 155 of the Person County Planning
Ordinance. The Site Plan also meets all conditions of approval.
Recommended Action:
Based on the above, the Planning & Zoning Department staff recommends that the Board of
Commissioners vote to approve the Written Decision Approving Special Use Permit Application
and to grant Special Use Permit, SUP-02-24, for the Lawson Chapel Church Rd. Tower use.
Submitted By: Chris Bowley, AICP, Planning & Zoning Director
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PERSON COUNTY, NORTH CAROLINA
WRITTEN DECISION APPROVING SPECIAL USE PERMIT APPLICATION
This matter came before the Person County Board of Commissioners for a quasi-judicial public
hearing (public hearing) on April 1, 2024, regarding the Special Use Permit application (SUP-
02-24) by the “Applicant”, represented by Mr. Ralph Wyngarden, for the Towers, LLC, and for
the “Property Owners”, James S. Swayze and Sylvia C. Swayze, as Trustees of the J & S Swayze
Trust, for a telephone transmitting tower in an RC (Rural Conservation) zoning district, per
Section 155 of the Planning Ordinance, for the “Lawson Chapel Church Rd. Tower” (“Use”).
Special Use Permit, SUP-02-24, approval will allow for a telephone transmitting tower use to be
located on the Subject Property. The Board of Commissioners, based upon the sworn testimony
and evidence presented and received at the public hearing, made the following findings and
conclusions:
FINDINGS OF FACT
1. The Applicant submitted a complete Special Use Permit application that was
accompanied by a Site Plan that was prepared by a North Carolina registered land
surveyor and/or engineer. Based on a review of the documents presented and testimony
from the Person County Planning Department staff, we found the application to be
complete.
2. The Site Plan included proper data and information listed within Section 155, Special Use
Permits, specifically Section 155-2, Submission of Petitions, of the Person County
Planning Ordinance (Planning Ordinance) and has been updated to meet all conditions of
approval.
3. The ±18.63-acre Subject Property is located at 2094 Lawson Chapel Church Rd. at Tax
Map No. A58 192 and Parcel Identification No. 0948-03-10-8206.000.
4. The existing land use for the Subject Property is vacant land.
5. The proposed land use for the Subject Property is for a telephone transmitting tower.
6. The zoning designation for the Subject Property is RC (Rural Conservation). Appendix
C, Table of Permitted Uses of the Planning Ordinance, allows for a telephone
transmitting tower as a permitted use in the RC zoning district, with Special Use Permit
approval from the Person County Board of Commissioners.
7. The Subject Property’s zoning designation of RC is consistent and compatible with the
Rural future land use designation for the site and the Person County & City of Roxboro
Joint Comprehensive Land Use Plan (Comprehensive Plan).
8. The proposed land use of a telephone transmitting tower is consistent and compatible
with the adjacent land uses, with required fencing and screening. The proposed land use,
with proper screening and long-term property maintenance, does not diminish public
health, safety, and general welfare, and is appropriately located in an RC zoning district.
9. A public hearing was properly noticed in accordance with all applicable laws and
regulations governing the noticing requirements for public hearings. At the beginning of
the hearing and prior to presentation of any evidence on the Special Use Permit
application, the Board of Commissioners and everyone at the hearing was informed that
the public hearing would be a quasi-judicial proceeding with sworn testimony from
which the Board of Commissioners would make a decision similar to a court of law.
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Every person that presented evidence at the public hearing was properly sworn-in. The
requirements for conducting a quasi-judicial hearing were met and complied with.
10. Section 155-3 of the Planning Ordinance establishes the following Findings of Fact that
the Board of Commissioners must make in granting Special Use Permit approval:
a. That the use will not materially endanger the public health or safety, if located
where proposed, and developed according to the plan submitted and approved;
b. That the use meets all required conditions and specifications;
c. That the use will not substantially injure the value of adjoining or abutting
property, or that the use is a public necessity; and
d. That the locations and character of the use, if developed according to the plan as
submitted and approved, will be in harmony with the area in which it is to be
located and in general conformity with the Comprehensive Plan.
11. The staff report and all additional documents were submitted into evidence at the public
hearing properly and satisfactorily addressing the above listed Findings of Fact.
12. The Applicant presented sworn testimony in support of granting the Special Use Permit
and spoke in support of the Board of Commissioners granting the Special Use Permit. No
public comments were received for this item.
a. The Applicant continues to obtain all required permits from Person County, the
State of North Carolina, and any other agency to achieve construction, operations,
and maintenance of the Subject Property;
b. The Applicant or tenant records the ±30-ft. wide access easement from Lawson
Chapel Church Rd. and the three ±20-ft. wide guy wire easements, prior to
construction;
c. The existing mature vegetation outside of the tower lease area remains that
provides buffering and screening from adjacent land uses; and
d. The Applicant or tenant shall provide continual property maintenance that does
not impact adjacent properties, to include maintenance of the perimeter security
fence, fire safety access, and any directional-downward security lighting.
CONCLUSIONS
Having heard and reviewed the evidence presented at the hearing, and having made the above
referenced Findings of Fact, the Board of Commissioners concludes the following:
1. By a 5-0 vote, the use will not materially endanger the public health or safety, if located
where proposed, and developed according to the plan submitted and approved. The Board
of Commissioners made this finding per Section 155-3(b)(1) in the affirmative;
2. By a 5-0 vote, the use meets all required conditions and specifications. The Board of
Commissioners made this finding per Section 155-3(b)(2) in the affirmative;
3. By a 5-0 vote, the use will not substantially injure the value of adjoining or abutting
property, or that the use is a public necessity. The Board of Commissioners made this
finding per Section 155-3(b)(3) in the affirmative; and
4. By a 5-0 vote, the location and character of the use, if developed according to the Site
Plan as submitted and approved, will be in harmony with the area in which it is to be
located and in general conformity with the Comprehensive Plan. The Board of
Commissioners made this finding per Section 155-3(b)(4) in the affirmative.
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Based on the above, Planning & Zoning Department staff recommends that the Board of
Commissioners vote to approve the Written Decision Approving Special Use Permit Application
and to grant Special Use Permit, SUP-02-24, for the Lawson Chapel Church Rd. Tower use.
Therefore, based on the foregoing, it is ordered that Special Use Permit, SUP-02-24, is hereby
granted.
Date:
Ralph Wyngarden
Applicant
Date: _______________ ______________________________
Gordon Powell, Chairman
Person County Board of Commissioners
ATTEST:
___________________________________
Michele Solomon, Clerk to the Board
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AGENDA ABSTRACT
Meeting Date: April 15, 2024
Agenda Title: Donation and Request for Naming Rights of the County Farm Park
Summary of Information:
During 2024, the Rotary Club of Roxboro will commemorate their 100th year, a significant milestone
for both the club and Person County. Founded a century ago under the sponsorship of the Oxford
Rotary Club, the local civic organization consists of business and professional men and women
dedicated to serving our community. With their mission and motto, "Service Above Self," the club
remains steadfast in their commitment to making a positive impact and upholding the values of
Rotary.
In recognition of the Rotary Club of Roxboro's centennial year, the club would like to establish a
legacy project. The Rotary Club of Roxboro would like to donate $125,000 towards the future Farm
to Park project. The club aligns with the vision of the Person County Commissioners and the
community for this park to become one of North Carolina's most visited parks for ecological studies,
hiking, and biking. The funds can be utilized for signage, science displays, trail signs, or other
necessary amenities. As part of their contribution and in accordance with the Person County Public
Property Naming Policy, the club is respectfully requesting naming rights for the park as The Rotary
Club of Roxboro Centennial Park.
Recommended Action:
Grant naming rights for the new County Farm to Park Project to the Rotary Club of Roxboro and
rename the park, “Rotary Club of Roxboro Centennial Park”.
Submitted By:
John Hill, Director of Person County Recreation, Arts, and Parks Department
Dr. Barbara Buchanan, Piedmont Community College
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AGENDA ABSTRACT
Meeting Date: April 15, 2024
Agenda Title: Authorization to Spend Opioid Settlement Funds
Summary of Information: Person County has received funds resulting from nationwide
lawsuits against Pharmaceutical Supply Chain Participants and has agreed to use these funds to
abate the impacts of the ongoing opioid epidemic. After extensive review of the state of the opioid
epidemic in Person County, relevant ongoing public health and policy research, the North Carolina
Memorandum of Agreement (MOA), and in consideration of good financial stewardship
principles, the Person County Opioid Settlement Advisory Committee recommends that two
strategies be approved for funding by the Board of County Commissioners. The total for both
strategies will be $707,517 for a two fiscal year period beginning July 1, 2024, and ending June
30, 2026.
The first recommended strategy is a Post-Overdose Response Team, which will enable two
paramedics to respond to non-fatal drug overdose incidents and connect survivors of overdoses to
recovery support, addiction treatment, primary healthcare, or other services or supports they need
to improve their health or well-being. We recommend funding $407,517 for this program, based
on projected needs as presented by EMS.
The second recommended strategy is Early Intervention, through which Person County Schools
staff will identify and provide services for children or adolescents who currently deal with or
demonstrate risk signs for problematic substance use or mental health conditions. We recommend
funding $300,000 for this program, based on projected needs as presented by Person County
Schools.
Recommended Action: Authorize use of $707,517 from the Opioid Settlement Funds for
use in the identified spending strategies for a period beginning July 1, 2024, and concluding June
30, 2026.
Submitted By: Janet Clayton, Public Health Director
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A RESOLUTION BY THE COUNTY OF PERSON
TO DIRECT THE EXPENDITURE OF OPIOID SETTLEMENT FUNDS
WHEREAS Person County has joined national settlement agreements with companies
engaged in the manufacturing, distribution, and dispensing of opioids.
WHEREAS the allocation, use, and reporting of funds stemming from these national
settlement agreements and bankruptcy resolutions (“Opioid Settlement Funds”) are governed by
the Memorandum of Agreement Between the State of North Carolina and Local Governments on
Proceeds Relating to the Settlement of Opioid Litigation (“MOA”) and the Supplemental
Agreement for Additional Funds from Additional Settlements of Opioid Litigation (“SAAF”);
WHEREAS Person County has received Opioid Settlement Funds pursuant to these
national settlement agreements and deposited the Opioid Settlement Funds in a separate special
revenue fund as required by section D of the MOA;
WHEREAS section E.6 of the MOA states that, before spending opioid settlement funds,
the local government’s governing body must adopt a resolution that:
(i) indicates that it is an authorization for expenditure of opioid settlement funds; and,
(ii) states the specific strategy or strategies the county or municipality intends to fund
pursuant to Option A or Option B, using the item letter and/or number in Exhibit
A or Exhibit B to identify each funded strategy; and,
(iii) states the amount dedicated to each strategy for a specific period of time.
NOW, THEREFORE BE IT RESOLVED, in alignment with the NC MOA and SAAF, Person
County authorizes the expenditure of opioid settlement funds as follows:
1. First strategy authorized
a. Name of strategy: Post-overdose response team
b. Strategy is included in Exhibit A
c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Strategy 8
d. Amount authorized for this strategy: $407,517.
e. Period of time during which expenditure may take place:
Start date July 1, 2024 through End date June 30, 2026
f. Description of the program, project, or activity: Two Mobile Integrated
Healthcare Paramedics will respond to non-fatal drug overdose incidents to
connect persons to recovery support, addiction treatment, primary healthcare, or
other services or supports they need to improve their health or well-being.
g. Provider: Person County Emergency Services (EMS)
2. Second strategy authorized
a. Name of strategy: Early Intervention
b. Strategy is included in Exhibit A
c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Strategy 6
d. Amount authorized for this strategy: $300,000.
e. Period of time during which expenditure may take place:
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Start date July 1, 2024 through End date June 30, 2026
f. Description of the program, project, or activity: Early intervention efforts include
identification and intervention for children and adolescents who may be
struggling with problematic use of drugs or mental health conditions. These funds
may be used for salary and benefits for a position or positions providing
qualifying services or performing qualifying activities, and to provide related and
necessary materials, trainings, and other resources to advance qualifying activities
and services.
g. Provider: Person County Schools
The total dollar amount of Opioid Settlement Funds appropriated across the above named and
authorized strategies is $707,517.
Adopted this the 15th day of April, 2024.
__________________________________________
Gordon Powell, Chair
Person County Board of Commissioners
ATTEST:
__________________________________________
Michele Solomon
Clerk to the Board
COUNTY SEAL
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AGENDA ABSTRACT
Meeting Date: April 15, 2024
Agenda Title: Person County Business and Industrial Center (PCBIC) FY24 Funding Request
Summary of Information: Person County Business and Industrial Center, Inc. (PCBIC), Person
County's nonprofit economic development corporation, promotes the growth and expansion of new
and existing business and industry in Person County and works in close cooperation with other
entities engaged in similar efforts. The business and property of the Corporation is managed and
controlled by a Board of Directors made up of the voting members of the Person County Economic
Development Commission (the "EDC") as appointed by the Person County Board of
Commissioners. Although Person County created PCBIC many years, the two operate as separate
legal entities, with the County’s oversight being limited to appointing PCBIC Board members. The
President has general charge and supervision of the affairs of the Corporation and performs such
other duties as may be assigned to him by the Board of Directors.
On April 1, 2024, PCBIC Vice-President Scott McKinney presented a request for FY24 funding to
the Board of Commissioners. The request totaled $10,000 with $8,000 going towards legal expenses
incurred as a result of PCBIC’s support of economic development projects and $2,000 for grounds
maintenance at the PCBIC-owned solar park on US-501. The Board of Commissioners tabled the
request until April 15, pending the County Manager’s recommendation of a funding source and draft
funding agreement.
If the board desires to fund the request, the Manager recommends utilizing budgeted funds in the
Economic Catalyst Fund. A draft funding agreement is attached.
Recommended Action: Consider PCBIC’s request.
Submitted By: Katherine M. Cathey, County Manager
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NORTH CAROLINA
PERSON COUNTY
PERSON COUNTY BUSINESS AND INDUSTRIAL CENTER (PCBIC)
FUNDING AGREEMENT
This Agreement is made and entered into this 15th day of April, 2024, by and between Person
County, North Carolina, a political subdivision of the State of North Carolina, hereinafter called
“County,” and Person County Business and Industrial Center, a North Carolina nonprofit
corporation, hereinafter called “PCBIC.”
WHEREAS, the PCBIC vice-president made a presentation to the Person County Board of
Commissioners at its regular meeting on April 1, 2024 and requested a one-time appropriation to
support legal expenses incurred as a result of PCBIC’s support of economic development
projects and for grounds maintenance at the PCBIC-owned solar park on US-501; and
WHEREAS, PCBIC is a 501(c)(3), non-profit economic development organization that was
formed to promote the growth and expansion of new and existing business and industry in
Person County and works in close cooperation with other entities engaged in similar efforts; and
WHEREAS, PCBIC is actively engaged in an economic development project that will bring rail
services to existing and future industry in Person County; and
WHEREAS, the Person County Business and Industrial Park strengthens the local economy by
housing a solar farm, industrial facilities and Piedmont Community College’s future Center for
Health, Advanced Technology & Trades; and
WHEREAS, PCBIC requested a total of $10,000 in funding for FY24 for legal expenses
($8,000) and grounds maintenance ($2,000); and
WHEREAS, the Board of Commissioners approved a one-time appropriation of $10,000 at its
meeting on April 15th, 2024;
NOW, THEREFORE, the County agrees to provide a one-time appropriation of $10,000 to
PCBIC from FY24 budgeted funds, subject to the following provisions:
1. PURPOSE. The funds may be used only to support legal expenses associated with
economic development projects and grounds maintenance for the solar farm located in
the Person County Business and Industrial Park.
2. REPORTING. PCBIC shall send a concise written report to the Person County Manager
not later than August 15, 2024, detailing the use of county funds.
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3. TERM AND TERMINATION OF AGREEMENT, POTENTIAL RETURN OF FUNDS.
This Agreement is effective immediately upon execution, and will terminate on June 30,
2024, unless terminated sooner by mutual agreement in writing. If the funding is used for
purposes not contained in the Paragraph 1 above, PCBIC agrees to repay the provided
funding to the County in full.
4. INSURANCE AND INDEMNITY. PCBIC will maintain adequate liability, workers
compensation and property insurance, and will provide certificates of insurance to the
County if requested. PCBIC agrees that it is acting as an independent contractor under
this Agreement, and that its employees and contractors are not County employees.
PCBIC agrees that the County has no ownership interest in or operational responsibility
for PCBIC. PCBIC will indemnify and hold harmless the County from any and all
liabilities and costs arising out of the acts or omissions or negligence of PCBIC to the
extent, and only to the extent, of the one-time appropriation identified above.
5. INSPECTION OF FINANCIAL RECORDS. PCBIC will provide a detailed report about
expenditure of the funds or allow access to its financial records if requested by the
County.
6. COMPLIANCE WITH LAWS. PCBIC agrees to comply with all applicable state and
federal laws in its operations and to cooperate in a professional and productive manner
with the partner agencies listed above.
7. NO ASSIGNMENT. PCBIC agrees that this Agreement is not transferable or assignable,
and that the appropriated funds may not be transferred to other entities, except in
payment for expected expenses, without written consent of the County.
8. APPLICABLE LAW AND FORUM. This Agreement shall be construed under North
Carolina law, and any action to enforce its provisions shall be filed in Person County in
the General Court of Justice of North Carolina.
9. ENTIRE AGREEMENT. The Agreement constitutes the entire understanding of the
parties. Any modification, amendment or rescission of this Agreement must be in writing
signed by both parties.
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PERSON COUNTY:
_____________________________________
Gordon Powell Date
Chair, Board of Commissioners (SEAL)
Attest:
__________________________________
Michele Solomon, Clerk to the Board
This instrument has been pre-audited in the manner required by the Local Government
Budget and Fiscal Control Act.
______________________________________
Amy Wehrenberg, Finance Officer Date
Approved as to legal form: _________________________________________
T.C. Morphis, Jr., County Attorney Date
Person County Business and Industrial Center
_______________________________________
Phillip Allen, President
Attestation and Seal if applicable:
____________________________________
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AGENDA ABSTRACT
Meeting Date: April 15, 2024
Agenda Title: Person County Business and Industrial Center (PCBIC) FY25 Funding Request
Summary of Information: Person County Business and Industrial Center, Inc. (PCBIC), Person
County's nonprofit economic development corporation, promotes the growth and expansion of new
and existing business and industry in Person County and works in close cooperation with other
entities engaged in similar efforts. The business and property of the Corporation is managed and
controlled by a Board of Directors made up of the voting members of the Person County Economic
Development Commission (the "EDC") as appointed by the Person County Board of
Commissioners. Although Person County created PCBIC many years, the two operate as separate
legal entities, with the County’s oversight being limited to appointing PCBIC Board members. The
President has general charge and supervision of the affairs of the Corporation and performs such
other duties as may be assigned to him by the Board of Directors.
PCBIC President Phillip Allen will present the attached funding request for FY25.
Recommended Action: Consider PCBIC’s request and provide direction to staff.
Submitted By: Katherine M. Cathey, County Manager
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AGENDA ABSTRACT
Meeting Date: April 15, 2024
Agenda Title: Recreation Advisory Board Ordinance Amendment
Summary of Information: During the August 2, 2023 Person County Recreation Advisory Board
(RAB) meeting, the RAB met with the president of the Person County Little League (PCLL) Board
to discuss the possibility of becoming a subcommittee under the RAB. This discussion highlighted
the benefits to the PCLL of becoming a subcommittee of the RAB, including: more oversight of
rules of conduct and regulations and incorporation of more financial protocols to help the PCLL
nonprofit become more sustainable for the future. Another benefit of becoming a subcommittee is
oversight from the RAB and Recreation, Arts and Parks Department that will assist the PCLL Board
with pursuing reinstatement of their 501(c)3 nonprofit status.
During this meeting, there was a discussion of how this subcommittee would operate under the RAB.
Currently, there are four subcommittees under the RAB that include the Person County Arts Council,
Friends of the Parks, Athletics Committee, and Facilities Committee. Two of these subcommittees
are 501(c)3 nonprofits (Person County Arts Council and Person County Friends of the Parks).
After discussion with the PCLL board, the RAB voted unanimously to invite the PCLL Board to
become a subcommittee. During the September 13, 2023 PCLL Board meeting, the PCLL Board
voted to accept the RAB’s invitation to become a subcommittee.
The final draft of the RAB ordinance amendment that includes the PCLL Board as a subcommittee
was completed in collaboration with PCLL. The RAB voted to accept and adopt the ordinance as
written and to accept the PCLL as a subcommittee during the February 7, 2024 meeting.
The next step in the process is for the RAB ordinance to be reviewed by the Person County Board of
Commissioners for approval and adoption.
Recommended Action: Review and adopt the ordinance amendment to include the PCLL Board as
a subcommittee of the RAB.
Submitted By: John Hill, Recreation, Arts, and Parks Director
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ORDINANCE FOR THE
PERSON COUNTY
RECREATION ADVISORY BOARD
SECTION 1: CREATION, NAME, NUMBER OF MEMBERS, TITLE
There is hereby created a Board composed of nine (9) members to be known as the
Person County REC Advisory Board (Hereinafter referred to as the “REC Board” – REC standing
for Recreation, Environment and Open Space, and Cultural Activities). This ordinance shall be
known as the Person County REC Advisory Board Ordinance.
SECTION 2: COMMITTEE, POWERS AND DUTIES
The REC Board shall serve as the advisory body for Person County on issues relative to the
Department. The REC Board shall advise the Parks and Recreation Director, County Manager
and County Commissioners within its responsibilities and powers as stated in this ordinance.
The REC Board shall serve as a liaison between the Recreation, Arts and Parks Department and
the citizens of Person County.
The Parks and Recreation Department shall consult with the REC Board in matters affecting
programs, facilities, policies, finances and the acquisition and disposal of lands and properties
and its long-range, projected plans.
The REC Board shall also assume specific duties and responsibilities as follows:
1. To investigate and determine the needs, interests and goals of the community for
recreation and cultural facilities and programs and make recommendations to the
Recreation Director, County Manager and County Commissioners to meet those needs
and goals.
2. To inform and educate the general public of the importance and need for
programs, facilities and services.
3. To seek and make recommendations on the acceptance of grants, gifts, bequests,
donations for park and recreation purposes.
4. To assist the Park and Recreation Department in developing cooperative
arrangements with other organizations and private groups, when it will further the
objective of providing more and varied kinds of park and recreation programs for the
citizens of Person County.
5. To assist the Parks and Recreation Department in recruiting voluntary leadership staff to
work with programs and activities.
6. To assist in matters relating to maintaining the highest standards in park
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development and operation, park and recreation leadership and a well-balanced
program.
7. To assist in developing a plan to meet the present and future needs for
programs, services, parks, facilities, open spaces and trails and to advise in
developing priorities for each of these.
8. To receive information and reports concerning the evaluation of programs,
facilities, policies and procedures.
9. To recommend approval of rules, and procedures pertaining to recreation programs and
the use of public parks and facilities including suggested fees and charges.
10. Carry out any other assigned studies and/or activities as determined appropriate.
SECTION 3: APPOINTMENT OF THE COMMITTEE
The Person County REC Board shall consist of nine (9) members, seven (7) of which shall be
appointed by the County Commissioners and two (2) members that are appointed by the REC
Board. One county commissioner will serve ex-office as one of the nine members and be a
voting member.
The Parks and Recreation Director shall attend and participate in all REC Board meeting.
The term of office for the all appointed and reappointed members shall be for three years.
Vacancies arising on the REC Board shall be filled by the County Commissioners for seven
members duly appointed and by the REC Board for two members duly appointed for the balance
of the unexpired term. All appointments will be made by the County Commissioners and REC
Board in accordance with the policy governing appointments to Boards and Committees.
Any member who misses more than three consecutive regular meetings loses his/her
membership status.
An orientation meeting for newly appointed board members shall be conducted by the Parks
and Recreation Director and the Chairman within 30 days after their appointment.
SECTION 4: OFFICERS
The members of the Person County REC Board shall annually elect from their own membership a
Chairman and other officers, as they deem essential. Duties of each officer shall be established
in the Committee By-Laws.
SECTION 5: COMPENSATION
The members of the REC Board shall serve without compensation, but shall be entitled to
reimbursement for subsistence and travel to professional recreation meetings, conferences and
workshops, with such reimbursement being made in compliance with general County policies.
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SECTION 6: MEETINGS
The REC Board shall meet at least monthly and at other times deemed necessary to transact
business, upon call of the Parks and Recreation Director, or Chairman or by a majority of the
Committee members, or upon call of the County Commissioners.
A quorum of the Board shall be in attendance before action of an official nature can be taken.
A quorum shall consist of a simple majority.
General parliamentary rules, as given in “Robert’s Rules of Order” as modified by rules and
regulations of the Advisory Board shall be observed in conducting meetings.
Official minutes of each meeting will be recorded and maintained in the office of the Parks and
Recreation Director.
SECTION 7: COMMITTEES AND STANDING COMMITTEES
The REC Board shall organize temporary or standing committees, as it deems necessary in order
to carry out the responsibilities of the Board. Advisory Board members serving as Chairman of
committees shall be appointed by the REC Board Chairman. Other members of the Committees
shall be elected by the REC Board. Vacant positions shall be advertised in newspapers and all
applications be given to full board for them to vote on person or persons to fill vacant position
or positions on committee or committees. Terms of appointment shall be for a length of two
years. Also, terms of appointment shall be on a staggered basis.
The standing committees shall include, but not be limited to, the following:
Finance Committee
The duties of the Finance Committee shall include, but not limited to:
a. Aiding the staff in the development of the budget.
b. Reviewing major capital outlays.
c. Reviewing and making recommendations on grants, gifts, bequest, and donations
to the department.
This committee shall consist of the chairman of the REC Board and two (2) members of
the REC Board. These two members shall be elected by the REC Board.
Facilities Committee
The duties of the Facilities Committee shall include, but limited to:
a. A yearly inspection of all appropriate facilities.
b. Recommendation on repairs or physical changes.
c. Recommendation on the long-range plans for facility development.
d. Recommendation on the acquisition or disposition of facilities or parts thereof.
A member of the REC Board shall chair this committee. The REC Board shall select six (6)
members to serve on the committee from the community.
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Athletic Committee
The purpose, duties and goal of this subcommittee include:
1. Gather feedback from athletic program participates and spectators relating to
observed needs, observed concerns
2. Suggest possible new athletic programs.
3. Research program possibilities to report back to the Recreation Advisory Board to
address the athletic program needs of Person County Citizens.
4. Aid the Recreation Advisory Board and the Department in efforts to inform our
citizens about current programs, new programs, changes of schedule, currents rules
and regulations, and many other elements dealing with Athletic programs to ensure
quality and growth.
5. Making recommendations to the REC Board on policy changes in the athletic
programs.
The REC Board shall annually nominate candidates for this committee. This committee
shall be chaired by a member of the REC Board. The REC Board shall select six (6)
members to serve on the committee from the community.
Arts Council Committee
The duties of this committee shall include, but not limited to:
a. Encouraging the maximum use of the Kirby Civic Auditorium facility for cultural,
educational, recreational and civic purposes.
b. Broadening cultural opportunities for all Person County citizens in the area of the
arts.
c. Encouraging a variety of community programs including, but not limited to: senior
citizens, adults, teens and youth.
d. Promoting non-athletic programs and activities.
e. Recommendations regarding grants and sub-grant applications.
f. Two signatures required for checks – staff – Director or designee; committee –
chairman or designee.
The REC Board shall select a minimum of six (6) members and a maximum of eight (8)
members to be appointed from the community. This committee shall be chaired by a
member of the REC Board and include one members of the Parks Department and the
managing director of the Kirby Cultural Arts Complex. The REC Board shall be the
appointing body to the Chair of the Person County Arts Council.
Members of the Person County Arts Councils may consist of members throughout
Person County representing various organizations with diverse Cultural Arts interest.
These organizations may include: Schools, local college, private citizens, civic
organizations, Parks Department, and many others.
Each committee may create non-standing, goal-oriented subcommittees as needed.
Each committee is expected to provide the REC Board with minutes of their meetings
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and shall report their findings to the REC Board through their chairman, with or without
recommendations.
Staff members of the Parks and Recreation Department shall be assigned as ex-officio
members to the committees.
The REC Board may refer any matter to a committee before the REC Board takes action
on the subject.
Friends of the Parks and Lakes Committee – “Friends of the Parks”
The duties of this committee shall include, but not limited to:
a. Encouraging the maximum public recreational use of the Person County Park
systems and Lake Resource programs and facilities; to encourage good health and
wellness, physical fitness, good nutrition, education, environmental education,
preservation, stewardship, outdoor active recreation, and passive recreation.
b. Broadening Indoor/outdoor recreational, educational, and environmental wellness
practice opportunities for all Person County citizens and visitors.
c. Increase and encourage a variety of community programs and involvement serving
senior citizens, adults, teens, youth, and all other demographics related to our
population.
d. Promoting outdoor athletics and non-athletic programs, recreational activities,
cultural and fine arts programs/activities and lake/water based recreational
programs.
e. Recommendations regarding grants and funding opportunities to support
programs, operation, and development of public recreational and educational
facilities.
f. Research, develop, advise in the management of “Friends of Parks” programs and
Committee.
g. Committee may act as liaison between Duke Energy Progress and our citizens in
matters related to Recreation, Arts, and Parks Department programs on Person
County Lakes.
The REC Board shall select a minimum of six (6) members and a maximum of eight (8)
members to be appointed from the community. This committee shall be chaired by a
member of the REC Board. At least one staff member of the Parks and Recreation
Department shall attend and participate in all committee meeting.
Members of the committee may be representative of our citizens in the areas of:
indoor/outdoor recreation facilities and programs, cultural arts programs, public
recreation development, stream education, environmental education, preservation,
environmental education, private citizens, local, and state government.
Each committee may create non-standing, goal-oriented subcommittees as needed.
Each committee is expected to provide the REC Board with minutes of their meetings
and shall report their findings to the REC Board through their chairman, with or without
recommendations.
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Staff members of the Parks and Recreation Department shall be assigned as ex-officio
members to the committees.
The REC Board may refer any matter to a committee before the REC Board takes action
on the subject.
Person County Little League “PCLL”:
a. The Person County Little League is a subcommittee of the Recreation Advisory Board.
The Main purpose and goal of this subcommittee:
b. Investigate and determine the needs, interests and goals of the community for the Little
League baseball and softball programs and make recommendations to the Parks and
Recreation Director to meet those needs and goals.
c. Inform and educate the general public of the importance and need for
Baseball and Softball programs and facilities. To help increase participation and
promotion of baseball, softball, and all related programs.
d. To help research, explore, and make recommendations on the acceptance of grants,
gifts, bequests, and donations for the baseball and softball program to the Recreation
Advisory Board and Parks and Recreation Director
e. To assist the Park and Recreation Department in developing cooperative arrangements
with other organizations, private groups and companies, when it will further the
objective of providing more and varied kinds of baseball and softball programs for the
citizens of Person County.
f. Assist the Parks and Recreation Department in recruiting voluntary leadership staff to
work with baseball and softball programs and activities.
g. Assist the Recreation Department in matters relating to maintaining the highest
standards in park facility development and operation, park and recreation program
leadership, and a well-balanced program for the baseball and softball programs.
h. To assist in developing a plan to meet the present and future needs for baseball
programs, services, parks, facilities, open spaces and trails and to advise in
developing priorities for each of these at the Little League Complex.
i. To receive information and reports concerning the evaluation of the baseball and
softball program, facilities, policies, and procedures.
j. Assist through advisement the Recreation Advisory Board and Department on matters
pertaining to violation of Parks System rules and regulations and codes of conduct
pertaining to baseball and softball programming.
k. Recommend approval of rules, and procedures pertaining to Little League baseball and
softball programs and sanctions leagues.
l. Assist in implementation and execution of the program and it’s special events (ie: skills
assessments, All-Stars Program, Opening Day Ceremonies, uniform design, etc)
The Person County LL Board shall consist of a minimum of seven (7) members, six (6) of which
shall be elected annually from their own general membership in accordance with Little League
International’s guidelines. The Assistant Director of the Parks and Recreation Department or
designee will serve as the liaison between the Department and PCLL Board.
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The members of the PCLL shall annually elect from their own membership a Chairman and other
officers, as they deem essential. Duties of each officer shall be established in the Committee By-
Laws and/or league constitution.
The term of office for the all elected officers shall be for one year.
Vacancies arising on PCLL shall be filled in accordance with Little League International guidelines
All appointments will be made by the Recreation Advisory Board in accordance with the policy
governing appointments to Boards and Committees.
SECTION 8: CONFLICT WITH OTHER ORDINANCES AND RESOLUTIONS
Any earlier adopted ordinances and resolutions of Person County pertaining to Parks and
Recreation, which are/or in conflict with the provisions of this ordinance are hereby declared
null and void and of no effect. The Recreation Advisory Board shall establish By-Laws in
conjunction with this ordinance to be used for governing the Board.
SECTION 9: EFFECTIVE DATE
This ordinance shall become effective on its adoption by the Person County Board of
Commissioners.
ADOPTED THIS 4TH DAY OF OCTOBER, 1993.
REVISED THIS 21ST DAY OF FEBRUARY, 1994.
REVISED THIS 15TH DAY OF APRIL, 1996.
REVISED THIS 6TH DAY OF DECEMBER, 1998
REVISED THIS 21ST DAY OF OCTOBER, 2002
REVISED THIS 18th DAY OF NOVEMBER, 2002
REVISED THIS 7TH DAY OF NOVEMBER, 2005
REVISED THIS 21ST DAY OF JULY, 2014
REVISED THIS _____ DAY OF _______, 20
ATTEST:
___________________________ ______________________________
Michele Solomon Gordon Powell, Chairman
Clerk to the Board of Commissioners Person County Board of Commissioners
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AGENDA ABSTRACT
Meeting Date: April 15, 2024
Agenda Title: County Farm to Park Project: Contract Award Recommendation
Summary of Information:
On February 6, 2024 the Person County Recreation, Arts, and Parks Department began
advertising for Request for Proposals of construction at the new County Farm to Park Project.
These advertisements were published through the Courier Times newspaper and Person County
social media sources from February 6th though March 6th. Prospective contractors had the equal
opportunity to gain information about the project and submit a sealed proposal for consideration
of the project to the Parks Office by the deadline of March 6, 2024. Bid opening took place on
March 8, 2024 and a formal recommendation was sent to the County Manager on March 11,
2024.
After detailed review of the sealed proposals submitted by the Contractors, staff recommend the
following low bid contractor be chosen for constructing the County Farm to Park Project
Amenities: Main Drive Access Road, Two (2) Parking Areas, Paved ADA Accessible Trail,
Storm Water Best Management Practices (BMP) Wet Pond, and Site Erosion Control:
Jimmy Lewis and Son Grading and Septic
1024 Henry Street,
Roxboro, North Carolina 27573
336-599-9890
The specifications of this project will conform to that construction drawing provided for this
project and conform to Local, State, and Federal laws and regulations. Each contractor had equal
opportunity to gain this information. Construction documents were purchased by perspective
companies for $50.00 and they were also given an opportunity to reviewed the documents for
free at the Person County Parks Office.
Additionally, services for tree removal associated with the construction project have been
discussed with Barker Timber Management, who has agreed to perform the services at no
additional monetary costs to the County.
Contractors that purchased Construction Documents and submitted proposals:
1. Jimmy Lewis and Son Grading $473,747.00 (tree removal not included)
$545,747.00 (tree removal included)
2. Loftis and Son land Service LLC. $736,428.00 (tree removal not included)
$746,328.00 (tree removal included)
3. Triangle Grading & Paving, Inc. No Bid
4. Construction Connect No Bid
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5. English Construction Company No Bid
6. Casey Martin Grading No Bid
Attachments:
1. Contractor Bids
2. Specification of attached proposals
3. Construction Drawings
4. Barker Timber Management Proposal for Tree Removal
Recommended Action:
Review and approve staff recommendation for awarding the County Farm to Park Construction
Contract.
Submitted By:
John Hill, Director of Person County Recreation, Arts, and Parks Department
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To: Katherine Cathey, Person County Manager
From: John Hill, Director of Person County Recreation, Arts, and Parks Department
Date: 3/11/2024
Subject: County Farm to Park Project
North Carolina PARTF Grant Project:
Access Road, BMP, Parking, Erosion Control
After further review of the request for proposal sealed bids submitted by the
Contractors, it is my recommendation that the following low bid contractor be chosen for
constructing the County Farm to Park Project Amenities: Main Drive Access Road, Two
(2) Parking Areas, Paved ADA Accessible Trail, Storm Water Best Management
Practices (BMP) Wet Pond, and Site Erosion Control.
Jimmy Lewis and Son Grading and Septic
1024 Henry Street,
Roxboro, North Carolina 27573
336-599-9890
The specifications of this project will conform to that construction drawing provided for
this project and conform to Local, State, and Federal laws and regulations. Each
contractor had equal opportunity to gain this information. Construction documents could
be purchased for $50.00 or reviewed for free at the Person County Parks and Recreation
Office.
Attachments:
1. Contractor Bids
2. Specification of attached proposals
3. Construction Drawings
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3/11/2024
County Farm to Park Project
North Carolina PARTF Grant Project: Access Road, BMP, Parking, Erosion Control
1. Jimmy Lewis and Son Grading $473,747.00 (tree removal not included)
$545,747.00 (tree removal included)
2. Loftis and Son land Service LLC. $736,428.00 (tree removal not included)
$746,328.00 (tree removal included)
3. Triangle Grading & Paving, Inc. No Bid
4. Construction Connect No Bid
5. English Construction Company No Bid
6. Casey Martin Grading No Bid
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_____________________________________________________________________________________
REQUEST FOR PROPOSAL
Person County Farm to Park Project
North Carolina Parks and Recreation Trust Fund Project 2024
The County of Person is requesting proposals from Service Providers/Contractors regarding the Construction of the
new Person County Farm to Park Project. The Person County Recreation, Arts, and Parks Department is in the
process of developing a 281-acre Outdoor Recreation Park along the Flat River with the main focus being on hiking,
mountain biking, and nature watching. The Park System seeks to preserve the County “Farm” as greenspace while
creating multi-use trails, ADA-accessible features, and a “Green” Wildlife Observation Park. Bordering the
southeast region of Person County, the County “Farm” is located one mile from Durham County, covering 281
acres of planted timber and hardwoods along 1.5 miles of the Flat River. The Plan is to preserve the County “Farm”
and to put the “Farm” to use in offsetting stormwater runoff and nutrient loads attributed to the County as
required by State stormwater rules.
The development of this County Farm to a Park will includes: 10+ miles of trails for hiking, walking, or mountain
biking, a fully ADA-accessible walking trail/track section, wildlife observation areas, birding blinds and overlooks,
interpretive and environmental education trails and components, picnic shelters, Access Road system, Parking
Areas, ADA-accessible Restrooms, Storm Water Management Elements including BMP pond with environmental
Education Components, Flat River Riparian Buffer and Shoreline Enhancement/Repair along park boundaries.
Scope of work for the first Request for Proposal (the RFP) is construction of the following Park Amenities: Main
Drive Access Road, Two (2) Parking Areas, Paved ADA Accessible Trail, Storm Water Best Management Practices
(BMP) Wet Pond, and Site Erosion Control.
Bidders are required to submit two (2) proposals. One proposal that includes that removal of timber within the
project site limits of disturbance and one proposal that does not include the removal of timber within the
project site limits of disturbance.
Construction Drawings for County Farm Park Project can be reviewed at the Main Parks Office on request at 303
South Morgan Street, Roxboro, NC 27375. Copies of the construction documents can be purchased at a fee of
$50.00 per copy.
The requirements for submitting proposals are stated in the Request for Proposal (the RFP) which can be picked up
at the Main Parks office or received via email per request to Johnhill@personcountync.gov.
Responses are due to the County of Person, 425 Long Avenue, Roxboro, NC 27573 by mail, or delivered to the
office in person at 303 South Morgan Street, Roxboro, NC 27375 no later than March 6, 2024 at 3PM. Request for
Proposal Bid opening meeting for Contractors will be on March 8, 2024, 12 noon, at the Main Parks Office, 303
South Morgan Street, Roxboro, NC 27375. (attendance not required). One (1) hard copy original and two (2) copies
of your response should be submitted in a sealed opaque envelope or box plainly marked as follows:
REQUEST FOR PROPOSAL
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Construction of the Following Park Amenities: Main Drive Access Road, Two (2) Parking Areas, Paved ADA
Accessible Trail, Storm Water Best Management Practices (BMP) Wet Pond, and Site Erosion Control per provided
construction drawing.
Name of Company Submitting Response
REQUEST FOR PROPOSAL
Person County Farm to Park Project
North Carolina Parks and Recreation Trust Fund Project 2023
_____________________________________________________________________________________
1. Introduction
1.1. Background and Intent
The County of Person is requesting proposals for (Project Description)
The purpose of this document is to provide general and specific information for use by Contractor in
submitting a proposal for construction work in accordance with N.C.G.S. 143-131. We will select a
qualified Contractor with whom we will develop a mutually beneficial contractual relationship. The
Person County Board of Commissioners shall award the contract based on the County’s determination
as to which Contractor is the lowest responsible bidder, taking into consideration quality, performance
and the time specified in the proposals for the performance of the contract.
We reserve the right to reject any or all proposals. You are being asked to submit a proposal in a sealed
envelope in accordance with the attached specifications and within the terms and conditions herein set
forth.
1.2. Accuracy of RFP and Related Documents
The County assumes no responsibility for conclusions or interpretations derived from technical and
background information presented in the RFP, or otherwise distributed or made available during the
procurement process. In addition, the County will not be bound by or be responsible for any
explanation, interpretation or conclusions of this RFP or any documents provided by the County other
than those given in writing by the County through the issuance of addenda. In no event may a
Contractor rely on any oral statement by the County or its agents, advisors or consultants.
1.3. County Rights and Options
The County, at its sole discretion, reserves the following rights:
To supplement, amend, substitute or otherwise modify the RFP at any time;
To cancel this RFP with or without the substitution of another RFP;
To reject any or all proposals produced in response to this RFP;
To take any action affecting this RFP, this RFP process, or the Services or facilities subject to the RFP
that would be in the best interests of the county;
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To issue additional requests for information, and/or;
To require one or more Contractors to supplement, clarify or provide additional information in order
for the County to evaluate the responses submitted.
1.4. Expense of Submittal Preparation
The County accepts no liability for the cost and expenses incurred by Contractors in response to this
RFP, including preparing requests for clarification. Each Contractor that prepares a Response shall do so
at its own expense and with the express understanding that they cannot make any claims whatsoever
for reimbursement from the County for the costs and expenses associated with the Response.
1.5. Equal Opportunity
The County has an equal opportunity purchasing policy. The County seeks to ensure that all segments of
the business community have access to supplying the goods and services needed by County programs.
The County affirmatively works to encourage utilization of small and minority business enterprises in our
procurement activities. The County provides opportunities for all businesses and does not discriminate
against any Contractor regardless of race, color, religion, age, sex, national origin or disability.
1.6. Clarification of Ambiguities
Any Contractor believing that there is any ambiguity, inconsistency or error in this RFP shall promptly
notify the County as outlined in Section 2.2, in writing of such apparent discrepancy. Failure to notify will
constitute a waiver of claim of ambiguity, inconsistency or error
2. DESCRIPTION OF RFP PROCESS
This section contains information, which shall govern the procurement process for this project.
2.1 Schedule and Process
The following chart shows the schedule of events to prepare your organization’s response. The key
events and deadlines for this process are as follows, some of which are set forth in more detail in the
sections that follow:
DATE EVENT
February 6, 2024 Advertisement of RFP
February 29, 2024 Cut-off for Submitted Questions.
Service Providers/Contractor are permitted to submit written questions
to the County, but only for purpose of clarifying this RFP. All
submissions shall be submitted as outlined in Section 2.2.
March 6, 2024 RFP Response Submission due by 3:00 PM on this date.
March 8, 2024 Bid Opening Meeting for Contractors 12noon. (attendance not required)
March 12, 2024 Award Recommendation made and submitted to County Manager.
March 19, 2024 Construction contracted Awarded and Signed.
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April 2024 Tentative Start month for Construction
2.2. Interpretation and Addenda
If a Contractor needs to submit changes or addenda, such shall be submitted in writing, signed in
original ink by an official representative of the responder, cross-referenced clearly to the relevant bid
section, in a sealed envelope, prior to the bid opening. Such changes or addenda shall meet all
requirements for the RFP. If the responder chooses to withdraw his RFP response; the withdrawal notice
shall be in writing and received prior to the bid opening.
No significant interpretation or clarification of the meaning of any part of this RFP will be made orally to
any Contractor. A Contractor must request such interpretations or clarification in writing to the County.
Requests for information or clarification of this RFP must be made in writing and addressed to (insert
contact) at the e-mail address or fax number listed below, with e-mail being the preferred method of
communication. Questions should reference the RFP page and topic number.
Email : Johnhill@personcountync.gov
Please submit your questions by (insert date). Any written responses issued by the County to questions
and requests for information will be provided to all Contractor that have requested an RFP. Any and all
such interpretations and supplemental instructions will be made in the form of written addenda and
shall become a part of this RFP.
2.3. Acceptance and Rejection of Proposals
The County reserves the right to:
Reject any or all proposals, for any reason determined by the Person County Board of
Commissioners to be in the best interest of the County;
Waive any informality in the proposals;
In the event the lowest responsible bids are in excess of the funds available for the project, the
Person County Board of Commissioners may enter into negotiations with the lowest responsible
bidder, making reasonable changes in the plans and specifications as may be necessary to bring the
contract price within the funds available;
In the event the lowest responsible bid is in excess of the funds available for the project, the County
may readvertise the Project, after having made such changes in the plans and specifications as may
be necessary to bring the cost of the project within the funds available therefor.
The contract for this entire project will be awarded to the Contractor deemed the best overall proposal
as determined by the evaluation criteria and process outlined in section 2.5 of this RFP as a lump-sum
award. The County reserves the following rights (in addition to those accorded to Person County by
policy and statutory laws):
The decision of the County shall be final. The waiver of an immaterial defect shall in no way modify the
RFP documents or excuse vendors from full compliance with its specifications if the vendor is awarded
the contract.
2.4. Preliminary Review of Proposals
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Proposals which fail to meet the following standards of completeness will be considered “NON-
QUALIFIED” and will NOT be reviewed:
Timely submission of the proposal (on or before deadline for submission);
Required number of copies (one (1) original and two (2) copies);
Signed Cover Sheet and Execution of Proposal Documentation;
All designated attachments;
Other requirements provided herein.
1. All work is subject to inspection by the County. Inspections will be held to insure compliance
with the contract and applicable local, state and federal laws. The Contractor will, at all
reasonable times, provide the County access to all work sites and disposal areas, if applicable.
The Contractor will assist the County in preparation of any required documents needed for
Planning and Zoning and Inspections Departments as needed, if applicable.
2. Contractor must secure a contract with Person County Government for the project, and
Contractor’s shall comply all rules, regulations, requirements and safety policies of Person
County Government, North Carolina State Law, and Federal Law.
2.5. Evaluation of Proposals
All qualified proposals will be reviewed and evaluated. At any time during the review, the County may
request additional information from the Contractor. Such information request and Contractor’s
response must be in writing. Information may be requested from sources other than the submitted
proposal to evaluate the Vendor. Evaluation will include, but will not be limited to:
Strength and stability of the Contractor to provide the requested services;
Ability to meet the project timeline;
Overall responsiveness, viability and completeness, as well as the likelihood that, in the County’s
opinion and at the County’s discretion, the bid best meets or exceeds the County’s specifications;
Scope of services being proposed;
Information in the executive summary;
Personnel qualifications;
Distinguishing characteristics;
Cost of services;
Any other facts considered relevant by the County;
Experience with similar projects of comparable size and scope.
3. SCOPE OF WORK
Construction of the Following Park Amenities: Main Dive Access Road, Parking Areas (2), Paved ADA
Accessible Trail, Storm Water Best Management Practices (BMP) Wet Pond, and Site Erosion Control.
See Construction Drawings for the County Farm Park Project provided on request per bid inquiry.
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Bidders are requiring to submit two (2) proposals. One proposal that includes that removal of timber
within the project site limits of disturbance and one proposal that does not include the removal of
timber within the project site limits of disturbance.
Thomas and Hutton Construction Documents per Job: J-92283.0000 (attached)
4. RESPONSES
4.1 Response Format
The County desires all responses to be identical in format in order to facilitate comparison. While the
County’s format may represent a departure from the Contractor’s preference, the County requests
adherence to the format. All Responses are to be in the format described below:
A. Cover Letter
B. Proposal Summary
C. Company Profile
D. References
E. Budget
F. Execution of Proposal
G. Other information the Service Provider wishes to communicate to the County
All responses shall be on 8 ½” 11” format with all standard text no smaller than 11 points. Please
provide one (1) original signed response and two (2) hard copies of the response.
4.2 Miscellaneous Items:
4.2.1 Insurance: The selected Contractor shall secure and maintain throughout the duration of the
contract the required amounts and specified types of insurance required by Person County. Person
County shall be named as additional insured on the Contractor’s insurance policy. Insurance policies
must be filed with Person County prior to starting any contract work.
Required Insurance Elements:
1. Workers Compensation as required by State Law;
2. General Liability - $1,000,000.00 per occurrence;
3. Automobile Liability - $1,000,000.00 per occurrence; and
4. Umbrella - $2,000,000.00 per occurrence.
4.2.2 E-Verify
The successful contractor must comply with the requirements of N.C.G.S. Chapter 64, Article 2, which
pertains to E-Verify requirements.
5. AWARD OF PROPOSAL
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Contracts shall be awarded to the Contractor(s) that submits the best overall proposal as determined by
the County.
Person County Government staff will ultimately forward a formal recommendation of award to the
Person County Board of Commissioners who have the final award approval. Any contract resulting from
this Request for Proposals shall be awarded to the Contractor(s) that submits the best overall proposal
as determined by Person County Government in accordance with N.C.G.S. 143-131. The County may
negotiate with any Contractor(s) in order to obtain a final contract that best meets the needs of Person
County Government.
All proposal information from all bidders set forth in this RFP, become public record upon contract
award pursuant to N.C.G.S. 143-131, N.C.G.S. Chapter 132, and other applicable North Carolina laws. It is
Person County’s policy to advise all bidders as to whom the award was given and at what amount once
the contract has been awarded.
[This area has been left blank intentionally.]
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EXECUTION OF PROPOSAL
Agreement
By signing this proposal, the Offeror agrees to the following items. Initial each line item below for
acceptance.
# Item Initial
1 This Proposal is signed by an authorized representative of the firm.
2 Offeror has read and understands the conditions set forth in this RFP and agrees to
them with no exception.
3 The offeror understands the scope and requirements of this RFP and has included all
labor costs, direct and indirect, in the proposed cost.
4 The cost and availability of all equipment, materials, and supplies, if needed,
associated with performing the services described herein have been determined and
included in the proposed cost.
5 Offeror will be responsible for all warranty issues related to goods and services
provided during the factory warranty period if applicable.
Authorization
In compliance with this RFP, and subject to all conditions herein, the undersigned offers and agrees, if
this proposal is accepted within 90 days of the opening, to furnish the goods and services as stated in
this RFP.
# Item Provide Information
1 Company Name
2 Address
3 City, State, Zip
4 Telephone #
5 Fax #
6 E-mail Address
7 Federal Identification #
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CONTRACTOR ATTESTATION
BY _____________________________________ TITLE _________________________
(Signature) COMPANY _____________________
________________________________________ DATE ______________
(Typed or printed name)
========================================================================
ACCEPTANCE OF PROPOSAL
Person County Government BY: ________________________________
TITLE: ___________________________
DATE: _______________
BOTH PAGES OF THE EXECUTION OF PROPOSAL DOCUMENT MUST BE SIGNED AND INCLUDED IN THE
PROPOSAL. NON-COMPLIANCE WITH THIS REQUIREMENT WILL RESULT IN THE PROPOSAL BEING
EXCLUDED FROM CONSIDERATION.
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AGENDA ABSTRACT
Meeting Date: April 15, 2024
Agenda Title: Sole Source Purchasing Exception for Phase II
Summary of Information: Revolution Systems is the manufacturer of the Revolution 9 Sort
System, the new sort system included in Phase II of the MRF equipment updates and repairs. This
system is available by a sole source. Request for the board of commissioners to approve a Sole
Source Purchasing exception under statute NCGS 143-126 (6) - a needed product is available from
only one source of supply. This equipment is used (2 years) and boasts an $85,000 initial savings
(will be completely refurbished before delivery). Revolution can complete all needed equipment
purchases, arrangements, and repairs of Phase II per the updated quote. The original quote was
received in January 2023, and the cost increase is due to time and inflation. We are awaiting updated
quote from the supplier.
Recommended Action: Request for board’s approval for a sole source purchasing exception and
approval of updating quote in CIP for Phase II completion to be submitted by 4/19/2024.
Submitted By: Amanda Everett, Person Industries and Person Recycling Center Director
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AGENDA ABSTRACT
Meeting Date: April 15, 2024
Agenda Title: Human Services Building Purchase and Sale Contract
Summary of Information: For nearly 20 years, Person County has leased space in a portion of a
shopping center located at 355 South Madison Boulevard, Roxboro, North Carolina. The space,
referred to as the Person County Human Services Building, currently houses the Person County
Department of Social Services and Person County Health Department. The North Carolina
Division of Juvenile Justice and Delinquency Prevention and Freedom House (Person Counseling
Center) sublease space from the county.
The Human Services Building is located on approximately 7.90 acres with +/- 67,500 square foot
office/medical facility. Approximately 0.68 acres of land adjacent to the building parcel is
currently utilized for parking transit busses that are operated by another county department, the
Person Area Transportation System (PATS).
The lease agreement with Brixmor will end in August 2025. In September 2022, the county began
working with a broker, Doug Brock, Senior Managing Director with Newmark, to negotiate with
Brixmor on the terms of a lease renewal or purchase. The county also evaluated options for new
construction, which included releasing a Request for Qualifications (RFQ) in May 2023, followed
by a Request for Proposals (RFP) process in June 2023.
After a thorough review of a variety of proposals submitted by four developers, and discussions
with the county’s Financial Advisors, it became apparent that the most affordable option would be
to purchase the Human Services Building for $8,000,000. Operations will remain in the current
building, which will be renovated to meet the current and future needs of the county workforce
and the members of the public who utilize the space. Given the demands on the county to fund
other large capital projects to meet pressing facilities needs of Person County Schools (PCS),
Piedmont Community College (PCC), and County Government, this seemed to be the most viable
approach.
In FY25, the County will issue $21,000,000 in limited obligation bonds (LOBs) to finance the
acquisition of the Human Services Building and the Carolina Pride Carwash Building, construction
and equipment upgrades associated with the PI/MRF merger, and a new roof for South Elementary
School. This financing will not require an increase in property taxes. The county’s annual lease
payment of $1,232,142 for the Human Services Building will be redirected to the county’s capital
investment fund (CIF) to offset principal and interest payments on the bonds. The county’s lease
will be terminated upon closing on the Human Services Building property, and lease payments to
Brixmor will cease.
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On March 6, 2024, the County Manager signed a Memorandum of Understanding (MOU) to
purchase the Human Services Building property and adjacent parking lot. The county received a
draft Purchase and Sale Agreement from Brixmor. County Attorney T.C. Morphis has reviewed
the agreement and provided his comments to Brixmor’s attorney.
Recommended Action: Authorize the County Attorney and County Manager to negotiate the final
language of the Agreement and authorize the County Manager to execute the final document.
Submitted By: Katherine M. Cathey, County Manager
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AGENDA ABSTRACT
Meeting Date: April 15, 2024
Agenda Title: FY 2025-2029 Recommended Capital Improvement Plan (CIP)
Summary of Information: The recommended five-year CIP that was presented to the Board of
Commissioners on April 1, 2024, is before the Board for discussion, adjustments, and adoption.
At Chairman Powell’s request, Person County Schools (PCS) Superintendent Rodney Peterson
submitted a funding request for a new PCS Operations Building. The new $3,100,000 facility would
serve as a centralized hub for all operations departments, including computing services, thereby
enhancing collaboration and communication among staff members. It would replace an outdated
building from the early 1900s that needs extensive repairs.
County staff evaluated options for incorporating the new PCS facility in the FY2025-2029 CIP:
1.Including this project in the limited obligation bonds (LOBs) issuance in FY26 for various
improvements to school facilities would require a half-cent tax increase to support debt
payments.
2.Removing projects from the recommended plan would free up funding to pay for this
project, but it would delay addressing other needs.
3.Reevaluating the request during the FY2026-2030 CIP process. Over the course of FY25, the
debt model may build capacity to accommodate this project without a tax increase.
Staff recommends option 3, reevaluating the new Operations Building project during next year’s CIP
process.
The adoption of this CIP will allocate funding for the priority projects for the County, Person County
Schools, and Piedmont Community College for FY25. The document also sets the priorities of
projects for future fiscal years, although funding is only appropriated on an annual basis, and the
plan is reviewed annually. The total amount proposed for funding in FY25 is $28,724,070 and has
not changed. Of this amount $2,311,206 is from the County’s general fund.
Recommended Action: Provide direction to staff regarding any changes to the recommended plan
and then adopt the CIP.
Submitted By: Katherine M. Cathey, County Manager and Amy Wehrenberg, Chief Financial
Officer
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