January 19
January 19, 2010 1
PERSON COUNTY BOARD OF COMMISSIONERS January 19, 2010 MEMBERS PRESENT OTHERS PRESENT
Johnny Myrl Lunsford Heidi York, County Manager
Jimmy B. Clayton C. Ronald Aycock, County Attorney Kyle W. Puryear Brenda B. Reaves, Clerk to the Board
B. Ray Jeffers
Samuel R. Kennington
The Board of Commissioners for the County of Person, North Carolina, met in regular session on Tuesday, January 19, 2010 at 9:00 a.m. in the Commissioners’ meeting room in the Person County Office Building.
Chairman Lunsford called the meeting to order and asked Commissioner Clayton
to lead in prayer and Commissioner Kennington to lead the Pledge of Allegiance. PUBLIC HEARING:
AMENDMENT TO THE 2008 COMMUNITY DEVELOPMENT BLOCK GRANT
SCATTERED SITES PROGRAM:
A motion was made by Commissioner Jeffers, seconded by Commissioner
Puryear, and carried to open the Public Hearing requesting Amendment to the 2008
Community Development Block Grant Scattered Sites Program.
Ms. Julie A. Reid of Kerr Tar Regional Council of Governments requested Board
approval to Amendment No. 1 to the 2008 Community Development Block Grant
Scattered Sites Program, Single Family Rehabilitation Program. Ms. Reid explained
every three years the County is eligible to apply for $400,000 to rehabilitate homes
within Person County. Ms. Reid told the Board that applications from home owners are accepted, reviewed by a committee and houses are inspected for inclusion in the program.
Ms. Reid noted changes occur between the time an application is prepared and the actual
work begins noting one home was withdrawn from consideration, one homeowner is now
deceased and a third candidate was able to gain employment and is no longer eligible for
assistance as well as stated two homes were scheduled for rehabilitation, but the homes have deteriorated past the point of possible rehabilitation. Ms. Reid stated no alternates
had been proposed for rehabilitation or urgent repairs. Ms. Reid submitted to the Board
the following program amendment No. 1 to the County’s Scattered Site Housing
Rehabilitation Program, Grant No. 08-C-1834:
The following property shall be deleted from the program
Willie Childs; 1281 Denny Store Road
William Johnson; 508 Ivey Street
Estella Watkins; 1639 Ephesus Baptist Church Road
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The following changes shall be made:
Change from rehabilitation to demolition and replacement
Debbie Wilkerson; 640 Hazel Lawson Road Bruce LaBeet; 1712 Forest Street
Add the following as alternates for rehabilitation
La Saundra Barnett; 310 Hill Street
Evelyn Trotter; 419 Ellen Street Ms. Reid informed the Board that no budget revisions are proposed at this time
nor are there any changes to the number or composition of the beneficiaries at this time.
Commissioner Jeffers asked Ms. Reid if there were any others living in the home of the deceased individual that is proposed to be deleted from the program. Ms. Reid stated if the home had been passed to a family member that was deemed eligible, the
property would have remained in the program, and however, the property is vacant.
Speaking in favor to Amendment to the 2008 Community Development Block Grant Scattered Sites Program was Ms. Mabel Watkins of 1639 Ephesus Baptist Church Road requesting assistance from the Board so her family might be able to stay in the
home that was owned by Estella Watkins (now deceased) noting the home was left to her
soon to be foreclosed upon. Chairman Lunsford directed Ms. Watkins to talk with Ms.
Julie Reid regarding her request. No one spoke in opposition of the Amendment to the 2008 Community
Development Block Grant Scattered Sites Program.
A motion was made by Commissioner Puryear, seconded by Commissioner Clayton, and carried to close the Public Hearing requesting Amendment to the 2008 Community Development Block Grant Scattered Sites Program.
A motion was made by Commissioner Puryear, seconded by Commissioner
Clayton, and carried to approve the Amendment No. 1 to the 2008 Community Development Block Grant Scattered Sites Program as presented.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Jeffers, seconded by Commissioner Puryear and carried to approve the agenda.
INFORMAL COMMENTS:
There were no comments from the public.
January 19, 2010 3
APPROVAL OF MINUTES: A motion was made by Commissioner Clayton, seconded by Chairman Lunsford,
and carried to approve the minutes of January 4, 2010.
Commissioner Clayton commented on the three board vacancies for the Orange-
Person-Chatham Area Mental Health Board and encouraged citizens to apply.
ADMINISTRATIVE REPORTS: A motion was made by Commissioner Puryear, seconded by Commissioner
Jeffers, and carried to approve the Administrative Reports for the Airport, Inspections,
Emergency Services, Detention Center and the Recycling Center.
OLD BUSINESS:
POTENTIAL LOCATIONS FOR PROBATION SERVICES:
County Manager, Heidi York told the Board with the adoption of the Fiscal Year
2009-2010 State Budget, the General Assembly shifted the responsibility for housing Probation Services from the State Department of Correction to county governments.
Ms. York stated Person County already provides space to seven probation officers in the County Courthouse with an additional eight officers working out of leased office
space at 722 Durham Road, Roxboro (the Walker Building). As of January 1, 2010 the
County currently pays the lease on the leased space at the Walker Building at a rate of
$2,041 per month. The County also now provides janitorial services, which has fallen on
our Public Works Department. Ms. York noted the lease on the space at the Walker Building terminates October 1, 2010, requiring a new location needing to be identified
for the eight officers.
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Ms. York requested the Board to direct the Manager to pursue the Board’s
preferred option for providing space to Probation Services after October 1, 2010 when the
current lease at the Walker Building expires. Ms. York reminded the Board of the
restrictions placed on site locations including proximity to children, proximity to the courthouse, and ample parking for clients and staff noting eight offices are needed in
addition to a waiting area; male and female restrooms for clients as well as a restroom for
probation staff; a conference room; and a kitchenette/break room for employees. Ms.
York presented the following location options for the Board’s consideration:
Option1: Relocate eight officers to Courthouse and redesign the renovation plans
• Description: The planned renovation of the Courthouse has a lower level storage area
on the ground floor (east end) that could be redesigned to accommodate the additional
eight probation officers. This space is approximately 1326 sq ft. This would allow all of probation services to operate under the same roof as the seven other probation officers will be in the Courthouse as well, however losing planned storage space.
• Costs: Design Fees: $13,500 Construction costs: $112,500 Total: $126,000
• Timing: Ms. York stated the timing is a challenge as this area of the Courthouse is the last phase to be completed. Ms. York noted at best schedule, bids would be received
mid July 2010. Public Works Director, David Rogers stated 4-6 weeks would be
required for verification with construction to be scheduled to begin in the fall, 2010
noting the space would not be available for approximately one year from construction.
Ms. York stated a short-term lease to bridge the time from October 2010 and the construction completion would be need noting both option 3 and option 4 could
provide.
Option 2: Renovate the former Person Counseling Center
• Description: This facility located on W. Barden Street next to the EMS Building, is currently vacant and badly in need of repair. The approximate square footage of this
building is just less than 4,000 sq. ft.
• Costs: Ms. York stated the estimate received for the renovation of this space is
between $400,000 and $450,000, cautioning the estimate does not include several large ticket items including architectural and engineering fees, additional walls for
offices in the large open room, and subsequent HVAC changes that will be needed to
create separate offices nor is the estimate accounting for any costs associated with
unknown asbestos and lead paint.
• Timing: approximately six months from contract award is needed to complete the renovation.
Option 3: Relocate eight officers to available rental space at 25 Reams Avenue
• Description: This space is located one block from the Courthouse and consists of ten offices, two bathrooms, a conference room and a waiting area for a total of 2,980 sq.
ft. There is also plenty of parking options available.
• Costs: rental rate is $1,850 per month or $22,200 annually (not including utilities) with optional janitorial services at $250 per month.
• Timing: Building is currently vacant and ready to be occupied at anytime.
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Option 4: Remain at the Walker Building on an as-needed basis
• Description: The eight probation officers are currently working out of 2500 sq. ft at this location and the lease runs through October. Ms. York spoke with the landlord, Mr. Walker, and he is willing to extend the lease on a month-to-month (or longer)
basis if needed noting the building is currently for sale. Mr. Walker suggested that the
lease could remain even with a new buyer although a new lease would need to be
negotiated; he also suggested that the County might explore the option of purchasing the building. The total building is about 12,000 sq. ft. and offered at $350,000.
• Costs: the current rental rate is $2,041 a month or $24,500 annually. This includes
utilities, but does not include janitorial services.
• Timing: the current lease runs through October and can be renewed as needed.
Ms. York stated she has met with representatives from Probation Services and toured the
available space options. The preferred option among the Probation Staff was the office space
at 25 Reams Ave. The downside according to Ms. York is that the County would be
committed to making lease payments rather than being owners of the building and negotiations would be needed with the building owner to hold the space for the County until
the lease runs out on the Walker Building. Ms. York stated the location at 24 Reams Avenue
and the Courthouse redesign options appear to be the most feasible options in terms of costs,
timing, and convenience, for the Board’s consideration.
A motion was made by Commissioner Clayton, seconded by Commissioner Jeffers, and
carried to approve Option1 as presented by the County Manager to relocate eight officers to
Courthouse and redesign the renovation plans as well as direct the County Attorney to draw
up a lease agreement for the existing probation offices to remain at the Walker Building until
the Courthouse renovations are complete.
Commissioner Kennington requested the following item be added to the Board
Retreat agenda: facility study on county owned buildings.
NEW BUSINESS:
PRESENTATION OF COMPREHENSIVE ANNUAL FINANCIAL REPORT
FOR FISCAL YEAR ENDING JUNE 30, 2009:
Mr. James Winston, CPA at Winston, Williams, Creech, Evans & Company, LLP presented to the Board the Comprehensive Annual Financial Report (CAFR) for Person
County for Fiscal Year ending June 30, 2009 highlighting Person County receiving the
Certificate of Excellence for financial reporting for the 21st consecutive year. Mr.
Winston stated sales tax was the biggest loss of revenue while tax collection in Person
County is better than the state average. Mr. Winston reported 22.65% is the statewide average for Fund Balance Expenditures noting Person County realized 30.07% although
according to the Finance Director has decreased to 24% at the end of December, 2009.
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Mr. Winston commended the Board, Person County Finance Department and
Management for a job well done resulting in the report presented.
Commissioner Clayton asked Mr. Winston to explain how the total county budget was not controlled funds. Mr. Winston explained that the county’s budget totaling over
50 million budget was on controlled by 20 million or so in funds, i.e. property tax, sales
tax to some degree and fees. Health and Human Services receives restricted funds
designated for specific services that serve as pass-through funds.
Commissioner Puryear asked Mr. Winston if the 22% of the total budget spent on
education included debt. Mr. Winston confirmed the amount included debt and
operational expenses.
A motion was made by Commissioner Kennington, seconded by Commissioner Puryear, and carried to honor the Finance Director and Finance Department for receiving
the Certificate of Excellence in financial reporting.
The Board thanked Mr. Winston for the presentation.
Commissioner Puryear publicly thanked the County Manager and commended her
effort for the county to hold the line.
Chairman Lunsford stated the Board had been good custodians of county funds
doing more with less than in the past years surviving well during the downturn of the economy and maintain the status of services, i.e. fire protection, safety protection, health
protection because of the good employees working hard to meet the obligations without
an increase in salary. Chairman Lunsford stated he was inspired and appreciated the
Board as well.
Commissioners Jeffers and Clayton thanked county employees for sacrificing and
doing as well as the county has this past year.
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CRIMINAL JUSTICE PARTNERSHIP PROGRAM FOR PERSON COUNTY: County Manager, Heidi York and Matt Reece, Piedmont Triad Council of
Governments informed the Board of an opportunity to join into a Criminal Justice
Partnership Program that includes grant funds to serve criminal offenders of Person County.
The NC Department of Correction has designated funds for Person County to use
for substance abuse treatment for offenders that are on probation and parole in our
community. Person County is eligible to receive an annual allocation of $71,688 in grant funds through a criminal justice partnership grant. These funds must be dedicated to
serving criminal offenders. The services to be provided include quality supervision of
offenders, evaluation and treatment for substance abuse and addictive behaviors, and
alternatives to incarceration resulting in cost savings to citizens. The goals are to reduce:
recidivism; the number of probation revocations; alcoholism and other drug dependencies; and the cost of incarceration to the State and counties. Offenders are able
to gain or maintain employment while participating in the Program. Offenders address
drug and alcohol dependencies and have access to the behavior changing therapy needed
to stay clean and avoid substance abuse. The program also provides an array of services
to assist offenders with making positive changes in their lives.
The grant requires no local funds and the program has been continually funded
since 1994. The Department of Correction makes this grant available to all counties, but
Person County has not applied for the funds in the past. To apply, Person County would
need to establish an advisory board, develop and adopt a community corrections plan, and submit the annual program request for the grant. Mr. Reece suggested as another
option to join Caswell County’s existing program which serves the same judicial district,
9A. The committee that serves Caswell County can also be tasked with serving Person
County. Committee members include the District Attorney, Superior and District Court
Judges that serve both districts, County Sheriff, and County Manager, among other stakeholders of the criminal justice system. The committee is supported by staff from the
Piedmont Triad Council of Governments and Caswell County has accepted the
responsibility to be the fiscal agent for the Program.
The Program operates as a satellite substance abuse program. The services will be delivered directly in Person County by Freedom House Recovery, Inc. Two case
managers are based in Roxboro and the base level of services will be provided in group
therapy, an intensive outpatient treatment.
The Piedmont Triad Council of Governments will submit the application to draw down the grant funds and the Criminal Justice Partnership Program between Person and
Caswell Counties will be established. The following presentation was extended to the
Board as well as a request to authorize application for the grant.
Mr. Reece stated this program has not received any reductions from the State in the past with supporters at the State level with a successful track record.
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A motion was made by Commissioner Jeffers, seconded by Commissioner Puryear,
and carried for Person County to join the Criminal Justice Partnership Program in
Caswell County so that Person County will be eligible to receive an annual allocation of $71,688 in grant funds through a criminal justice partnership grant.
January 19, 2010 19
WILSON AMBULANCE SERVICE AND SUPPORT FRANCHISE APPLICATION:
Emergency Medical Services Director, Michael Day stated Wilson Ambulance
Service and Support (WASS) has applied for a full ambulance franchise in Person County noting Board action in 2008 granted a limited franchise certification to allow
them to start their business including obtaining financing for purchasing equipment. Mr.
Day stated the application verifies purchase of ambulances, employees available to begin
work, as well as a secured space to operate services. Mr. Day noted with Board approval,
the requested full franchise will start the second phase which will begin the State process of updating Person County’s EMS system for approval which lets the State know Person
County acknowledges a new ambulance provider to be permitted to operate in Person
County. Mr. Day stated he, the County Manager and the County’s Medical Director are
all a part of the approving process that ultimately grant WASS an ambulance provider
license that will recognize WASS as part of the County EMS system plan that enables WASS to provide basic life and bariatric services to Person County. Mr. Day estimates
WASS to eliminate about 10% of EMS’s annual 5600 calls and noted that EMS is not
currently equipped to provide bariatic services.
Mr. Day confirmed for Commissioner Puryear that the current EMS system plan will have to be modified to recognize the county granting a franchise to include WASS
requiring approval from the EMS Director, County Manager and the County Medical
Director (Dr. Kimmie Yarborough). Once the State receives EMS’s system plan
modification, the State has 60 days to act according to Mr. Day. Mr. Day confirmed to
the Board that based on the information submitted, the Medical Director is in favor of granting the requested franchise with the understanding a meeting will be scheduled with
all parties related to the modifications.
Mr. Day noted WASS would not be in direct competition with the county EMS
but would become a part of the county EMS system. WASS will manage its own staff but the county will have huge oversight, with no liability through North Carolina General
Statute for EMS and North Carolina Administrative Code. Mr. Day stated his need of a
fourth ambulance and staff stating a 12% increase in 911 calls from fiscal year 2008 to
2009.
A motion was made by Commissioner Jeffers, seconded by Commissioner
Clayton, and carried to approve the Wilson Ambulance Service and Support Franchise
Application.
January 19, 2010 20
COUNTY FIRE CONTRACT WITH THE CITY OF ROXBORO: County Manager, Heidi York and Fire Marshal Johnny Gentry presented the
Board with a revised Contract between the City of Roxboro and Person County to
provide County Fire Protection Services.
Ms. York reminded the Board that on October 20, 2009 during a joint meeting of
the Person County Board of Commissioners and the Roxboro City Council, the County
and City Managers were directed to develop a workable contract for fire services. Over
the past several months meetings have been conducted between the City of Roxboro Fire Department, Person County Fire Marshal, Emergency Management Director, City and
County Attorneys and the Managers. The negotiations yielded several updates to the
contract including clarification of the boundaries and the responsibilities for serving
Person County Fire District #1; formalizing the partnership between Emergency Services,
the Volunteer Fire Departments and the City of Roxboro Fire Department; defining the services to be provided by the City of Roxboro Fire Department; itemizing the costs of
these services; and reducing the length of the contract. The original contract duration
was five years with an additional five years automatic renewal. The new proposed
contract is for a period of two years which was a compromise. Agreement was not
reached on the ability to reduce the amount of funding. The proposed funding amount is $353,560 annually, which is the same amount funded in Fiscal Year 2009-2010. The
short contract term was agreed to due to the difficult economic conditions facing both
governments. Ms. York noted the City of Roxboro had requested for Section 4 to be
deleted in its entirety from the contract presented. Ms. York stated once the Board
approves, the City of Roxboro will put on their agenda for approval.
Fire Marshal, Johnny Gentry confirmed for the Board that when Fire Inspection
services responsibilities moved from the City of Roxboro to Person County in 2006, the
contract was reduced by 38%.
A motion was made by Commissioner Clayton, seconded by Commissioner
Kennington and carried to approve the revised Contract between the City of Roxboro
and Person County to provide County Fire Protection Services including the modification
requested by the City of Roxboro.
The following contract is the revised contract after Board action January 19, 2010
that will be before the City of Roxboro Council for approval.
January 19, 2010 21
CONTRACT TO PROVIDE COUNTY FIRE PROTECTION SERVICES
NORTH CAROLINA
PERSON COUNTY
THIS CONTRACTUAL AGREEMENT, made and effective as of this 1st day of July, 2010, by and between the City of Roxboro, a municipal corporation of the State of North
Carolina (hereinafter called “the CITY”), and Person County, North Carolina, a body
corporation and politic (hereinafter called “the COUNTY”)
WITNESSETH:
That for and in consideration of the mutual covenants hereinafter contained, and pursuant to authority granted by G.S. 160A-293, the City and the County do hereby covenant and
agree as follows:
1. The City agrees to furnish and provide fire protection services to all property
within its fire protection service area lying outside the boundaries of the city as
defined as the Person County FD #1, which is established by the Office of the
State Fire Marshal. For purposes of this paragraph Fire Protection Services are
specifically defined as follows:
a. Fire suppression services within Person County FD #1, which is primarily a
5 mile radius from the City of Roxboro Fire Station #1, located at 105
Court Street.
b. Emergency medical first responder services, as outlined by mutual
agreement and Standard Operating Procedure between the City Fire
Chief, County EMS Director and 911 Director within Person County FD #1,
which is primarily a 5 mile radius from the City of Roxboro Fire Station #1,
located at 105 Court Street. (see Memorandum of Understanding)
c. Fire and life educational programs when requested in Person County FD
#1.
d. Fire investigations as required by N.C.G.S. 58-79-1 within Person County
FD #1.
2. The City further agrees to furnish and provide additional fire protection services
to all areas within Person County lying outside of the City of Roxboro Fire
Departments service area, known as Person County FD #1. For this purposes of
this paragraph Fire protection services are specifically defined as follows:
Page 1 of 3
January 19, 2010 22
a. Automatic mutual aid on all structure fires consisting of one engine and a
minimum of three personnel, with any additional personnel at the
discretion
of the City Fire Chief.
b. Serve as a central repository of specialized equipment (SCBA refilling
station, aerial apparatus, water refill hydrants).
c. In the event fires occur simultaneously in the City and / or County, the
decision of the City Fire Chief or the chief’s representative shall be final
and conclusive as to priorities.
d. Fire and Life Safety educational programs when requested within the
other Person County Fire Districts. These programs should be
coordinated with the Person County Fire Marshal’s Office.
e. Mutual Aid services as requested by the primary fire department for the
following services:
(1) Woods fires, vehicle fires threatening a structure, technical,
confined space, and high angle rescue services
3. The annual amount of this contract is $353,560.00 for a contract period of (2)
two years beginning the 1st day of July 2010, to be paid in equal monthly
installments with the payment being due no later than the 30th day of each
month.
4. The City of Roxboro Fire Department will provide the Fire Marshal’s Office with a
quarterly call report / break down of all county related calls, and educational
programs delivered in the Person County FD #1 and outside of FD #1.
5. The term of this agreement shall be for a period of (2) two years from the
effective date of this agreement. Nothing in this paragraph prevents any party
from proposing a modification to this agreement, which modification shall
become effective only upon mutual consent of both parties as evidenced by
appropriate resolutions adopted by
both parties.
6. This instrument contains the entire agreement between the parties; and no
statement, oral or written, made by either party or agent of either party that is
not contained in this written agreement shall be valid or binding.
Page 2 of 3
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IN WITNESS WHEREOF the parties hereto have caused this instrument to be
executed by their properly designated officials by authority validly and duly given
and their respective seals to be hereunto affixed on the day and year first above
written. This instrument is executed in duplicate originals.
ATTESTED TO BY: CITY OF ROXBORO
_________________________ _________________________
City Clerk Mayor
ATTESTED TO BY: PERSON COUNTY
_________________________ _________________________
County Clerk Chairman
This instrument has been pre-audited in the manner required by the Local
Government Budget and Fiscal Control Act.
_________________________ _________________________
City Finance Director County Finance Officer
Page 3 of 3
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3 Year Average Total # Students in
Public & Charter
Schools
6,189.0
6,201.0
6,164.0
SCHOOL FUNDING FORMULA: County Manager, Heidi York and Finance Director, Amy Wehrenberg requested
the Board to discuss the implementation of the proposed School Funding Formula and to
direct staff for purposes of budgeting. Ms. York reminded the Board that at the October 2009 joint meeting of the Board
of Commissioners and the Board of Education, a proposed funding formula was
presented for discussion. A decision was not made at that time to implement the funding
formula. Ms. York noted the Superintendent has asked whether the formula will be adopted for the upcoming fiscal year.
Ms. York explained the proposed formula uses an average of the three previous
years’ Per Pupil Expenditures (from the Department of Public Instruction) and multiplies
by the average of the same three previous years for the Total Number of Person County School Students. The product of these two figures results in a local appropriation.
Years in Average
3 Year Average
DPI Statistical Profile State
Average Local PPE
2004-2007 $ 1,549.71
2005-2008 $ 1,624.47
2006-2009 $ 1,692.85
Ms. York noted the budgeted current expense appropriation for the schools (Fiscal
Year 2009-2010) is $8,861,567 and should the formula be approved for next fiscal year, an additional $1,573,160.40 of funding is required to reach the formulated result. Knowing that
this formula would be difficult for the County to support in the current economic situation, it
was proposed that the formula be phased in over the next three years by adopting a graduated
percentage scale aiming to get to the full formula by the fourth year. The targeted increase
could be 25% for Fiscal Year 2011; 35% by Fiscal Year 2012; 40% by Fiscal Year 2013 and finally 100% by Fiscal Year 2014. This would look like:
Fiscal Year
Projected Local
Appropriation for 3
Year Average
2008-2009 $ 9,591,175.82
2009-2010 $ 10,073,359.14
2010-2011 $ 10,434,727.40
X
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Fiscal Year Increase in Allocation from Prior FY
County Appropriation Percentage of Increase from Difference in
2010-2011
2010-2011 $ 393,290 $ 9,254,857 25%
2011-2012 $ 550,606 $ 9,805,463 35%
2012-2013 $ 629,264 $ 10,434,727 40%
Ms. York reminded the Board the county funded Person County Schools $8.8 million stating the Superintendent informally asked about the possibility to return to the
$9.3 million allocation as funded in the past. Ms. York stated she had not communicated
to county departments but to the Superintendent the intention to request departmental
budgets be held to last years funding. Ms. York stated if a funding formula was approved
by the Board, it would not be binding for future boards as well as noting the funding formula would always stay behind state averages.
Commissioner Puryear stated his support of the funding formula.
Commissioner Clayton opposed the idea of obligating funding of one department over another so early in the budget preparation as well as not knowing what might be
ahead for the county from the State.
Commissioner Jeffers stated the county has funded the schools as best as possible.
Commissioner Kennington stated his desire to see the per pupil expenditure above
the state average, but have concerns of obligating future boards by implementing a
funding formula. Commissioner Kennington stated his intent to review all budget
requests, projected revenues to do the best for all departments. Commissioner
Kennington stated he was not in favor of setting a school funding formula.
Chairman Lunsford stated agreement with Commissioners Kennington, Jeffers
and Clayton. Chairman Lunsford stated the Board is a good custodian to allocate funds
without putting the county in jeopardy with spending.
Commissioner Puryear reiterated his support of the funding formula as a step in
progression to evidently reach the per pupil expenditure state average and asked the
Board members to hold spending on other projects.
Commissioner Kennington mentioned the next joint session with the Board of Education as an opportunity to continue discussions is scheduled for April 1, 2010.
Commissioner Kennington pointed out the Strategic Planning committee focused on
education and encouraged their efforts. Commissioner Kennington noted the Board
Retreat as a time to further discuss budget funding requests from the Schools as well as all departments.
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The group recognized the School Board’s request to have an idea in January the
expected county funding so they might begin their budget preparation. The Board noted
the County Manager had fulfilled that request that direction of holding the amount of funding as allocated in this current fiscal year.
A motion was made by Commissioner Puryear, seconded by Commissioner
Kennington, and died to lack of majority 2/3 vote to continue discussions of budget
formula implementation for the School Board. Commissioner Puryear and Chairman Lunsford voted in favor of the motion. Commissioners Clayton, Jeffers, and Kennington
voted in opposition to the motion.
2009 STATE OF THE COUNTY HEALTH REPORT: Health Education Supervisor/Healthy Personians Coordinator, LeighAnn Creson
presented the 2009 State of the County Health Report. This report provides current
mortality and morbidity data for the county. It also lists health priorities identified through the 2007 Community Health Assessment process and reveals progress made
towards addressing those priorities in the past year. New and emerging issues in public
health are addressed as well as other changes in the county that have or could potentially
impact the health of Personians.
Health priorities identified through the 2007 Community Health Assessment for
Person County include:
Chronic Disease
(heart disease, cancer, stroke, diabetes, chronic lower respiratory diseases)
Health Promotion
(obesity/overweight, physical activity, nutrition, smoking/tobacco use, unsafe sex,
drug/alcohol abuse)
Adolescent Health
(teen pregnancy, sexually transmitted diseases/HIV)
Community Issues
(gang activity, suicide)
Access to Health Resources
(physical health, mental health, preventive health, treatment)
Other highlights from the report:
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A Diabetes Education Pilot Study was implemented in the community.
A School Gatekeeper (suicide prevention) training was offered for school personnel
and other partners.
Cancer exceeds heart disease as a leading cause of death.
Person County ranked #28 in North Carolina for teen pregnancies in 2008.
Person County Infant Mortality rate is under the NC rate.
204 reported communicable diseases in 2008.
New and emerging public health issues have been the contaminated wells and H1N1
Gang activity increased
Community impacts expansion/closing of industry
Commissioner Clayton thanked everyone at the Health Department for their efforts
Commissioner Jeffers thanked the Wellness Committee for their efforts with the holiday
luncheon.
Commissioner Kennington inquired about reporting on the air quality in Person
County and requested an update be sent to the County Manager. Commissioner
Kennington inquired about programs offered regarding teen pregnancy in Person County
and requested any assistance the Health Department could the schools. Ms. Creson stated a staff position was dissolved that addressed teen pregnancy in schools, however
education is offered through clinics with resources such as videos as well as a HIV grant
that addresses adolescent issues.
The Board thanked Ms. Creson for presenting the 2009 State of the County Health Report.
PERSON COUNTY GOVERNMENT SUBSTANCE ABUSE POLICY: Human Resources Director, Angie Warren presented the Person County
Government Substance Abuse Policy for adoption noting the County has a responsibility
to all employees to provide a workplace that is free of controlled substances and alcohol
as well as a responsibility to the public to insure that its safety and trust in the County is upheld. The County presently does not have a substance abuse policy, therefore, no pre-
employment, reasonable suspicion, random, post-accident, return to duty or follow-up
testing is being conducted. The recommended policy is a zero tolerance policy due to
the magnitude of potential adverse consequences of controlled substances abuse and
alcohol misuse which can range from personal injury or equipment damage to death of co-workers or the public. Ms. Warren requested approval of the Substance Abuse Policy
to perform pre-employment, reasonable suspicion, random, post-accident, return to duty
or follow-up drug testing on safety sensitive positions noting it would be random,
unannounced testing.
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Commissioner Clayton asked about the costs of implementing the policy. Ms.
Warren confirmed funds were already budgeted this fiscal year. Commissioner Clayton
questioned if duplication was present under the section addressing post accident testing
especially if law enforcement requested testing as well. Commissioner Clayton was concerned about testing post accident in all cases.
County Attorney, Ron Aycock noted the policy presented represents a standard
used by other counties and as a policy; the Board can certainly amend the definition to
exclude certain circumstances.
Commissioner Jeffers stated his support of the policy and felt it was overdue.
County Manager, Ms. York stated there is no intention to duplicate testing and
suggested to amend the policy section to state should testing been administered by law enforcement, that would delineate the need for the county to so.
Commissioner Puryear suggested rewording so the county would not be liable and
to help with insurance premiums.
County Attorney, Ron Aycock suggested amending the policy so no one in
Administration would have to make a decision when employees should be tested and to
make the policy uniform. Mr. Aycock agreed to approve such amendment.
A motion was made by Commissioner Jeffers, seconded by Chairman Lunsford, and carried to approve the Person County Government Substance Abuse Policy with the
amendment approved by the County Attorney for all safety sensitive positions.
Commissioner Kennington stated his support of all pre-employment hires being
subject to the drug testing for zero tolerance. Commissioners Kennington and Puryear requested to discuss the costs associated with drug testing all pre-employment candidates
for hire at the Board Retreat.
The following Person County Government Substance Abuse Policy includes the
amendment requested by the Board on January 19, 2010.
January 19, 2010 29
Person County Government Substance Abuse Policy
Policy Overview: Person County Government has a responsibility to all employees to provide a workplace
that is free of controlled substances and alcohol as well as a responsibility to the public to
insure that its safety and trust in the County is upheld. Therefore, Person County has
adopted a policy that prohibits the following behaviors by employees:
• The use or possession of alcohol or any controlled substance, including the abuse
of medications, while on work time or work premises, or in county vehicles.
• The sale, distribution, or provision of alcohol or any controlled substance while
on work time or work premises, or in county vehicles.
• Reporting to work or working while intoxicated or otherwise impaired. This is a zero tolerance policy due to the magnitude of potential adverse consequences of
controlled substances abuse and alcohol misuse which can range from personal injury or
equipment damage to death of co-workers or the public. Any violations of this policy
will subject the employee to disciplinary action, up to and including dismissal.
Purpose: The purpose of the drug and alcohol policy is to:
1. Identify all requirements and actions necessary to eliminate controlled substance
abuse and alcohol misuse with Person County Government.
2. Ensure full compliance with federal requirements for establishing a drug-free
workplace.
3. Identify when, and under what conditions, County employees are subject to drug
and alcohol testing.
Scope/Coverage: All employees (full time; part time; temporary; contract) of Person County Government
are subject to the following types of tests:
• reasonable suspicion
• post-accident
• return to duty
• follow-up Pre-employment testing will be conducted on safety sensitive positions.
Safety Sensitive Employees of Person County Government are subject to the following
types of tests:
• random, unannounced testing
January 19, 2010 30
Compliance with Law
1. Information regarding the testing and referral of employees and applicants under the policy will be treated as confidential in accordance with the requirements of North Carolina laws governing the privacy of employee
personnel records.
2. Searches and seizures are to be conducted in a legal manner. Person County
Government reserves the right to conduct searches or inspections of property assigned to an employee whenever a department head or his or her designee determines that the search is reasonable under all circumstances.
Definitions
Alcohol test means a test for the presence of alcohol in the body as determined through
the use of a breath alcohol test, evidential breathalyzer test, or blood screening.
Approved laboratory means a laboratory approved and certified by the North Carolina Department of Human Resources or the U. S. Department of Health and Human Services
(DHHS), the College of American Pathology, the American Association for Clinical
Chemistry, or the equivalent to conduct drug testing. Only laboratories certified by
DHHS will be used for tests required by Federal Transit Administration (FTA) and
Federal Highway Administration (FHWA).
Canceled Test with respect to the results of a drug test, means a test result in which the
medical review officer finds insufficient information or inconsistent procedures with
which to make a determination.
Confirmation test for alcohol means a second test, following a screening test with a
result of 0.02 or greater that provides quantitative data of alcohol concentration.
Confirmation test for controlled substances means a second analytical procedure to
identify the presence of a specific drug or metabolite that is independent of the screen test
and that uses a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy. Gas chromatography/mass spectrometry
(GC/MS) is the only authorized confirmation method for the five SAMHSA drugs.
Conviction means a finding of guilt (including a plea of nolo contendere) or imposition
of sentence, or both, by any judicial body charged with the responsibility to determine violations of federal or state criminal drug statutes.
Criminal drug statute means a criminal statute relating to the manufacture, distribution,
dispensation, use or possession of any drug.
January 19, 2010 31
Drug means a controlled substance as listed in Schedules I through V of Section 202 of
the Controlled Substances Act (21 USC 812) or Chapter 90, Section 87(5) of the North
Carolina General Statutes or a metabolite thereof.
Drug test and drug screening means a test, including providing the necessary sample of
body fluid by the employee to be tested, for the presence of any of the following drugs or
drug metabolites in the urine or blood of an employee:
a. amphetamines
b. barbiturates c. benzodiazepines
d. cannabinoids
e. cocaine
f. methaqualone
g. opiates h. phencyclidine
i. propoxyphene
j. other drugs that may be determined to reduce work efficiency
Medical review officer (MRO) is a North Carolina-licensed physician with specific training in the area of substance abuse. The medical review officer not only has
knowledge of substance-abuse disorders, but also has been trained to interpret and
evaluate laboratory test results in conjunction with an employee’s medical history. The
medical review officer verifies a positive drug test result by reviewing a laboratory report
and an employee’s unique medical history to determine whether the result was caused by the use of prohibited drugs or by an employee’s medical condition.
Negative, with respect to the results of a drug test, means a test result that does not show
presence of drugs at a level specified to be a positive test.
Negative, with respect to the results of an alcohol test, means a test that indicates a breath
alcohol concentration of less than 0.02.
On call means being subject to a call to report immediately to work for Person County
Government. On duty means when an employee is at the workplace, performing job duties, on call, or
during any other period of time for which he or she is entitled to receive pay from Person
County Government.
Other substance means any substance that has the potential to impair appreciably the
mental or physical function of a person who does not have an unusual or extraordinary
reaction to such substance.
January 19, 2010 32
Pass a drug test means that the result of a drug test is negative. The test either:
a. showed no evidence or insufficient evidence of a prohibited drug or drug
metabolite, or
b. showed evidence of a prohibited drug or drug metabolite but there was a legitimate medical explanation for the result as determined by a certified
medical review officer.
Pass an alcohol test is a negative alcohol test. The test showed no evidence or
insufficient evidence of a prohibited level of alcohol.
Positive, with respect to the results of a drug test, means a laboratory finding of the
presence of a drug or a drug metabolite in the urine or blood of an employee at the levels
identified by the Substance Abuse and Mental Health Services Administration
(SAMHSA), or for drugs not subject to SAMHSA guidelines, at the levels identified by Person County Government; all positive tests will be confirmed using a different
technology than was used for the first test, such as the gas chromatography/mass
spectrometry (GC/MS) process.
Positive, with respect to the results of an alcohol test, means the presence of alcohol in an employee’s system at the 0.04 level or greater.
Pre-placement testing is testing conducted on a current County employee prior to his or
her being promoted, transferred, or demoted into a safety-sensitive position.
Qualified negative, with respect to the results of a drug test, means a test in which the
lab result is consistent with legal drug use.
Random testing is testing conducted on an employee assigned to a safety-sensitive
position and is chosen by a method that provides an equal probability that any employee from a group of employees will be selected.
Reasonable suspicion exists when a supervisor, utilizing the guidelines for determining
“Reasonable Suspicion” as shown in attachment “B”, to substantiate specific
contemporaneous, articulable observations concerning appearance, behavior, speech, or body odor or other physical indicators of probable drug or alcohol use. By way of
example and not limitation, any one or a combination of the following may constitute
reasonable suspicion:
a. slurred speech
b. the odor of marijuana or alcohol about the person c. inability to walk a straight line
d. an accident resulting in damage to property or personal injury
e. physical altercation
f. verbal altercation
January 19, 2010 33
g. behavior that is so unusual that it warrants summoning a supervisor or
anyone else in authority (i.e., confusion, disorientation, lack of
coordination, marked personality changes, irrational behavior)
h. possession of drugs i. verifiable information obtained from other employees based on their
observations
j. arrests, citations, and deferred prosecutions associated with drugs or
alcohol
Refuse to submit means that an employee (1) fails to provide adequate breath for testing
without a valid medical explanation after he or she has received notice of the requirement
for breath testing, (2) fails to provide adequate urine for controlled substances testing
without a valid medical explanation after he or she has received notice of the requirement
for urine testing, (3) refuses to sign the breath alcohol confirmation test certification, or (4) engages in conduct that clearly obstructs the testing process. An employee subject to
the post-accident testing requirements of the DOT who unnecessarily leaves the scene of
an accident before a required test is administered or fails to remain readily available for
testing may be deemed to have refused to submit to testing.
Safety-sensitive position means a position will be designated safety sensitive only where
Person County Government has a compelling need, on the basis of safety concerns, to
ascertain on-the-job impairment on the part of employees who hold the position. Such a
compelling need may arise where the duties of a position create, or are accompanied by,
such a great risk of injury to other persons or to property of such magnitude that even a momentary lapse of attention, judgment, or dexterity could have disastrous consequences.
Examples of these positions include:
a. Positions (full time; part time; temporary; or contract) requiring the use of
weapons (or potential use of weapons) or the operation of vehicles,
machinery, or equipment as a primary task (does not include routine office equipment) and other public safety personnel.
b. Positions requiring the handling of hazardous materials, the mishandling of
which may place the employee, fellow employees, or the general public at risk
of serious injury, or the nature of which would create a security risk in the
workplace. c. Positions where the incumbent’s mental fitness is required to prevent
immediate injury to the public or to fellow employees, or to himself or herself.
d. Positions working with youth/children and/or are required to drive clients.
e. Other positions as determined on a case-by-case basis by the County Manager.
Federally Required Position Coverage (FTA Safety Sensitive): Federal drug and alcohol
testing regulations apply to an employee who: a) Operates a commercial motor vehicle
and is subject to the commercial driver’s license (CDL) requirement. b) Performs or
supervises the performance of certain functions related to mass transit.
January 19, 2010 34
Substance abuse professional means a licensed physician (medical doctor or doctor of
osteopathy), or a licensed or certified psychologist, social worker, employee assistance
professional, or addiction counselor (certified by the National Association of Alcoholism
and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of both drug- and alcohol-related disorders.
Supervisor, in general, means any employee who has the authority to direct the job
activities of one or more other employees. With respect to a particular employee, the
term means such employee’s immediate supervisor and all persons having indirect supervisory authority over such employee.
Unannounced follow-up testing is testing conducted on an employee on a periodic,
unannounced basis, following his or her return to work from an approved drug or alcohol
rehabilitation program. Workplace means the location or facility where an employee may be expected to
perform any task related to the requirements of his or her job. This includes break rooms
and restrooms, outdoor worksites, or personal vehicles (while personal vehicle is being
used for Person County Government business), computer work stations, conference rooms, hallways, private offices, open/partitioned work areas, public contact/customer
service/medical services areas, and parking lots.
Reasonable Suspicion Testing (All Employees)
Reasonable suspicion testing is performed when supervisors, department heads, or County officials have reasonable suspicion to believe that an employee’s behavior or appearance may indicate he/she may be under the influence of or has recently used
alcohol or controlled substances. The determination to test for reasonable suspicion must
be based on the following:
• first hand observations seen or heard by supervisors or department heads
• specific, clearly stated observations concerning the appearance, behavior, speech
or body odor of the employee (See Attachment B)
• observations made just before, during or just after the performance of job duties
Supervisors, department heads, or County officials have the right and responsibility to
require an employee to submit to controlled substances or alcohol testing when
reasonable suspicion is present.
Reasonable suspicion alcohol testing should be done within 2 hours of the observed
behavior or appearance. If a test cannot be done within 8 hours, it should not be done. A
reasonable suspicion controlled substance test should be done no later than 32 hours from
the observed behavior or appearance. If a reasonable suspicion test cannot be conducted within the specified time frame, the reasons for the failure to test should be documented
by the supervisor and given to the Human Resources Director. Further observation is
required.
January 19, 2010 35
An employee who is asked to submit to reasonable suspicion testing will be driven to the
testing site and will be placed on a non-disciplinary suspension pending the test results.
An employee who refuses to submit to reasonable suspicion testing or avoids meeting the
time requirements identified will be subject to dismissal. Post Accident Testing (All Employees) Post-accident testing is conducted following any accident involving an employee if any
one of the following conditions is met:
• Estimated property damage of $500.00 or more.
• An individual suffers bodily injury and receives medical treatment away
from the scene.
• When the driver is issued a citation by law enforcement officers or is at fault.
• A workers compensation report must be filed
If an alcohol and/or controlled substance test is administered by law enforcement, Person County will not duplicate testing. Post-accident alcohol testing should be done within 2 hours of the accident. If the test
cannot be performed within 8 hours, it should not be done. Post-accident controlled
substances testing must be performed within 32 hours of the accident, or it should not be
done. If the tests cannot be performed in the specified time frame, the reasons for the failure to test should be documented by the supervisor and given to the Human Resources Director.
As soon as practical after an accident, the employee will be driven to the specimen
collection location. Transportation will be provided. An employee who is required to submit to post-accident controlled substances or alcohol testing will be placed on
administrative leave with pay pending test results.
An employee who refuses to be tested or avoids meeting the specified time limits will be
subject to dismissal. If unable to meet specified timelines due to circumstances beyond the employee’s control, such circumstances must be documented and validated to the
Human Resources Director and the County Manager.
Pre-employment Testing After an offer of employment has been made to the final candidate, the Human Resources
Director directs the applicant to the drug testing collection site and receives notification
of the test result. Applicants are not eligible to begin work until the Human Resources
Director receives the negative test result. If someone is already employed by the County,
he/she is required to submit to a pre-employment test only if he/she is moving into a safety sensitive position from a position that is not safety sensitive.
January 19, 2010 36
Return-to-Duty and Follow-Up Testing Return-to-duty and Follow-up testing is required for any employee who has violated this
policy and is returning to work on the recommendation of the substance abuse
professional. Return-to-duty testing must be conducted prior to the employee returning to work. Follow-up testing is required for any employee who has violated this policy and
has successfully completed a return-to-duty test. Employees who fall into either one of
these situations will be subject to at least 6 unannounced follow-up tests within the first
year back on the job. Follow-up testing can be performed for up to 5 years after return to
work. Any employee who tests positive on a return to duty or follow-up test shall be dismissed.
Controlled Substances Testing Information
Alcohol Tests A breath alcohol level of 0.04 or higher on a breathalyzer administered by a certified
Breath Alcohol Technician is considered a positive alcohol test. A positive test result
while on work time or work premises, or in county vehicles, will result in disciplinary
action up to and including dismissal.
A breath alcohol level of 0.02 or greater requires a confirmation test. Confirmation test
are completed no sooner than 15 minutes after the initial screening test, but no later than
20 minutes of that test. If the screening and confirmation tests are not the same, the
confirmation test is deemed to be the final result. If the BAT reading is between 0.02 and
0.039 the employee must be removed from the work place for a 24-hour period (8 hours of work time).
Drug Tests
All drug tests require an employee to provide a urine specimen for urinalysis at an
approved medical facility or for randoms the location will be advised at that time. The collection, analysis and reporting processes are strictly controlled to ensure accuracy of
test results and maximum confidentiality.
Every urine specimen undergoes an initial screen followed by a confirmation test for all
positive screen results. Any confirmed positive test result is reviewed and interpreted by a Medical Review Officer (MRO). The MRO will contact the employee to ensure no
factors exist that may have influenced the outcome of the testing process prior to
transmission of the results to the County. The MRO is responsible for confirming test
results. Test results will be provided to the Human Resource Director and test results will
be revealed only to those persons authorized as having an established need for the information. A confirmed positive test result will subject the employee to disciplinary
action, up to and including dismissal. The employee cannot return to job duties until
he/she has been evaluated by a substance abuse professional, completed the treatment
recommendations, and produced a negative return to duty test.
The employee will be notified in writing of a confirmed positive test result.
January 19, 2010 37
All cost of testing, with the exception of return to work or follow-up testing, will be the
responsibility of Person County Government. Cost of Return to work or follow-up testing
will be the responsibility of the employee. Refusal to Test An employee’s refusal to consent to testing as authorized under this policy will result in
immediate termination.
Impairment or other behavior off the job
Any employee whose job duties require operation of a motorized vehicle, hazardous
machinery or use of hazardous materials who is CHARGED with a controlled substances
or alcohol related offense (including DWI) must notify the appropriate supervisor or
department head within one work day of arrest, arraignment or indictment. Any
employee who is required to have a driver’s license for the performance of their job duties will be placed in disciplinary suspension without pay status until their license is
returned after the automatic ten-day revocation. An employee’s failure to notify his/her
supervisor or department head may result in disciplinary action, up to and including
dismissal. Under no circumstances will an employee operate a county vehicle or
equipment without a valid operator’s license.
Any employee CONVICTED or who is granted deferred prosecution of a controlled
substances or alcohol related offense must notify the appropriate supervisor or
department head within one work day of conviction. Failure to notify management may
result in disciplinary action, up to and including dismissal. If an employee’s job functions require an operator’s license and the employee’s operator’s license is revoked,
the employee shall be subject to disciplinary action, up to and including dismissal.
Failure to notify the supervisor or department head of any revocation shall result in
disciplinary action, up to and including dismissal.
Any employee convicted of an off the job controlled substances or alcohol related offense
which could directly, or indirectly, affect his/her credibility or ability to carry out
effectively the duties and responsibilities of his/her position with Person County
Government , shall be subject to review by the County Manager and possible disciplinary
action, up to and including dismissal.
January 19, 2010 38
Voluntary Referrals for Assistance
An employee who has a drug or alcohol problem is encouraged to seek assistance from
the County’s Employee Assistance Program (EAP). EAP visits are provided as a County
benefit and are confidential. Any permanent employee who seeks voluntary assistance and requires leave time to participate in a treatment program will be granted sick leave,
leave without pay or Family Medical Leave.
Mandatory Referrals for Assistance
An employee who has tested positive for drugs or alcohol and is not dismissed may be
required as a condition of continued employment to undergo a drug and alcohol assessment and participate in a treatment program as recommended by the assessing agency.
Person County Government respects the right of any employee to refuse assistance for a
drug or alcohol problem. However, the County maintains the right and responsibility for taking disciplinary action regarding inadequate job performance and for protecting the public’s safety.
January 19, 2010 39
Attachment A
Safety Sensitive Positions
General Policy Unannounced random testing will be completed on a certain percentage of employees
whose positions have been deemed safety sensitive. Employees in safety sensitive
positions have a special responsibility to maintain physical and mental fitness for duty at
all times while on the job. The simple random sample method is used and all names of the employees holding safety sensitive positions are entered into the pool for random
selection. Employees whose names are randomly selected from the pool must be tested
just before, during or just after performing job responsibilities. Person County
Government contracts with a third party administrator to generate the random test list and
the Human Resources Director coordinates the random tests.
The following positions are considered safety sensitive and thus subject to random drug
testing. Any County position is subject to reasonable suspicion testing. Other positions
may be added to this list of safety sensitive positions at any time due to the nature of job
assignments or deleted because the assignments of a particular position within a job title that do not fit the safety sensitive criteria.
Under County policy, positions defined as safety-sensitive are:
Safety-sensitive position means a position will be designated safety sensitive only where Person County Government has a compelling need, on the basis of safety concerns, to
ascertain on-the-job impairment on the part of employees who hold the position. Such a
compelling need may arise where the duties of a position create, or are accompanied by,
such a great risk of injury to other persons or to property of such magnitude that even a
momentary lapse of attention, judgment, or dexterity could have disastrous consequences. Examples of these positions include:
a. Positions (full time; part time; temporary; or contract) requiring the use of
weapons (or potential use of weapons) or the operation of vehicles,
machinery, or equipment as a primary task (does not include routine office
equipment). b. Positions requiring the handling of hazardous materials, the mishandling of
which may place the employee, fellow employees, or the general public at risk
of serious injury, or the nature of which would create a security risk in the
workplace.
f. Positions where the incumbent’s mental fitness is required to prevent immediate injury to the public or to fellow employees, or to himself or herself.
c. Positions working with youth/children and/or to required to drive clients
d. Other positions as determined on a case-by-case basis.
January 19, 2010 40
Safety-Sensitive Positions:
Assistant County Manager Animal Control Officer
Information Technology Director Transit Specialist Network Administrator Transportation Director
Web and User Support Tech GIS Analyst
Webmaster/PC Consultant District Technician
Tax Administrator Recreation Program Supervisor
Public Works Director Building/Parks Maint. Mechanic Public Works Safety Officer Parks and Recreation Director
Custodian Park Supervisor
Building Supervisor Cultural Arts Program Supervisor
Building Maintenance Technician Athletic Supervisor
Building Maintenance Mechanic Park Ranger Grounds Maintenance Worker Athletics Adm. Support Spec.
Grounds Supervisor Athletic Recreation Specialist
Sheriff Community Health Technician
Chief Deputy Sheriff Social Worker I, II, III
Deputy Sheriff Commander Public Health Nurse Supervisor I Detention Center Administrator Public Health Nurse I,II,III
Deputy Sheriff Unit Supervisor Social Work Supervisor II
Deputy Sheriff Special Assignment Processing Asst. IV
Deputy Sheriff Division Supervisor Office Assistant III
Deputy Sheriff Processing Assistant III Senior Detention Officer Accounting Tech. II
Administrative Services Supervisor Public Health Educator II
Telecommunicator Physical Therapist Asst. II
Detention Administrative Officer Health Director
Detention Center Operations Manager PHN III/PHPR Coordinator Detention Shift Supervisor Nutritionist III and II
Detention Officer Foreign Language Inter. II
Fire Marshal/Telecommunications Director Med. Lab. Tech II and I
Fire Inspector Clinical Chaplain
Telecommunications Supervisor Environmental Health Specialist Telecommunications Technology Specialist Environmental Health Prog. Spec.
Telecommunicator/EMD Environmental Health Supvr I
Building Codes Administrator Library Director
Senior Code Enforcement Officer Assistant to Library Director
Code Enforcement Officer Librarian Emergency Management & Medical Services Director Library Tech
Emergency Medical Services Manager Library Associate
EMT-Paramedic Shift Supervisor Library Associate/Outreach Coor.
EMT-Paramedic Training Officer Income Maint. Investigator I
EMT-Paramedic Assistant Shift Supervisor Social Worker IAT EMT-Paramedic,Intermediate & Basic Community SS Asst.
January 19, 2010 41
Animal Control Manager Prod/Maint Tech
Animal Shelter Assistant Job Coach
Program Manager Work Adj. Coord.
Program Specialist Field Supervisor Habilitation Assistant Person Industries Director
Production Manager Van Driver
Truck Driver Forklift Operator
Senior Appraisal Technician Property Revaluation Manager
Contract employees who work with children
January 19, 2010 42
Attachment B
Guidelines for Determining “Reasonable Suspicion”
“Reasonable suspicion” is defined as the belief, based on the totality of the
circumstances, that an employee or applicant is using or has used drugs or alcohol in
violation of the County’s policy. This belief will be based upon specific and objective
facts and reasonable inferences.
By themselves, the factors below may not be indicative of a problem with drugs or
alcohol; however, with strong individual evidence or in combination of several factors,
the following may be considered in determining the presence of reasonable suspicion:
1. Direct observation of drug use and/or the physical symptoms or manifestations of
being under the influence of a drug (e.g., slurred speech, odor of alcohol beverage
on body or breath, incoherence, loss of coordination, etc.) while at work.
2. Abnormal conduct or erratic behavior while at work such as deterioration in work
performance, or participation in physical or verbal altercation, under suspicious conditions (as in 1, above).
3. Information from a reliable and credible source or evidence that an employee may
be or have been impaired in the performance of his or her duties by recent abuse
of alcohol or illegal drugs, whether on or off the job. Attempts should be made to
independently corroborate this information. (The Police Department should be contacted in these circumstances, to determine whether there are state or federal
legal implications.)
4. Evidence that an employee or applicant has tampered with his/her alcohol or drug
test or has attempted to compromise the test sample or the testing process.
(Evidence of tampering with or attempting to compromise the test will be considered a positive test and will be grounds for termination.)
Supervisors should be alert to the conduct and job performance of an employee based on
the supervisor’s long-term knowledge of the employee. In combination with
observations of current/contemporaneous conditions, the following may alert the supervisor to be watching for signs of substance abuse:
• A prior history of confirmed substance abuse by the employee during the period
of County employment, such as recent convictions of driving while impaired. (Prior history shall not be considered sufficient on its own to constitute reasonable suspicion or present violation of the County’s policies.)
• A pattern of excessive absenteeism, tardiness, or deterioration in work
performance.
• A pattern of unexplained and unusual vehicle or personal accidents or injuries on or off the job.
January 19, 2010 43
Random Drug Testing
STANDARD PROCEDURE
PERSON COUNTY GOVERNMENT ADMINISTRATIVE MANUAL Purpose:
To provide a standard procedure for supervisors and employees to follow for the random
drug testing.
Policy: This standard procedure falls under the Drug and Alcohol Policy effective upon adoption.
General Procedure: 1. The Human Resources Director will receive the list of employees selected for random
testing from Safe-T-Works, Inc.
2. The Human Resources Director will notify the department heads of effected employees
who are chosen for random testing. Department heads will notify employees.
3. Generally, testing will be conducted at the Person County Office Building 2nd floor.
The employee proceeds to the collection site immediately upon being notified. Failure to
complete the test as scheduled will result in disciplinary action, up to and including
dismissal, unless there is a certified medical reason for not completing the test. Any attempt to alter or manipulate the specimen, control forms, or the testing process will be
treated as if a positive test result was obtained.
4. Safe-T-Works, Inc. will contact the Human Resources Director to provide the test
results.
5. If the test results are positive, the Human Resources Director will contact the
department head and County Manager to inform them of the results and initiate
disciplinary action. Test results are not official until received from the Human Resources
Director. If the test results are negative, the Human Resources Director will document the results. If the alcohol test result is .02 through .0399, the Human Resources Director
will document the result and will notify the department head and County Manager. The
employee will be placed on disciplinary suspension without pay for 24 hours (8 work
hours). Other disciplinary action may result depending on the history and circumstances
of the test and employee.
6. The Human Resources Director will compile and maintain all required records.
January 19, 2010 44
Reasonable Suspicion – Drug Testing STANDARD PROCEDURE
PERSON COUNTY GOVERNMENT ADMINISTRATIVE MANUAL Purpose: To provide a standard procedure for supervisors to follow when they have reasonable
suspicion that a department employee may be under the influence of drugs or alcohol.
Policy: This standard procedure falls under the Drug and Alcohol Policy effective upon adoption.
General Procedure:
1. The supervisor, department head, or County official will, upon reasonable suspicion of controlled substances abuse or alcohol misuse, talk with the employee about his/her
behavior and advise him/her that he/she does not appear to be “ready for duty”. Point out
the behaviors that concern you. Do not accuse him/her of controlled substances abuse or
alcohol misuse. It is advisable to have a “third party” (Human Resources Director,
department head, or County Manager) as a witness to the conference. Utilize behavioral indicators which consist of what the witness sees the employee do, hears the employee
say, or any changes in the employee’s appearance or body odor. Personnel should feel
free to seek guidance from the Human Resources Director and the EAP.
2. The supervisor, department head, or County official will transport the employee to a collection site to have the appropriate testing completed.
3. The supervisor, department head, or County official will assist the employee in
making arrangements to have someone else drive him/her home following the testing. A
suspected controlled substance user or alcohol abuser should not drive him/herself home. If he/she refuses to allow someone else to drive, explain that you will notify the proper
authorities that he/she is possibly impaired and should not be driving.
4. The supervisor, department head, or County official should document the incident.
The documentation shall be done immediately and no later than 24 hours after the events leading up to and including action taken by the supervisor, department head or County
official. Include date, time and specific behaviors observed. Forward this documentation
to the Human Resources Director in a sealed envelope marked confidential.
5. The collection site will contact the Human Resources Director to provide the test results. While the County is awaiting test results, the employee will be placed on
administrative leave without pay.
January 19, 2010 45
6. If the test results are positive, the Human Resources Director will contact the
department head and County Manager to inform them of the results and initiate
disciplinary action. Test results are not official until received from the Human Resources
Director.
If the test results are negative, the Human Resources Director will document the test
results and immediately contact the department head who will notify the employee to
return to work immediately. Upon employees return to work following administrative
leave, pay will be reinstated at that time. The successful completion of a controlled substance and alcohol test does not bar any other disciplinary or administrative actions
deemed appropriate by the supervisor or department in relation to the incident. The
Human Resources Director will compile and maintain all required records.
Adopted by Person County Board of County Commissioners
January 19, 2010
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January 19, 2010 46
BUDGET AMENDMENT: Finance Director, Amy Wehrenberg thanked the Board for the recognition given
her and office earlier. Ms. Wehrenberg presented and explained the following Budget
Amendment.
Upon a motion by Commissioner Clayton, and a second by Commissioner Jeffers
and majority vote, the Board of Commissioners of Person County does hereby amend the
Budget of the General Fund(s) on this, the 19th day of January 2010, as follows:
Dept./Acct No. Department Name Amount Incr / (Decr)
EXPENDITURES General Fund Public Safety 13,750 Human Services 49,454 REVENUES General Fund Other Revenues 125 Intergovernmental Revenues 56,204 Fund Balance Appropriated 6,875
Appropriate: Bulletproof Vest Grant awarded to the Sheriff's Department by the Department of Justice ($6,875). This requires a 50/50 county match which will be funded from fund balance appropriation ($6,875) in the Law Enforcement Restricted Fund. DSS
received a donation ($125) and a program adjustment in the Crisis Intervention Program
($49,329).
CHAIRMAN’S REPORT: Chairman Lunsford stated a County/City sponsored Blood Drive will take place
on Friday, January 22, 2010 in the County Auditorium and encouraged participation.
Chairman Lunsford warned the group about scams for collections for the Haiti Relief. Chairman Lunsford encouraged participation in the 2010 Census Drive and the importance of funding associated with the census count. Chairman Lunsford also
mentioned the healthcare status of Person County related to gang activities with
prevention efforts relying on the faith based community.
MANAGER’S REPORT: County Manager, Heidi York stated she had obtained the following possible dates
for the joint meeting with Durham County: Monday, February 8, 2010 or Monday,
February 22, 2010 noting Durham County normally schedules joint session meetings at 4:00 to 6:00 p.m., prior to their regular scheduled meetings. It was the consensus of the board to confirm the February 8, 2010 date to meet in joint session with the Durham
County Board of Commissioners to be held in the Durham County Board Chambers.
January 19, 2010 47
Ms. York stated she would need to provide department heads with directions
related to the upcoming budget preparations for the 2010-2011 Fiscal Year.
A motion was made by Commissioner Kennington , seconded by Commissioner
Puryear, and carried to instruct the County Manager to prepare and submit the County
Budget for 2010-2011 Fiscal Year with no proposed tax increase and with the budget
balanced.
COMMISSIONER REPORT/COMMENTS:
Commissioner Clayton stated that the County had met with Mr. Jim Wrenn, the
attorney working for Granville County on the watershed proposed rules issue noting that he and the County Attorney, Ron Aycock had requested his services on the behalf of
Person County. Mr. Wrenn and Mr. Glen Dunn, another attorney working on this issue
on behalf of Granville County has agreed to represent Person County in their joint efforts
provided their present clients, City of Butner, Granville County, South Granville Water
and Sewer Authority do not object. If approved, Person County would be charged one-fourth of the billing costs. Commissioner Clayton stated he appeared before City
Council to recommend their interest being represented and served as well. Commissioner
Clayton noted he would be attending an Upper Neuse River Basin Association meeting
on Wednesday, January 20, 2010 and encouraged attendance by anyone interested.
Commissioner Jeffers stated he represented Person County and delivered the
county’s Proclamation to partner in the 2010 Census at the opening of the Durham
Census Office as well as attend an interview with Person County Cooperative Extension
Office staff for consideration of a $30,000 grant opportunity to use for a new Farmer’s
Market.
Commissioner Puryear stated the federal government pushed back the date for the
grant award related to the broadband stimulus funding grant application. Commissioner
Puryear noted his Person Future’s Economic Development Committee would be meeting
on Wednesday, January 20, 2010.
Commissioner Kennington announced all Person Future’s Strategic Planning
Committees will be meeting jointly on February 22, 2010 at 7:00 p.m. at the Piedmont
Community College Vocational Technical Education Building to give a progress report.
Commissioner Kennington stated Senator Ellie Kinnaird, in her December 22, 2009 letter to her constituents recognized Person County and Person Industries’ state-of-the-art
materials recovery facility. Commissioner Kennington the County Manager to add the
following two items to the Board Retreat agenda for discussion: 1) Bid Process and 2)
Surplus Property.
January 19, 2010 48
CLOSED SESSION:
A motion was made by Commissioner Puryear , seconded by Commissioner
Jeffers , and carried to go into Closed Session pursuant to G.S. 143-318.11(a)(5) to discuss land acquisition as well as to go into Closed Session pursuant to G.S. 143-318.11(a)(6)
to discuss personnel at 11:42 a.m. Chairman Lunsford announced a recess for a break prior going
into Closed Session.
A motion was made by Commissioner Puryear, seconded by Commissioner
Jeffers, and carried to return to open session at 1:14 p.m.
A motion was made by Commissioner Clayton, seconded by Commissioner
Jeffers, and carried to direct the County Manager to rewrite the Economic Development
Director job description and submit to the Board for review.
ADJOURNMENT:
A motion was made by Commissioner Puryear, seconded by Commissioner
Jeffers, and carried to adjourn the meeting at 1:16 p.m.
_____________________________ ______________________________
Brenda B. Reaves Johnny Myrl Lunsford
Clerk to the Board Chairman