Agenda Packet November 20 2017PERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
MEETING AGENDA
304 South Morgan Street, Room 215
Roxboro, NC 27573-5245
336-597-1720
Fax 336-599-1609
November 20, 2017
9:00am
(Meeting to be held in the County Office Building Auditorium)
CALL TO ORDER………………………………………………. Chairman Kendrick
INVOCATION
PLEDGE OF ALLEGIANCE
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
RECOGNITION OF LOCAL GOVERNMENT DAY ….. Welcome & Introductions
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 October 16, 2017,
B. Budget Amendment #8,
C. Review and Adoption of the Person Area Transportation System Drug and
Alcohol Testing Policy and the Title VI Program Plan,
D. Consideration of Approval of Late Exemption Applications, and
E. Tax Adjustments for November 2017
a. Tax Releases
b. NC Vehicle Tax System pending refunds
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UNFINISHED BUSINESS:
NEW BUSINESS:
ITEM #2
Woodsdale Community Complaints About Blasting ……….... Commissioner Jeffers
ITEM #3
VFD Funding …………………………. Sybil Tate, Martin Rimmer & Wayne Wrenn
ITEM #4
Ambulance Franchise Applicant ……………………………………… Douglas Young
ITEM #5
Person County Government Personnel Policy Proposed Revisions ……... Heidi York
ITEM #6
Government Facilities Fiber Bid Response and Contract ………………… Sybil Tate
ITEM #7
Potential Opioid Litigation ……………………………………………….. Ron Aycock
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
CLOSED SESSION #1
A motion to enter Closed Session per General Statute 143-318.11(a) (3) to consult
with an attorney and General Statute 143-318.11(a) (5) to establish, or to instruct
the public body's staff or negotiating agents concerning the position to be taken by
or on behalf of the public body in negotiating the price and other material terms of a
contract with the following individuals permitted to attend: County Manager, Heidi
York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, and
Assistant County Manager, Sybil Tate.
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate
by the Board.
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PERSON COUNTY BOARD OF COMMISSIONERS OCTOBER 16, 2017
MEMBERS PRESENT OTHERS PRESENT
Tracey L. Kendrick Heidi York, County Manager
Gordon Powell C. Ronald Aycock, County Attorney
Jimmy B. Clayton Brenda B. Reaves, Clerk to the Board
Kyle W. Puryear
B. Ray Jeffers
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, October 16, 2017 at 9:00am in the Commissioners’ meeting
room in the Person County Office Building.
Chairman Kendrick called the meeting to order. Vice Chairman Powell gave an
invocation and Commissioner Clayton led the group in the Pledge of Allegiance.
County Attorney, Ron Aycock joined the meeting via telephone conference call.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
agenda.
RECOGNITION:
RESOLUTION OF APPRECIATION:
Chairman Kendrick read and presented a Resolution of Appreciation to Person
County Retiree, Elaine Hughes.
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PUBLIC HEARING:
FY2019 COMMUNITY TRANSPORTATION PROGRAM GRANT
APPLICATION:
A motion was made by Vice Chairman Powell and carried 5-0 to open the duly
advertised public hearing for a request to submit an application for the FY2019 Community
Transportation Program Grant.
Person Area Transportation System Transit Manager, Kathy Adcock requested
Board consideration to approve the FY2019 Community Transportation Program Grant
Application to be submitted to the NCDOT for Administration and Capital Budget requests
for the operation of the Transportation Department with the assistance of local funds. She
presented a Public Transportation Program FY2019 Resolution and explained the FY2019
Local Share Certification for Funding noting the requested fund amounts as follows:
PERSON COUNTY
Requested Funding Amounts
Project Total Amount Local
Share______
Administrative $ 189,504 $ 28,426
(15%)
5311 Operating (No State Match) $ $
(50%)
5310 Operating (No State Match) $ $
(50%)
5307 Operating $ $ (50%)
5307 Planning $ $ (20%)
Capital $ 121,000 $ 12,100 (10%)
Mobility Management $ $
(10%)
Funding programs covered are 5311, 5310, 5339 Bus and Bus Facilities, 5307 (Small fixed route,
regional, and consolidated urban-rural systems)
TOTAL $ 310,504 $ 40,526
Total Funding Requests Total Local Share
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The Local Share is available from the following sources:
Source of Funds Grant Applied To Amount
Local Funds Admin $ 28,426
Local Funds Capital $ 12,100
TOTAL $ 40,526
** Fare box revenue is not an applicable source for local share funding
There were no individuals appearing before the Board to speak in favor of or in
opposition to the request to submit an application for the FY2019 Community
Transportation Program Grant.
A motion was made by Commissioner Jeffers and carried 5-0 to close the public
hearing for a request to submit an application for the FY2019 Community Transportation
Program Grant.
CONSIDERATION TO GRANT OR DENY REQUEST TO SUBMIT AN
APPLICATION FOR THE FY2019 COMMUNITY TRANSPORTATION
PROGRAM GRANT:
A motion was made by Commissioner Jeffers and carried 5-0 to approve the
request to submit an application to the NCDOT for the FY2019 Community Transportation
Program Grant and the FY2019 Public Transportation Program Resolution as presented.
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INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Ms. Frances Blalock of 1504 Surl Mt. Tirzah Road, Timberlake advocated for the
transfer station option for the county’s solid waste solution and for the Board to choose the
safety and health of its citizens instead of money. She referred to House Bill 56 and read
the following: “If the unit of local government is a party to an exclusive franchise
agreement, to which Person County is, with a private entity governing the management of
disposal of waste within the jurisdiction in effect on September 1, 2017, the unit of local
government shall adopt and enforce such an ordinance until the date such franchise has
expired.” Ms. Blalock stated nothing in section 17 in this bill shall be construed to impact
the terms of contract, franchise agreement or other agreement between the unit of local
government and another entity concerning the management of solid waste or the financing
of such services or related facilities or equipment in effect on the date this section becomes
law. Ms. Blalock summarized that this bill does not apply to Person County at this time or
can change the terms of the current agreement with Republic because it was in effect on
the date this bill became law. Ms. Blalock stated the bill addresses new county owned
landfills, not transfer station. She said Person County has until 2019 to solve the county’s
solid waste problems. Ms. Blalock asked Vice Chairman Powell to explain why he said
the transfer station was a moot point.
Ms. Betty Blalock of 144 Tirzah Ridge Rd, Rougemont told the Board she hoped
she lived long enough to see the monster landfill go away. She reported another death and
others diagnosed with cancer that live within the mile and a half of the landfill. Ms. Blalock
noted the many trash trucks on US158.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of October 2, 2017,
B. Budget Amendment #7,
C. Re-advertisement of fiber RFP, and
D. Tax Adjustments for the month of October 2017
a. Tax Releases
b. NC Vehicle Tax System pending refunds
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UNFINISHED BUSINESS:
ADDITIONAL MENTAL HEALTH FUNDING:
Assistant County Manager, Sybil Tate reminded the Board that Cardinal
Innovations refunded monies that were not spent in FY2017 for mental health services.
The total amount of the refund was $38,196. Ms. Tate stated the Board, at its October 2,
2017 meeting, had consensus for a funding option to include a program to address mental
health issues in the jail. Since then, the Sheriff gathered information from neighboring
counties about mental health programs in jails and has requested $20,000 for a pilot
program. In addition, staff has gathered feedback from the Health Department, EMS, the
court system, and community groups about the community’s mental health needs. Ms. Tate
presented the following funding option to be managed by the Health Department:
Mental Health counseling pilot in jails- $20,000
40 Naloxone kits and training for first responders- $3,500
Safe room at the hospital - $5,000
Drug Court - $9,696
TOTAL= $38,196
When asked about additional funding request from the Drug Court program, Ms.
Tate noted no written requests have been submitted however, at the Substance Abuse
Summit, a need was expressed for additional funding. Commissioner Jeffers noted how
Person Memorial Hospital diverts patients to Durham and suggested to take out the funding
for the safe room and put those funds toward the Drug Court program.
Sheriff Jones noted he did not know the intention of the hospital for a safe room,
but for officer and staff safety, he stated his preference for the safe room to remain a
funding priority using the additional mental health funding. Sheriff Jones explained that
once an officer takes an individual in custody into the hospital, they are no longer
considered in custody, but a patient under the treatment of hospital. Individuals with
mental health issues are often sedated to control the combative behavior for the safety of
staff and for treatment. In the meantime, the officers are standing by during the observation
period.
Ms. Tate stated she had spoken with the hospital CEO and other staff who have
expressed interest in the one-time funding for a safe room noting they would provide for
any additional costs that exceed the $5,000 for the required equipment and locking system.
Ms. Tate said a Memorandum of Agreement could be offered.
A motion was made by Commissioner Jeffers and carried 5-0 to approve the
additional Mental Health funding as presented with the understanding the $5,000 for the
safe room would be used for that purpose only.
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NEW BUSINESS:
SALE OF “OLD SENIOR CENTER” SURPLUS PROPERTY:
The Board of Commissioners approved a resolution to begin the upset bid process
for the “Old Senior Center” property. A public notice of sale was last advertised in the
Courier-Times on September 30, 2017 with bids due to the clerk by October 9, 2017 at
5:00pm.
Assistant County Manager, Sybil Tate updated the Board that the “Old Senior
Center” property highest upset bid was $3,000 from the Northern Piedmont Bible Institute
by its board member, Connie Dickens McCain. No new bids were received for the “Old
Senior Center” property,” so the highest bidder may purchase the property, with approval
by the Board of Commissioners.
Ms. Tate said the Board of Commissioners has the right to reject bids at any time;
however, should the Board decide to move forward with the sale of the “Old Senior Center”
property”, the clerk and county attorney can complete the purchasing process.
Ms. Tate asked the Board to authorize the Chairman to sign the appropriate
documents for the sale of the “Old Senior Center” surplus property to the Northern
Piedmont Bible Institute.
Ms. Tate told the group the sale of the “Old Hotel” surplus property was completed
last week.
Chairman Kendrick asked if the Northern Piedmont Bible Institute was already
located in Person County. Clerk to the Board, Brenda Reaves, told the group it was her
understanding that the Northern Piedmont Bible Institute was currently located in Person
County and they were looking for a larger facility for its group.
A motion was made by Commissioner Jeffers and carried 5-0 to approve the sale
of the “Old Senior Center” surplus property to Northern Piedmont Bible Institute for
$3,000 and to authorize the Chairman to sign the appropriate documents.
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IMPACT OF NEW LEGISLATION ON PERSON COUNTY SOLID WASTE:
County Attorney, Ron Aycock discussed the impact of new legislation on Person
County Solid Waste noting that earlier this month, the NC House and Senate voted to
override the Governor’s veto of House Bill 56. The bill, which is now law, was complex
and covered a wide-ranging number of topics - including a provision that the NC
Association of County Commissioners believes reduces local government control over its
solid waste. The County Attorney provided a memo detailing his legal analysis of how
this new legislation impacts Person County’s solid waste discussion.
Date: October 9, 2017
To: Board of Commissioners and Manager
Re: Effect of 2017 actions of the NC General Assembly relating to “flow control” and
“life of site permitting” on Person County solid waste program.
From: C. Ronald Aycock, County Attorney
Facts: Person County has an existing contract with Republic Services for operation of a
landfill in Person County and a franchise issued to Republic for such operation. The
franchise was extended by two years and is effective through June 30, 2019. The contract
which was for twenty years and may be extended for 10 additional years at the option of
the County has been extended for one year through July 1, 2018.
Among other provisions, the contract provides for a host fee to be paid to Person County
based upon usage which yields Person County in excess of $500,000 per year. It also
provides that Person County will use its “best efforts” to assure that waste from Person
County will be disposed of in the Republic facility. It further provides that waste will not
be accepted from certain jurisdictions (Raleigh and Durham) and will not be accepted from
areas 60 miles or more from the landfill.
The County is exploring its future options including the provision of a county transfer
station and the transfer of waste outside the county.
The 2017 General Assembly has enacted two provisions which impact the county options.
For convenience in identification I will designate those provisions as “flow control” and
“life of site” provisions.
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FLOW CONTROL PROVISION
The new law prohibits a county from requiring that all waste in a county go to a specific
site (flow control) except in very limited circumstances. For Person County that limited
circumstance means for the period of its existing franchise (until June 30, 2019). It is likely
then that if the County grants additional franchises to effectuate the remaining years (9) of
the contract extension that it may not be able to direct that all waste go to the Republic site.
There is no authority in the new law to direct the flow of Person County waste to a new
transfer station. This will have the likely effect of limiting the flow of waste to the proposed
new transfer station and may therefore affect its financial viability.
An additional likely effect of the new law is to limit the ability of the County to restrict the
receipt of waste from areas 60+ miles away, since to do so would limit the flow of waste.
This effect is not as clear as the prohibition on the direction of waste from within the
County, but is likely to be the effect of the law. The city has independent authority and
cannot be restricted as to where they send its waste.
Please note that the legislation still establishes a policy that a solid waste facility should
serve a specific geographic area, but prohibits a county from requiring that service.
The pertinent legislation is set out below:
“130A-294(b) In furtherance of this purpose and intent, it is hereby determined
and declared that it is necessary for the health and welfare of the inhabitants of the State
that solid waste management facilities permitted hereunder and serving a specified
geographic area shall be used by public or private owners or occupants of all lands,
buildings, and premises within the geographic area, and a unit of local government may,
by ordinance, require that all solid waste generated within the geographic area and placed
in the waste stream for disposal, shall be delivered to the permitted solid waste
management facility or facilities serving the geographic area. Actions taken pursuant to
this Article shall be deemed to be acts of the sovereign power of the State of North Carolina,
and to the extent reasonably necessary to achieve the purposes of this section, a unit of
local government may displace competition with public service for solid waste
management and disposal. It is further determined and declared that no person, firm,
corporation, association or entity within the geographic area shall engage in any activities
which would be competitive with this purpose or with ordinances, rules adopted pursuant
to the authority granted herein.
(c) Except as provided in subsections (d{REGIONAL SOLID WASTE
FACILITIES}) and (e)[CONSTRUCTION AND DEMOLITION MATERIALS MAY NOT
BE DIRECTED] of this section, a unit of local government may, by ordinance, franchise,
business license, contract, or otherwise, require that all solid waste generated within the
geographic area and placed in the waste stream for disposal be delivered to the permitted
solid waste management facility or facilities serving the geographic area only under one
of the following conditions:
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(1) If the unit of local government has debt associated with solid waste
management facilities and equipment outstanding on September 1,
2017, the unit of local government may adopt and enforce such an
ordinance until the date that such debt has matured.
(3) If the unit of local government is a party to an exclusive franchise
agreement with a private entity governing the management or disposal
of waste within the jurisdiction in effect on September 1, 2017, the unit
of local government may adopt and enforce such an ordinance until the
date that such franchise has expired.”
LIFE OF SITE
The new law provides that all new permits for solid waste facilities or transfer stations be
issued by the state for life of the site not to exceed 60 years. Life of site is defined to be
from inception of the permit until the facility reaches its permitted height. It is not clear
how the life of site for a transfer station would be determined. The legislation explicitly
provides that a life of site permit survives the expiration of its underlying franchise. But a
county may extend the old franchise under the same terms and conditions until the
expiration of the life of site permit. A franchise extended to match the life of site permit
period is not required to be enacted with a public hearing, deposit of materials, at the public
library, etc.
The original law requiring a franchise in order to apply for a permit, even a life of site
permit is retained.
Should the County elect to extend additional contract periods for the existing Republic
site, the likely effects are:
1- A franchise extension even for just a year is likely to afford Republic an
opportunity to apply for a new life of site permit from the state. If that occurs
Person County would be entitled to extend its franchise for life of site and
receive the same benefits (payments, etc., as is in the present contract).
2- If a new franchise is not enacted after June 30, 2018, Republic is not likely to be
able to secure a new permit for operation.
Mr. Aycock estimated the remaining life of site, which is a calculation of how much
space if left in the landfill before it is filled to capacity, at approximately 30 years.
Mr. Aycock said the state has requirements that it will impose through permitting
a facility, noting it is not automatic that a permit will be awarded the full 30-year period
but they would have the expectation to do so.
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The pertinent “life of site” legislation is set out below:
“"§ 130A-294. Solid waste management program.
(a2) Permits for sanitary landfills and transfer stations shall be issued for the life-of-site
of the facility unless revoked as otherwise provided under this Article or upon the
expiration of any local government franchise required for the facility pursuant to
subsection (b1) of this section. revoked. For purposes of this section, "life-of-site" means
the period from the initial receipt of solid waste at the facility until the Department
approves final closure of the facility. the facility reaches its final permitted elevations,
which period shall not exceed 60 years. Permits issued pursuant to this subsection shall
take into account the duration of any permits previously issued for the facility and the
remaining capacity at the facility.
(a3) In order to preserve long-term disposal capacity, a life-of-site permit issued for a
sanitary landfill shall survive the expiration of a local government approval or franchise.
In order to preserve any economic benefits included in the franchise, the County may
extend the franchise under the same terms and conditions for the term of the life-of-site
permit. The extension of the franchise hereby shall not trigger the requirements for a new
permit, a major permit modification, or a substantial amendment to the permit.
(b1) (1) For purposes of this subsection and subdivision (4) of subsection (a) of this
section, a "substantial amendment" means either:
(2) A person who intends to apply for a new permit for a sanitary landfill shall
obtain, prior to applying for a permit, a franchise for the operation of the sanitary landfill
from each local government having jurisdiction over any part of the land on which the
sanitary landfill and its appurtenances are located or to be located. A local government
may adopt a franchise ordinance under G.S. 153A-136 or G.S. 160A-319. A franchise
granted for a sanitary landfill shall (i) be granted for the life-of-site of the landfill, but for
a period not to exceed 60 years, and (ii) include all of the following:
a. A statement of the population to be served, including a description of the
geographic area.
b. A description of the volume and characteristics of the waste stream.
c. A projection of the useful life of the sanitary landfill.
d. Repealed by Session Laws 2013-409, s. 8, effective August 23, 2013.
e. The procedures to be followed for governmental oversight and regulation of the
fees and rates to be charged by facilities subject to the franchise for waste generated in the
jurisdiction of the franchising entity.
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f. A facility plan for the sanitary landfill that shall include the boundaries of the
proposed facility, proposed development of the facility site, the boundaries of all waste
disposal units, final elevations and capacity of all waste disposal units, the amount of waste
to be received per day in tons, the total waste disposal capacity of the sanitary landfill in
tons, a description of environmental controls, and a description of any other waste
management activities to be conducted at the facility. In addition, the facility plan
shall show the proposed location of soil borrow areas, leachate facilities, and all other
facilities and infrastructure, including ingress and egress to the facility.
(3) Prior to the award of a franchise for the construction or operation of a
sanitary landfill, the board of commissioners of the county or counties in which the sanitary
landfill is proposed to be located or is located or, if the sanitary landfill is proposed to be
located or is located in a city, the governing board of the city shall conduct a public
hearing. The board of commissioners of the county or counties in which the sanitary
landfill is proposed to be located or is located or, if the sanitary landfill is proposed to be
located or is located in a city, the governing board of the city shall provide at least 30 days'
notice to the public of the public hearing. The notice shall include a summary of all the
information required to be included in the franchise, and shall specify the procedure to be
followed at the public hearing. The applicant for the franchise shall provide a copy of the
application for the franchise that includes all of the information required to be included in
the franchise, to the public library closest to the proposed sanitary landfill site to be made
available for inspection and copying by the public. The requirements of this subdivision
shall not apply to franchises extended pursuant to subsection (a3) of this section.”
Mr. Aycock summarized by saying the new law needed to be intensely studied and
regulations issued.
Commissioner Jeffers asked how the new legislation would impact the transfer
station option through a contract for operation by a private entity and Mr. Aycock stated it
would not impact that option so long as it was understood that the transfer station could
receive waste without restriction.
Commissioner Jeffers asked if the County pursued negotiations with Republic that
the permit would be considered for life of site, or up to 60 years, to which Mr. Aycock
stated that was his understanding for any new state permit that would be issued for life of
site noting there were many requirements by the state that could impact the permit period
of time. Mr. Aycock posed the question if a new permit request would be viewed as a new
permit or only an amendment to the existing permit, something that is not clear in the new
legislation but to be worked out in the regulations by the state.
Mr. Aycock told the group that he, in his opinion, felt the County could
contractually limit daily tonnage, but warned the group that there were many unanswered
questions to be further researched and analyzed.
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CHAIRMAN’S REPORT:
Chairman Kendrick had no report.
MANAGER’S REPORT:
County Manager, Heidi York reported she was completing grant applications to
submit to Golden Leaf by October 20, 2017 on behalf of 1) Piedmont Community College
in the amount of $400,000 which was requesting an $80,000 local match and 2) the
Economic Development mega-site project. Ms. York stated she would be in touch with
the commissioners to discuss the local match amounts which are recommended to be at
20% for higher consideration.
COMMISSIONER REPORT/COMMENTS:
Commissioner Jeffers reported he was recently accepted the nomination to serve as
the chairman for the Telamon board, the nonprofit working for Person, Caswell and
Rockingham counties related to work force training. He noted there were current vacancies
on the Telamon board for the members of the community as well as low income housing
participants.
Commissioner Clayton commented that the NC Association of County
Commissioners had opposed House Bill 56 due to it taking away local government
authority and financially impacting local government and taxpayers.
Commissioner Puryear had no report.
Vice Chairman Powell reported that he attended several activities held in
observation for Race Unity Week; he commended the efforts of those that organized such
events.
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CLOSED SESSION #1
A motion was made by Commissioner Puryear and carried 5-0 to enter Closed
Session at 9:45am per General Statute 143-318.11(a) (3) to consult with an attorney and
General Statute 143-318.11(a) (5) to establish, or to instruct the public body's staff or
negotiating agents concerning the position to be taken by or on behalf of the public body
in negotiating the price and other material terms of a contract with the following individuals
permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves,
County Attorney, Ron Aycock (via telephone conference call), and Assistant County
Manager, Sybil Tate.
Chairman Kendrick called the Closed Session to order at 9:50am.
A motion was made by Commissioner Puryear and carried 5-0 to return to open
session at 10:14am.
ADJOURNMENT:
A motion was made by Commissioner Puryear and carried to adjourn the meeting
at 10:14am.
_____________________________ ______________________________
Brenda B. Reaves Tracey L. Kendrick
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
Public Safety 36,011
Human Services 38,196
Culture and Recreation 800
REVENUES General Fund
Intergovernmental 12,000
Other Revenues 63,007
Explanation:
BUDGET AMENDMENT
Receipt of damaged vehicle claims for Sheriff's department ($24,011); receipt of Homeland Security Program
Grant for Emergency Management ($12,000); reimbursement of unspent Mental Health funds from Cardinal
Innovations ($38,196); receipt of donation to Library ($800).
BA-8 19
AGENDA ABSTRACT
Meeting Date: November 20, 2017
Agenda Title: Review and Adoption of the Person Area Transportation System
Drug and Alcohol Testing Policy and the Title VI Program Plan
Summary of Information: NCDOT requires Transportation policies to be reviewed by the Board
of Commissioners for adoption. There are no changes in the Drug and Alcohol policy or the Title
VI Plan.
Recommended Action: Review the policies, adopt and authorize the Chairman to sign
Submitted By: Kathy Adcock, Transit Manager
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FTA Drug and Alcohol Testing Policy Page 1
DRUG AND ALCOHOL TESTING POLICY
PERSON AREA TRANSPORTATION SYSTEM
Adopted as of November 20, 2017
A. PURPOSE
1) The Person Area Transportation System provides public transit and
paratransit services for the residents of [Person County]. Part of our
mission is to ensure that this service is delivered safely, efficiently, and
effectively by establishing a drug and alcohol-free work environment, and
to ensure that the workplace remains free from the effects of drugs and
alcohol in order to promote the health and safety of employees and the
general public. In keeping with this mission, Person Area Transportation
System declares that the unlawful manufacture, distribution, dispense,
possession, or use of controlled substances or misuse of alcohol is
prohibited for all employees.
2) Additionally, the purpose of this policy is to establish guidelines to
maintain a drug and alcohol-free workplace in compliance with the Drug-
Free Workplace Act of 1988, and the Omnibus Transportation Employee
Testing Act of 1991. This policy is intended to comply with all applicable
Federal regulations governing workplace anti-drug and alcohol programs
in the transit industry. Specifically, the Federal Transit Administration
(FTA) of the U.S. Department of Transportation has published 49 CFR
Part 655, as amended, that mandates urine drug testing and breath
alcohol testing for safety-sensitive positions, and prohibits performance of
safety-sensitive functions when there is a positive test result. The U. S.
Department of Transportation (USDOT) has also published 49 CFR Part
40, as amended, that sets standards for the collection and testing of urine
and breath specimens.
3) Any provisions set forth in this policy that are included under the sole
authority of Person Area Transportation System and are not provided
under the authority of the above named Federal regulations are
underlined. Tests conducted under the sole authority of Person Area
Transportation System will be performed on non-USDOT forms and will be
separate from USDOT testing in all respects.
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FTA Drug and Alcohol Testing Policy Page 2
B. APPLICABILITY
This Drug and Alcohol Testing Policy applies to all safety-sensitive employees
(full- or part-time) when performing safety sensitive duties Person Area
Transportation System employees that do not perform safety-sensitive functions
may also be covered under this policy under the sole authority of Person Area
Transportation System. See Attachment A for a list of employees and the
authority under which they are included. A safety-sensitive function is operation
of public transit service including the operation of a revenue service vehicle
(whether or not the vehicle is in revenue service), maintenance of a revenue
service vehicle or equipment used in revenue service, security personnel who
carry firearms, dispatchers or persons controlling the movement of revenue
service vehicles and any other transit employee who operates a vehicle that
requires a Commercial Driver’s License to operate. Maintenance functions
include the repair, overhaul, and rebuild of engines, vehicles and/or equipment
used in revenue service. A list of safety-sensitive positions that perform one or
more of the above mentioned duties is provided in Attachment A. Supervisors are
only safety sensitive if they perform one of the above functions. Volunteers are
considered safety sensitive and subject to testing if they are required to hold a
CDL, or receive remuneration for service in excess of actual expense.
C. DEFINITIONS
Accident: An occurrence associated with the operation of a vehicle even when
not in revenue service, if as a result:
a. An individual dies;
b. An individual suffers a bodily injury and immediately receives medical
treatment away from the scene of the accident; or,
c. One or more vehicles incur disabling damage as the result of the
occurrence and is transported away from the scene by a tow truck or other
vehicle. For purposes of this definition, disabling damage means damage
which precludes departure of any vehicle from the scene of the
occurrence in its usual manner in daylight after simple repairs. Disabling
damage includes damage to vehicles that could have been operated but
would have been further damaged if so operated, but does not include
damage which can be remedied temporarily at the scene of the
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occurrence without special tools or parts, tire disablement without other
damage even if no spare tire is available, or damage to headlights,
taillights, turn signals, horn, or windshield wipers that makes them
inoperative.
Adulterated specimen: A specimen that has been altered, as evidence by test
results showing either a substance that is not a normal constituent for that type of
specimen or showing an abnormal concentration of an endogenous substance.
Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low
molecular weight alcohols contained in any beverage, mixture, mouthwash,
candy, food, preparation or medication.
Alcohol Concentration: Expressed in terms of grams of alcohol per 210 liters of
breath as indicated by a breath test under 49 CFR Part 40.
Aliquot: A fractional part of a specimen used for testing, is taken as a sample
representing the whole specimen.
Canceled Test: A drug or alcohol test that has a problem identified that cannot be
or has not been corrected, or which is cancelled. A canceled test is neither
positive nor negative.
Confirmatory Drug Test: A second analytical procedure performed on a different
aliquot of the original specimen to identify and quantify the presence of a specific
drug or metabolite.
Confirmatory Validity Test: A second test performed on a different aliquot of the
original urine specimen to further support a validity test result.
Covered Employee under FTA Authority: An employee who performs a safety-
sensitive function including, an applicant or transferee who is being considered
for hire into a safety-sensitive function (See Attachment A for a list of covered
employees).
Covered Employee Under Company Authority: An employee, applicant, or
transferee that will not perform a safety-sensitive function as defined by FTA but
is included under the company’s own authority. (See Attachment A).
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Designated Employer Representative (DER): An employee authorized by the
employer to take immediate action to remove employees from safety-sensitive
duties and to make required decisions in testing. The DER also receives test
results and other communications for the employer, consistent with the
requirements of 49 CFR Parts 40 and 655.
Department of Transportation (DOT): For the purposes of Drug & Alcohol
regulatory oversight, DOT is the department of the federal government which
includes the, Federal Transit Administration, Federal Railroad Administration,
Federal Aviation Administration, Federal Motor Carriers’ Safety Administration,
Pipeline & Hazardous Materials Safety Administration, and the Office of the
Secretary of Transportation.
Dilute specimen: A urine specimen with creatinine and specific gravity values that
are lower than expected for human urine.
Disabling damage: Damage which precludes departure of any vehicle from the
scene of the occurrence in its usual manner in daylight after simple repairs.
Disabling damage includes damage to vehicles that could have been operated
but would have been further damaged if so operated, but does not include
damage which can be remedied temporarily at the scene of the occurrence
without special tools or parts, tire disablement without other damage even if no
spare tire is available, or damage to headlights, taillights, turn signals, horn, or
windshield wipers that makes them inoperative.
Evidentiary Breath Testing Device (EBT): A Device approved by the NHTSA for
the evidential testing of breath at the 0.02 and the 0.04 alcohol concentrations.
Approved devices are listed on the National Highway Traffic Safety
Administration (NHTSA) conforming products list.
Initial Drug Test: (Screening Drug Test) The test used to differentiate a negative
specimen from one that requires further testing for drugs or drug metabolites.
Initial Specimen Validity Test: The first test used to determine if a urine specimen
is adulterated, diluted, substituted, or invalid
Invalid Result: The result reported by an HHS-certified laboratory in accordance
with the criteria established by the HHS Mandatory Guidelines when a positive,
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negative, adulterated, or substituted result cannot be established for a specific
drug or specimen validity test.
Laboratory: Any U.S. laboratory certified by HHS under the National Laboratory
Certification program as meeting standards of Subpart C of the HHS Mandatory
Guidelines for Federal Workplace Drug Testing Programs; or, in the case of
foreign laboratories, a laboratory approved for participation by DOT under this
part.
Limit of Detection (LOD): The lowest concentration at which a measurement can
be identified, but (for quantitative assays) the concentration cannot be accurately
calculated.
Limit of Quantitation: For quantitative assays, the lowest concentration at which
the identity and concentration of the measurement and can be accurately
established.
Medical Review Officer (MRO): A licensed physician (medical doctor or doctor of
osteopathy) responsible for receiving laboratory results generated by the drug
testing program who has knowledge of substance abuse disorders, and has
appropriate medical training to interpret and evaluate an individual's confirmed
positive test result, together with his/her medical history, and any other relevant
bio-medical information.
Negative Dilute: A drug test result which is negative for the five drug/drug
metabolites but has a specific gravity value lower than expected for human urine.
Negative result: The result reported by an HHS-certified laboratory to an MRO
when a specimen contains no drug or the concentration of the drug is less than
the cutoff concentration for the drug or drug class and the specimen is a valid
specimen.
Non-negative test result: A urine specimen that is reported as adulterated,
substitute, invalid, or positive for drug/drug metabolites.
Oxidizing Adulterant: A substance that acts alone or in combination with other
substances to oxidize drugs or drug metabolites to prevent the detection of the
drug or metabolites, or affects the reagents in either the initial or confirmatory
drug test.
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Performing (a safety-sensitive function): A covered employee is considered to be
performing a safety-sensitive function and includes any period in which he or she
is actually performing, ready to perform, or immediately available to perform such
functions.
Positive result: The result reported by an HHS- Certified laboratory when a
specimen contains a drug or drug metabolite equal or greater to the cutoff
concentrations.
Prohibited drug: Identified as marijuana, cocaine, opiates, amphetamines
(including ecstasy), or phencyclidine at levels above the minimum thresholds
specified in 49 CFR Part 40, as amended.
Reconfirmed: The result reported for a split specimen when the second
laboratory is able to corroborate the original result reported for the primary
specimen.
Rejected for Testing: The result reported by an HHS- Certified laboratory when
no tests are performed for specimen because of a fatal flaw or a correctable flaw
that has not been corrected.
Revenue Service Vehicles: All transit vehicles that are used for passenger
transportation service.
Safety-sensitive functions: Employee duties identified as:
(1) The operation of a transit revenue service vehicle even when the vehicle
is not in revenue service.
(2) The operation of a non-revenue service vehicle by an employee when
the operation of such a vehicle requires the driver to hold a Commercial
Driver’s License (CDL).
(3) Maintaining a revenue service vehicle or equipment used in revenue
service.
(4) Controlling the movement of a revenue service vehicle and
(5) Carrying a firearm for security purposes.
Split Specimen Collection: A collection in which the urine collected is divided into
two separate bottles, the primary specimen (Bottle A) and the split specimen
(Bottle B).
Substance Abuse Professional (SAP): A licensed physician (medical doctor or
doctor of osteopathy) or licensed or certified psychologist, social worker, employee
assistance professional, state-licensed marriage and family therapist or drug and
alcohol counselor (certified by the National Association of Alcoholism and Drug
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Abuse Counselors Certification Commission or by the International Certification
Reciprocity Consortium/Alcohol and other Drug Abuse (ICRC) or by the National
Board for Certified Counselors, Inc. and Affiliates/Master Addictions Counselor
(NBCC)) with knowledge of and clinical experience in the diagnosis and treatment
of drug and alcohol related disorders.
Substituted specimen: A urine specimen with creatinine and specific gravity values
that are so diminished or so divergent that they are not consistent with normal
human urine.
Test Refusal: The following are considered a refusal to test if the employee:
(1) Fails to appear for any test (excluding pre-employment) within a
reasonable time, as determined by the employer, after being directed
to do so by the employer
(2) Fails to remain at the testing site until the testing process is complete.
An employee who leaves the testing site before the testing process
commences for a pre-employment test has not refused to test.
(3) Fails to attempt to provide a urine or breath specimen for any drug
or alcohol test required by Part 40 or DOT agency regulations. An
employee who does not provide a urine or breath specimen because
he or she has left the testing site before the testing process
commenced for a pre-employment test has not refused to test.
(4) In the case of a directly observed or monitored collection in a drug
test, fails to permit the observation or monitoring of your provision of
a specimen
(5) Fails to provide a sufficient amount of urine or breath when directed,
and it has been determined, through a required medical evaluation,
that there was no adequate medical explanation for the failure
(6) Fails or declines to take a second test the employer or collector has
directed you to take
(7) Fails to undergo a medical examination or evaluation, as directed by
the MRO or by the DER
(8) Fails to cooperate with any part of the testing process (e.g., refuse
to empty pockets when so directed by the collector, behave in a
confrontational way that disrupts the collection process)
(9) If the MRO reports that there is verified adulterated or substituted
test result
(10) Refusal to sign Step 2 of the alcohol testing form
(11) Failure to follow the observer’s instructions during an observed
collection including instructions to raise your clothing above the
waist, lower clothing and underpants, and to turn around to permit
the observer to determine if you have any type of prosthetic or other
device that could be used to interfere with the collection process.
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(12) Possess or wear a prosthetic or other device that could be used to
interfere with the collection process
(13) Admit to the collector or MRO that you adulterated or substituted the
specimen.
(14) Fail to remain readily available following an accident.
Verified negative test: A drug test result reviewed by a medical review officer and
determined to have no evidence of prohibited drug use above the minimum cutoff
levels established by the Department of Health and Human Services (HHS).
Verified positive test: A drug test result reviewed by a medical review officer and
determined to have evidence of prohibited drug use above the minimum cutoff
levels specified in 49 CFR Part 40 as revised.
Validity testing: The evaluation of the specimen to determine if it is consistent with
normal human urine. Specimen validity testing will be conducted on all urine
specimens provided for testing under DOT authority. The purpose of validity testing
is to determine whether certain adulterants or foreign substances were added to
the urine, if the urine was diluted, or if the specimen was substituted.
D. EDUCATION AND TRAINING
1) Every covered employee will receive a copy of this policy and will have
ready access to the corresponding federal regulations including 49 CFR
Parts 655 and 40, as amended. In addition, all covered employees will
undergo a minimum of 60 minutes of training on the signs and symptoms of
drug use including the effects and consequences of drug use on personal
health, safety, and the work environment. The training also includes
manifestations and behavioral cues that may indicate prohibited drug use.
2) All supervisory personnel or company officials who are in a position to
determine employee fitness for duty will receive 60 minutes of reasonable
suspicion training on the physical, behavioral, and performance indicators
of probable drug use and 60 minutes of additional reasonable suspicion
training on the physical, behavioral, speech, and performance indicators of
probable alcohol misuse.
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E. PROHIBITED SUBSTANCES
1) Prohibited substances addressed by this policy include the following.
a. Illegally Used Controlled Substance or Drugs Under the
Drug-Free Workplace Act of 1988 any drug or any substance
identified in Schedule I through V of Section 202 of the
Controlled Substance Act (21 U.S.C. 812), and as further
defined by 21 CFR 1300.11 through 1300.15 is prohibited at
all times in the workplace unless a legal prescription has
been written for the substance. This includes, but is not
limited to: marijuana, amphetamines (including
methamphetamine and ecstasy), opiates (including codeine,
morphine, and heroin), phencyclidine (PCP), and cocaine, as
well as any drug not approved for medical use by the U.S.
Drug Enforcement Administration or the U.S. Food and Drug
Administration. Illegal use includes use of any illegal drug,
misuse of legally prescribed drugs, and use of illegally
obtained prescription drugs. Also, the medical use of
marijuana, or the use of hemp related products, which cause
drug or drug metabolites to be present in the body above the
minimum thresholds is a violation of this policy
Federal Transit Administration drug testing regulations (49
CFR Part 655) require that all employees covered under
FTA authority be tested for marijuana, cocaine,
amphetamines (including methamphetamine and ecstasy),
opiates (including codeine, morphine, and heroin), and
phencyclidine as described in Section H of this policy.
Employees covered under company authority will also be
tested for these same substances. Illegal use of these five
drugs is prohibited at all times and thus, covered employees
may be tested for these drugs anytime that they are on duty.
b. Legal Drugs: The appropriate use of legally prescribed drugs
and non-prescription medications is not prohibited. However,
the use of any substance which carries a warning label that
indicates that mental functioning, motor skills, or judgment
may be adversely affected must be reported to a Person
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Area Transportation System supervisor and the employee is
required to provide a written release from his/her doctor or
pharmacist indicating that the employee can perform his/her
safety-sensitive functions.
c. Alcohol: The use of beverages containing alcohol (including
any mouthwash, medication, food, candy) or any other
substances such that alcohol is present in the body while
performing safety-sensitive job functions is prohibited. A
reasonable suspicion or random alcohol test can only be
performed on a covered employee under 49 CFR Part 655
just before, during, or just after the performance of safety-
sensitive job functions. Under Person Area Transportation
System authority, a non-DOT alcohol test can be performed
any time a covered employee is on duty.
F. PROHIBITED CONDUCT
1) All covered employees are prohibited from reporting for duty or remaining
on duty any time there is a quantifiable presence of a prohibited drug in
the body above the minimum thresholds defined in 49 CFR Part 40, as
amended.
2) Each covered employee is prohibited from consuming alcohol while
performing safety-sensitive job functions or while on-call to perform safety-
sensitive job functions. If an on-call employee has consumed alcohol,
they must acknowledge the use of alcohol at the time that they are called
to report for duty. The covered employee will subsequently be relieved of
his/her on-call responsibilities and subject to discipline for not fulfilling
his/her on-call responsibilities.
3) The Transit Department shall not permit any covered employee to perform
or continue to perform safety-sensitive functions if it has actual knowledge
that the employee is using alcohol
4) Each covered employee is prohibited from reporting to work or remaining
on duty requiring the performance of safety-sensitive functions while
having an alcohol concentration of 0.02 or greater regardless of when the
alcohol was consumed.
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5) No covered employee shall consume alcohol for eight (8) hours following
involvement in an accident or until he/she submits to the post-accident
drug/alcohol test, whichever occurs first.
6) No covered employee shall consume alcohol within four (4) hours prior to
the performance of safety-sensitive job functions.
7) Person Area Transportation System, under its own authority, also prohibits
the consumption of alcohol at all times the employee is on duty, or
anytime the employee is in uniform.
8) Consistent with the Drug-free Workplace Act of 1988, all Person Area
Transportation System employees are prohibited from engaging in the
unlawful manufacture, distribution, dispensing, possession, or use of
prohibited substances in the work place including transit system premises
and transit vehicles.
G. DRUG STATUTE CONVICTION
Consistent with the Drug Free Workplace Act of 1998, all employees are required
to notify the Person Area Transportation System management of any criminal
drug statute conviction for a violation occurring in the workplace within five days
after such conviction. Failure to comply with this provision shall result in
disciplinary action as defined in Section Q of this policy.
H. TESTING REQUIREMENTS
1) Analytical urine drug testing and breath testing for alcohol will be
conducted as required by 49 CFR Part 40 as amended. All employees
covered under FTA authority shall be subject to testing prior to performing
safety-sensitive duty, for reasonable suspicion, following an accident, and
random as defined in Section K, L, M, and N of this policy, and return to
duty/follow-up. All employees who may be covered under company
authority will also be subject to testing for reasonable suspicion, post-
accident, random and return to duty/follow-up using non DOT testing
forms.
2) A drug test can be performed any time a covered employee is on duty. A
reasonable suspicion and random alcohol test can be performed just
before, during, or after the performance of a safety-sensitive job function.
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Under Person Area Transportation System authority, a Non-DOT alcohol
test can be performed any time a covered employee is on duty.
3) All covered employees will be subject to urine drug testing and breath
alcohol testing as a condition of ongoing employment with Person Area
Transportation System. Any safety-sensitive employee who refuses to
comply with a request for testing shall be removed from duty and subject
to discipline as defined in Section Q of this policy.
I. DRUG TESTING PROCEDURES
1) Testing shall be conducted in a manner to assure a high degree of
accuracy and reliability and using techniques, equipment, and laboratory
facilities which have been approved by the U.S. Department of Health and
Human Service (HHS). All testing will be conducted consistent with the
procedures set forth in 49 CFR Part 40, as amended. The procedures will
be performed in a private, confidential manner and every effort will be
made to protect the employee, the integrity of the drug testing procedure,
and the validity of the test result.
2) The drugs that will be tested for include marijuana, cocaine, opiates
(including codeine, morphine, and heroin), amphetamines (including
methamphetamine and ecstasy), and phencyclidine. After the identity of
the donor is checked using picture identification, a urine specimen will be
collected using the split specimen collection method described in 49 CFR
Part 40, as amended. Each specimen will be accompanied by a DOT
Custody and Control Form and identified using a unique identification
number that attributes the specimen to the correct individual. The
specimen analysis will be conducted at a HHS certified laboratory. An
initial drug screen and validity test will be conducted on the primary urine
specimen. For those specimens that are not negative, a confirmatory Gas
Chromatography/Mass Spectrometry (GC/MS) test will be performed. The
test will be considered positive if the amounts of the drug(s) and/or its
metabolites identified by the GC/MS test are above the minimum
thresholds established in 49 CFR Part 40, as amended.
3) The test results from the HHS certified laboratory will be reported to a
Medical Review Officer. A Medical Review Officer (MRO) is a licensed
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physician with detailed knowledge of substance abuse disorders and drug
testing. The MRO will review the test results to ensure the scientific
validity of the test and to determine whether there is a legitimate medical
explanation for a confirmed positive, substitute, or adulterated test result.
The MRO will attempt to contact the employee to notify the employee of
the non-negative laboratory result, and provide the employee with an
opportunity to explain the confirmed laboratory test result. The MRO will
subsequently review the employee’s medical history/medical records as
appropriate to determine whether there is a legitimate medical explanation
for a non-negative laboratory result. If no legitimate medical explanation is
found, the test will be verified positive or refusal to test and reported to the
Person Area Transportation System Drug and Alcohol Program Manager
(DAPM). If a legitimate explanation is found, the MRO will report the test
result as negative to the DAPM.
4) If the test is invalid without a medical explanation, a retest will be
conducted under direct observation. Employees do not have access to a
test of their split specimen following an invalid result.
5) Any covered employee who questions the results of a required drug test
under paragraphs L through P of this policy may request that the split
sample be tested. The split sample test must be conducted at a second
HHS-certified laboratory. The test must be conducted on the split sample
that was provided by the employee at the same time as the primary
sample. The method of collecting, storing, and testing the split sample will
be consistent with the procedures set forth in 49 CFR Part 40, as
amended. The employee's request for a split sample test must be made
to the Medical Review Officer within 72 hours of notice of the original
sample verified test result. Requests after 72 hours will only be accepted
at the discretion of the MRO if the delay was due to documentable facts
that were beyond the control of the employee. Person Area
Transportation System] will ensure that the cost for the split specimen are
covered in order for a timely analysis of the sample, however Person Area
Transportation System will seek reimbursement for the split sample test
from the employee.
6) If the analysis of the split specimen fails to confirm the presence of the
drug(s) detected in the primary specimen, if the split specimen is not able
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to be analyzed, or if the results of the split specimen are not scientifically
adequate, the MRO will declare the original test to be canceled. If the split
specimen is not available to analyze the MRO will direct Person Area
Transportation System to retest the employee under direct observation.
7) The split specimen will be stored at the initial laboratory until the analysis
of the primary specimen is completed. If the primary specimen is
negative, the split will be discarded. If the primary specimen is positive, it
will be retained in frozen storage for one year and the split specimen will
also be retained for one year. If the primary is positive, the primary and the
split will be retained for longer than one year for testing if so requested by
the employee through the Medical Review Officer (MRO), or by the
employer, by the MRO, or by the relevant DOT agency.
8) Observed collections
a. Consistent with 49 CFR Part 40, as amended, collection under
direct observation (by a person of the same gender) with no
advance notice will occur if:
i. The laboratory reports to the MRO that a specimen is invalid,
and the MRO reports to Person Area Transportation System
that there was not an adequate medical explanation for the
result;
ii. The MRO reports to Person Area Transportation System that
the original positive, adulterated, or substituted test result had
to be cancelled because the test of the split specimen could
not be performed;
iii. The laboratory reported to the MRO that the specimen was
negative-dilute with a creatinine concentration greater than
or equal to 2 mg/dL but less than or equal to 5 mg/dL, and
the MRO reported the specimen as negative-dilute and that
a second collection must take place under direct observation
(see §40.197(b)(1)).
iv. The collector observes materials brought to the collection site
or the employee's conduct clearly indicates an attempt to
tamper with a specimen;
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v. The temperature on the original specimen was out of range;
vi. Anytime the employee is directed to provide another
specimen because the original specimen appeared to have
been tampered with.
vii. All follow-up-tests; or
viii. All return-to-duty tests
G. ALCOHOL TESTING PROCEDURES
1) Tests for breath alcohol concentration will be conducted utilizing a National
Highway Traffic Safety Administration (NHTSA)-approved Evidential Breath
Testing device (EBT) operated by a trained Breath Alcohol Technician
(BAT). Alcohol screening tests may be performed using a non-evidential
testing device which is also approved by NHTSA. If the initial test indicates
an alcohol concentration of 0.02 or greater, a second test will be performed
to confirm the results of the initial test. The confirmatory test must occur
on an EBT. The confirmatory test will be conducted at least fifteen minutes
after the completion of the initial test. The confirmatory test will be
performed using a NHTSA-approved EBT operated by a trained BAT. The
EBT will identify each test by a unique sequential identification number.
This number, time, and unit identifier will be provided on each EBT printout.
The EBT printout, along with an approved alcohol testing form, will be used
to document the test, the subsequent results, and to attribute the test to the
correct employee. The test will be performed in a private, confidential
manner as required by 49 CFR Part 40, as amended. The procedure will
be followed as prescribed to protect the employee and to maintain the
integrity of the alcohol testing procedures and validity of the test result.
2) An employee who has a confirmed alcohol concentration of 0.04 or greater
will be considered a positive alcohol test and in violation of this policy. The
consequences of a positive alcohol test are described in Section Q. of this
policy. Even though an employee who has a confirmed alcohol
concentration of 0.02 to 0.039 is not considered positive, the employee shall
still be removed from duty for at least eight hours or for the duration of the
work day whichever is longer and will be subject to the consequences
described in Section Q of this policy. An alcohol concentration of less than
0.02 will be considered a negative test.
3) Person Area Transportation System affirms the need to protect individual
dignity, privacy, and confidentiality throughout the testing process. If at any
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time the integrity of the testing procedures or the validity of the test results
is compromised, the test will be canceled. Minor inconsistencies or
procedural flaws that do not impact the test result will not result in a
cancelled test.
4) The alcohol testing form (ATF) required by 49 CFR Part 40 as amended,
shall be used for all FTA required testing. Failure of an employee to sign
step 2 of the ATF will be considered a refusal to submit to testing.
H. PRE-EMPLOYMENT TESTING
1) All applicants for covered transit positions shall undergo urine drug testing
prior to performance of a safety-sensitive function.
a. All offers of employment for covered positions shall be
extended conditional upon the applicant passing a drug test.
An applicant will not be allowed to perform safety-sensitive
functions unless the applicant takes a drug test with verified
negative results.
b. An employee shall not be placed, transferred or promoted
into a position covered under FTA authority or company
authority until the employee takes a drug test with verified
negative results.
c. If an applicant fails a pre-employment drug test, the
conditional offer of employment shall be rescinded and the
applicant will be referred to a Substance Abuse
Professionals. Failure of a pre-employment drug test will
disqualify an applicant for employment for a period of at least
one year. Before being considered for future employment
the applicant must provide the employer proof of having
successfully completed a referral, evaluation and treatment
plan as described in section 655.62 of subpart G. The cost
for the assessment and any subsequent treatment will be the
sole responsibility of the applicant.
d. When an employee being placed, transferred, or promoted
from a non-covered position to a position covered under FTA
authority or company authority submits a drug test with a
verified positive result, the employee shall be subject to
disciplinary action in accordance with Section Q herein.
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e .If a pre-employment/pre-transfer test is canceled, Person
Area Transportation System will require the applicant to
take and pass another pre-employment drug test.
f. In instances where a FTA covered employee does not
perform a safety sensitive function for a period of 90
consecutive days or more regardless of reason, and is not in
the random testing pool during that time the employee will be
required to take a pre-employment drug test under 49 CFR Part
655 and have negative test results prior to the conduct of safety-
sensitive job functions.
g. Following a negative dilute the employee will be required to
undergo another test. Should this second test result in a
negative dilute result, the test will be considered a negative and
no additional testing will be required unless directed to do so by
the MRO.
h. Applicants are required (even if ultimately not hired) to
provide Person Area Transportation System with signed written
release to requesting FTA drug and alcohol records from all
previous, DOT-covered, employers that the applicant has
worked for within the last two years. Failure to do so will result
in the employment offer being rescinded. Person Area
Transportation System is required to ask all applicants (even if
ultimately not hired) if they have tested positive or refused to
test on a pre-employment test for a DOT covered employer
within the last two years. If the applicant has tested positive or
refused to test on a pre-employment test for a DOT covered
employer, the applicant must provide Person Area
Transportation System proof of having successfully completed
a referral, evaluation and treatment plan as described in section
655.62 of subpart G.
L. REASONABLE SUSPICION TESTING
1) All Person Area Transportation System covered employees will be subject
to a reasonable suspicion drug and/or alcohol test when the employer has
reasonable suspicion to believe that the covered employee has used a
prohibited drug and/or engaged in alcohol misuse. Reasonable suspicion
shall mean that there is objective evidence, based upon specific,
contemporaneous, articulable observations of the employee's appearance,
behavior, speech or body odor that are consistent with possible drug use
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and/or alcohol misuse. Reasonable suspicion referrals must be made by
one or more supervisors who are trained to detect the signs and symptoms
of drug and alcohol use, and who reasonably concludes that an employee
may be adversely affected or impaired in his/her work performance due to
possible prohibited substance abuse or alcohol misuse. A reasonable
suspicion alcohol test can only be conducted just before, during, or just after
the performance of a safety-sensitive job function. However, under Person
Area Transportation System’s authority, a NON-DOT reasonable suspicion
alcohol test may be performed any time the covered employee is on duty.
A reasonable suspicion drug test can be performed any time the covered
employee is on duty.
2) Person Area Transportation System shall be responsible for transporting
the employee to the testing site. Supervisors should avoid placing
themselves and/or others into a situation which might endanger the physical
safety of those present. The employee shall be placed on administrative
leave pending disciplinary action described in Section Q of this policy. An
employee who refuses an instruction to submit to a drug/alcohol test shall
not be permitted to finish his or her shift and shall immediately be placed on
administrative leave pending disciplinary action as specified in Section Q of
this policy.
3) A written record of the observations which led to a drug/alcohol test based
on reasonable suspicion shall be prepared and signed by the supervisor
making the observation. This written record shall be submitted to the
Person Area Transportation System
4) When there are no specific, contemporaneous, articulable objective facts
that indicate current drug or alcohol use, but the employee (who is not
already a participant in a treatment program) admits the abuse of alcohol
or other substances to a supervisor in his/her chain of command, the
employee shall be referred to an employer approved counseling
professional for an assessment. Person Area Transportation System shall
place the employee on administrative leave in accordance with the
provisions set forth under Section Q of this policy. Testing in this
circumstance would be performed under the direct authority of the Person
Area Transportation System. Since the employees self-referred to
management, testing under this circumstance would not be considered a
violation of this policy or a positive test result under Federal authority.
However, self-referral does not exempt the covered employee from testing
under Federal authority as specified in Sections L through N of this policy
or the associated consequences as specified in Section Q.
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FTA Drug and Alcohol Testing Policy Page 19
M. POST-ACCIDENT TESTING
1) FATAL ACCIDENTS- All covered employees will be required to undergo
urine and breath testing if they are involved in an accident with a transit
vehicle regardless of whether or not the vehicle is in revenue service that
results in a fatality. This includes all surviving covered employees that are
operating the vehicle at the time of the accident and any other whose
performance could have contributed to the accident, as determined by the
employer using the best information available at the time of the decision.
2) NON-FATAL ACCIDENTS- A post-accident test of the employee operating
the public transportation vehicle will be conducted if an accident occurs and
at least one of the following conditions is met:
a. The accident results in injuries requiring immediate medical
treatment away from the scene, and the covered employee may have
contributed to the accident.
b. One or more vehicles incurs disabling damage as a result of the
occurrence and must be transported away from the scene, and the
covered employee may have contributed to the accident.
In addition, any other covered employee whose performance could
have contributed to the accident, as determined by the employer using the
best information available at the time of the decision, will be tested.
As soon as practicable following an accident, as defined in this
policy, the transit supervisor investigating the accident will notify the transit
employee operating the transit vehicle and all other covered employees
whose performance could have contributed to the accident of the need for
the test. The supervisor will make the determination using the best
information available at the time of the decision.
General Accident Procedures:
The appropriate transit supervisor shall ensure that an employee, required
to be tested under this section, is tested as soon as practicable, but no longer than
eight (8) hours of the accident for alcohol, and no longer than 32 hours for drugs.
If an alcohol test is not performed within two hours of the accident, the Supervisor
will document the reason(s) for the delay. If the alcohol test is not conducted within
(8) eight hours, or the drug test within 32 hours, attempts to conduct the test must
cease and the reasons for the failure to test documented.
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FTA Drug and Alcohol Testing Policy Page 20
Any covered employee involved in an accident must refrain from alcohol
use for eight (8) hours following the accident or until he/she undergoes a post-
accident alcohol test. An employee who is subject to post-accident testing who fails to remain
readily available for such testing, including notifying a supervisor of his or her
location if he or she leaves the scene of the accident prior to submission to such
test, may be deemed to have refused to submit to testing.
Nothing in this section shall be construed to require the delay of necessary
medical attention for the injured following an accident, or to prohibit an employee
from leaving the scene of an accident for the period necessary to obtain
assistance in responding to the accident, or to obtain necessary emergency
medical care.
In the rare event that Person Area Transportation System is unable to
perform an FTA drug and alcohol test (i.e., employee is unconscious, employee
is detained by law enforcement agency), Person Area Transportation System
may use drug and alcohol post-accident test results administered by local law
enforcement officials in lieu of the FTA test. The local law enforcement officials
must have independent authority for the test and the employer must obtain the
results in conformance with local law.
N. RANDOM TESTING
1) All covered employees will be subjected to random, unannounced testing.
The selection of employees shall be made by a scientifically valid method
of randomly generating an employee identifier from the appropriate pool of
safety-sensitive employees. Employees covered under company authority
will be selected from a pool of non-DOT-covered employees.
2) The dates for administering unannounced testing of randomly selected
employees shall be spread reasonably throughout the calendar year, day
of the week and hours of the day.
3) The number of employees randomly selected for drug/alcohol testing
during the calendar year shall be not less than the percentage rates set
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FTA Drug and Alcohol Testing Policy Page 21
each year by the FTA. The current year testing rates can be viewed online
at http://www.dot.gov/odapc/random-testing-rates. If a given driver is
subject to random testing under the rules of more than one DOT agency,
the driver will be subject to random drug and alcohol testing at the annual
percentage rate established by the DOT agency regulating more than 50%
of the driver’s function.
4) Each covered employee shall be in a pool from which the random
selection is made. Each covered employee in the pool shall have an equal
chance of selection each time the selections are made. Employees will
remain in the pool and subject to selection, whether or not the employee
has been previously tested. There is no discretion on the part of
management in the selection.
5) Covered transit employees that fall under the Federal Transit
Administration regulations will be included in one random pool maintained
separately from the testing pool of non-safety sensitive employees that
may be included solely under Person Area Transportation System
authority.
6) Random tests can be conducted at any time during an employee’s shift for
drug testing. Alcohol random tests can only be performed just before,
during, or just after the performance of a safety sensitive duty. However,
under the Person Area Transportation System’s authority, a non-DOT
random alcohol test may be performed any time the covered employee is
on duty. Testing can occur during the beginning, middle, or end of an
employee’s shift.
7) Employees are required to proceed immediately to the collection site upon
notification of their random selection.
O. RETURN-TO-DUTY TESTING
Person Area Transportation System will terminate the employment of any
employee that tests positive or refuses a test as specified in section Q of this policy.
However, in the rare event an employee is reinstated with court order or other
action beyond the control of the transit system, the employee must complete the
return-to-duty process prior to the performance of safety-sensitive functions. All
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FTA Drug and Alcohol Testing Policy Page 22
covered employees who previously tested positive on a drug or alcohol test or
refused a test, must test negative for drugs, alcohol (below 0.02 for alcohol), or
both and be evaluated and released by the Substance Abuse Professional before
returning to work. For an initial positive drug test a Return-to-Duty drug test is
required and an alcohol test is allowed. For an initial positive alcohol test a Return-
to-Duty alcohol test is required and a drug test is allowed. Following the initial
assessment, the SAP will recommend a course of rehabilitation unique to the
individual. The SAP will recommend the return-to-duty test only when the
employee has successfully completed the treatment requirement and is known to
be drug and alcohol-free and there are no undue concerns for public safety.
P. FOLLOW-UP TESTING
Covered employees that have returned to duty following a positive or refused a
test will be required to undergo frequent, unannounced drug and/or alcohol testing
following their return-to-duty test. The follow-up testing will be performed for a
period of one to five years with a minimum of six tests to be performed the first
year. The frequency and duration of the follow-up tests (beyond the minimums)
will be determined by the SAP reflecting the SAP’s assessment of the employee’s
unique situation and recovery progress. Follow-up testing should be frequent
enough to deter and/or detect a relapse. Follow-up testing is separate and in
addition to the random, post-accident, reasonable suspicion and return-to-duty
testing.
In the instance of a self-referral or a management referral, the employee will be
subject to non-USDOT follow-up tests and follow-up testing plans modeled using
the process described in 49 CFR Part 40. However, all non-USDOT follow-up tests
and all paperwork associated with an employee’s return-to-work agreement that
was not precipitated by a positive test result (or refusal to test) does not constitute
a violation of the Federal regulations will be conducted under company authority
and will be performed using non-DOT testing forms.
Q. RESULT OF DRUG/ALCOHOL TEST
1) Any covered employee that has a verified positive drug or alcohol test, or
refusal to test will be removed from his/her safety-sensitive position,
informed of educational and rehabilitation programs available, referred to a
Substance Abuse Professional (SAP) for assessment, and will be
terminated.
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FTA Drug and Alcohol Testing Policy Page 23
2) Following a negative dilute the employee will be required to undergo
another test. Should this second test result in a negative dilute result, the
test will be considered a negative and no additional testing will be required
unless directed to do so by the MRO.
3) Refusal to submit to a drug/alcohol test shall be considered a positive test
result and a direct act of insubordination and shall result in termination and
referral to an SAP. A test refusal includes the following circumstances:
a. Fails to appear for any test (excluding pre-employment)
within a reasonable time, as determined by the employer,
after being directed to do so by the employer
b. Fails to remain at the testing site until the testing process
is complete. An employee who leaves the testing site
before the testing process commences for a pre-
employment test has not refused to test.
c. Fails to attempt to provide a urine or breath specimen for
any drug or alcohol test required by Part 40 or DOT
agency regulations. An employee who does not provide a
urine or breath specimen because he or she has left the
testing site before the testing process commenced for a
pre-employment test has not refused to test.
d. In the case of a directly observed or monitored collection
in a drug test, fails to permit the observation or monitoring
of your provision of a specimen
e. Fails to provide a sufficient amount of urine or breath when
directed, and it has been determined, through a required
medical evaluation, that there was no adequate medical
explanation for the failure
f. Fails or declines to take a second test the employer or
collector has directed you to take
g. Fails to undergo a medical examination or evaluation, as
directed by the MRO as part of the verification process, or
as directed by the DER as part of the “shy bladder” or “shy
lung” procedures
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FTA Drug and Alcohol Testing Policy Page 24
h. Fails to cooperate with any part of the testing process
(e.g., refuse to empty pockets when so directed by the
collector, behave in a confrontational way that disrupts the
collection process)
i. If the MRO reports that there is verified adulterated or
substituted test result
j. Failure or refusal to sign Step 2 of the alcohol testing form
k. Failure to follow the observer’s instructions during an
observed collection including instructions to raise your
clothing above the waist, lover clothing and underpants,
and to turn around to permit the observer to determine if
you have any type of prosthetic or other device that could
be used to interfere with the collection process.
l. Possess or wear a prosthetic or other device that could
be used to interfere with the collection process.
m. Admit to the collector or MRO that you adulterated or
substituted the specimen.
As a covered employee, if the MRO reports that you have a verified
adulterated or substituted test result, you have refused to take a drug test.
4) An alcohol test result of 0.02 to 0.039 BAC shall result in the removal of
the employee from duty for eight hours or the remainder or the work day
whichever is longer. The employee will not be allowed to return to safety-
sensitive duty for his/her next shift until he/she submits to an alcohol test
with a result of less than 0.02 BAC. If the employee has an alcohol test
result of 0.02 to 0.039 two or more times within a six month period, the
employee will be removed from duty and referred for assessment and
treatment consistent with Section Q of this policy.
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FTA Drug and Alcohol Testing Policy Page 25
5) In the instance of a self-referral or a management referral, disciplinary action
against the employee shall include:
a. Mandatory referral for an assessment by an employer approved counseling
professional for assessment, formulation of a treatment plan, and execution
of a return to work agreement;
b. Failure to execute, or remain compliant with the return-to-work agreement
shall result in termination from Person Area Transportation System
employment.
i. Compliance with the return-to-work agreement means that the
employee has submitted to a drug/alcohol test immediately prior to
returning to work; the result of that test is negative; the employee is
cooperating with his/her recommended treatment program; and, the
employee has agreed to periodic unannounced follow-up testing as
defined in Section P of this policy.
c. Refusal to submit to a periodic unannounced follow-up drug/alcohol test
shall be considered a direct act of insubordination and shall result in
termination. All tests conducted as part of the return to work agreement will
be conducted under company authority and will be performed using non-
DOT testing forms.
d. A self-referral or management referral that was not precipitated by a positive
test result does not constitute a violation of the Federal regulations and will
not be considered as a positive test result in relation to the progressive
discipline defined in Section Q of this policy.
e. Periodic unannounced follow-up drug/alcohol test conducted as a result of
a self-referral or management referral which results in a verified positive
shall be considered a positive test result in relation to the progressive
discipline defined in Section Q of this policy.
f. A Voluntary Referral does not shield an employee from disciplinary action
or guarantee employment with Person Area Transportation System.
g. A Voluntary Referral does not shield an employee from the requirement to
comply with drug and alcohol testing.
6) Failure of an employee to report within five days a criminal drug statute conviction
for a violation occurring in the workplace shall result in termination.
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FTA Drug and Alcohol Testing Policy Page 26
R. GRIEVANCE AND APPEAL
The consequences specified by 49 CFR Part 40.149 (c) for a positive test or test refusal
is not subject to arbitration.
S. PROPER APPLICATION OF THE POLICY
Person Area Transportation System is dedicated to assuring fair and equitable application
of this substance abuse policy. Therefore, supervisors/managers are required to use and
apply all aspects of this policy in an unbiased and impartial manner. Any
supervisor/manager who knowingly disregards the requirements of this policy, or who is
found to deliberately misuse the policy in regard to subordinates, shall be subject to
disciplinary action, up to and including termination.
T. INFORMATION DISCLOSURE
1) Drug/alcohol testing records shall be maintained by the Person Area
Transportation System Drug and Alcohol Program Manager and, except as
provided below or by law, the results of any drug/alcohol test shall not be disclosed
without express written consent of the tested employee.
2) The employee, upon written request, is entitled to obtain copies of any records
pertaining to their use of prohibited drugs or misuse of alcohol including any drug
or alcohol testing records. Covered employees have the right to gain access to
any pertinent records such as equipment calibration records, and records of
laboratory certifications. Employees may not have access to SAP referrals and
follow-up testing plans.
3) Records of a verified positive drug/alcohol test result shall be released to the Drug
and Alcohol Program Manager, and other transit system management personnel
on a need to know basis.
4) Records will be released to a subsequent employer only upon receipt of a written
request from the employee.
5) Records of an employee's drug/alcohol tests shall be released to the adjudicator
in a grievance, lawsuit, or other proceeding initiated by or on behalf of the tested
individual arising from the results of the drug/alcohol test. The records will be
released to the decision maker in the preceding.
6) Records will be released to the National Transportation Safety Board during an
accident investigation.
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FTA Drug and Alcohol Testing Policy Page 27
7) Information will be released in a criminal or civil action resulting from an
employee’s performance of safety-sensitive duties, in which a court of competent
jurisdiction determines that the drug or alcohol test information is relevant to the
case and issues an order to the employer to release the information. The employer
will release the information to the decision maker in the proceeding with a binding
stipulation that it will only be released to parties of the proceeding.
8) Records will be released to the DOT or any DOT agency with regulatory authority
over the employer or any of its employees.
9) Records will be released if requested by a Federal, state or local safety agency
with regulatory authority over Person Area Transportation System or the
employee.
10) If a party seeks a court order to release a specimen or part of a specimen contrary
to any provision of Part 40 as amended, necessary legal steps to contest the
issuance of the order will be taken
11) In cases of a contractor or sub-recipient of a state department of transportation,
records will be released when requested by such agencies that must certify
compliance with the regulation to the FTA.
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FTA Drug and Alcohol Testing Policy Page 28
This Policy was adopted by the PERSON COUNTY BOARD OF COMMISSIONERS on
November 20, 2017.
Person County Board of County Commissioners
By: _________________________________
Tracey L. Kendrick, Chairman
Attest: _______________________________
Brenda B. Reaves, Clerk
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FTA Drug and Alcohol Testing Policy Page 29
Attachment A
Job Title Job Duties Testing Authority
Driver Operates Transit Vehicles FTA/PATS
Dispatcher Controls Movement of vehicles FTA/PATS
Admin Asst. Administrative Duties (NON-DOT) PATS
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FTA Drug and Alcohol Testing Policy Page 30
Attachment B Contacts
Any questions regarding this policy or any other aspect of the substance abuse policy
should be directed to the following individual(s).
[Person Area Transportation System] Drug and Alcohol Program Manager
Name: Kathy Adcock
Title: Transportation Manager
Address: 341 S. Madison Blvd. Roxboro, NC 27573
Telephone Number: (336) 597-1771
Medical Review Officer
Name: Dr. Kendall Garing
Title: Medical Review Officer
Address: 1029 Sunset Ave. Asheboro, NC 27203
Telephone Number: (336) 736-8038 Fax: (336) 736-8042
Substance Abuse Professional
Name: Gene Smith
Title: Life Changes EAP
Address: 1045 Main St. Suite 3, Danville, Va. 24541
Telephone Number: (800) 776-3022
HHS Certified Laboratory Primary Specimen
Name: Alere Toxicology Services
Address: 450 Southlake Blvd., Richmond, Va. 23236
Telephone Number: (800) 977-9130 Fax: (804) 379-5919
HHS Certified Split Specimen Laboratory
Name: Laboratory Corporation Holdings of America
Address: 1904 Alexander Dr., Research Triangle Park, NC 27709
Phone: (919)572-6900
50
Person Area Transportation
System
Title VI Program Plan
nondiscrimination
LEP
buses
1964
transit
equality
civil rights
EJ race gender
disability
rights
fair
Title VI MPO
national origin
age public participation
equal opportunity
light rail
color
Date Adopted
Month/Day/Year
51
2
PLAN REVIEW AND APPROVAL
On behalf of the Person County Board of Commissioners for Person Area Transportation System (PATS), I hereby
acknowledge receipt of the Title VI Nondiscrimination Plan. We, the Person County Board of Commissioners, have
reviewed and hereby approve this Plan. We are committed to ensuring that all decisions are made in accordance with
the nondiscrimination guidelines of this Plan, to the end that no person is excluded from participation in, denied the
benefits of, or otherwise subjected to discrimination under any PATS transportation services and activities on the basis of
race, color, national origin, sex, age, religion, or disability, as protected by Title VI of the Civil Rights Act of 1964 and the
nondiscrimination provisions of the Federal Transit Administration.
____________________________________________ ___________________________
Signature of Authorizing Official DATE
Tracey L. Kendrick, Chairman
Person County Board of Commissioners
52
3
Table of Contents
Title VI Nondiscrimination Agreement ................................................................................................................ 5
1.0 Introduction ................................................................................................................................................... 6
2.0 Description of Programs and Services .......................................................................................................... 6
2.1 Program(s) and Services Administered ...................................................................................................... 6
2.2 Funding Sources / Tables ........................................................................................................................... 6
2.3 Decision‐Making Process ........................................................................................................................... 7
2.4 Title VI Coordinator .................................................................................................................................... 8
2.5 Change of Title VI Coordinator and/or Transit Manager ........................................................................... 8
2.6 Organizational Chart .................................................................................................................................. 8
2.7 Subrecipients ............................................................................................................................................. 8
3.0 Title VI Nondiscrimination Policy Statement ............................................................................................... 9
4.0 Notice of Nondiscrimination ....................................................................................................................... 10
5.0 Procedures to Ensure Nondiscriminatory Administration of Programs and Services .............................. 11
6.0 Contract Administration ............................................................................................................................. 12
6.1 Contract Language ................................................................................................................................... 12
6.2 Nondiscrimination Notice to Prospective Bidders ................................................................................... 13
7.0 External Discrimination Complaint Procedures ......................................................................................... 14
Discrimination Complaint Form ...................................................................................................................... 16
Discrimination Complaints Log ....................................................................................................................... 18
Investigative Guidance .................................................................................................................................... 19
SAMPLE Investigative Report Template ......................................................................................................... 20
8.0 Service Area Population Characteristics ..................................................................................................... 21
8.1 Race and Ethnicity .................................................................................................................................... 21
8.2 Age & Sex ................................................................................................................................................. 22
8.3 Poverty ..................................................................................................................................................... 22
8.4 Household Income ................................................................................................................................... 23
8.5 Population Locations ............................................................................................................................... 23
9.0 Title VI Equity Analyses (and Environmental Justice Assessments) .......................................................... 23
10.0 Public Involvement .................................................................................................................................... 24
10.1 Introduction ........................................................................................................................................... 24
10.2 Public Notification .................................................................................................................................. 24
10.3 Dissemination of Information ................................................................................................................ 24
10.4 Meetings and Outreach ......................................................................................................................... 24
53
4
10.5 Summary of the Language Assistance Plan Components ...................................................................... 26
10.6 Language Assistance Plan ...................................................................................................................... 29
10.7 Demographic Request ............................................................................................................................ 30
10.8 Transportation Advisory Board (TAB) .................................................................................................... 33
10.9 Summary of Outreach Efforts Since the Last Title VI Program Submission....................................33
11.0 Staff Training ............................................................................................................................................. 33
12.0 Nonelected Boards and Committees – By Race and Gender ................................................................... 34
13.0 Record‐Keeping and Reports .................................................................................................................... 34
Appendices ......................................................................................................................................................... 35
Appendix A – Applicable Nondiscrimination Authorities
Appendix B – Organizational Chart
Appendix C– NCDOT’s Transit Review Checklist
Appendix D – Annual Education and Acknowledgement Form
Appendix E – Demographic Request
Appendix F – Minority Representation Data Collection Form
54
5
TITLE VI NONDISCRIMINATION AGREEMENT
BETWEEN
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
AND
PERSON AREA TRANSPORTATION SYSTEM
In accordance with DOT Order 1050.2A, Person Area Transportation System (PATS) assures the North Carolina Department
of Transportation (NCDOT) that no person shall, on the ground of race, color, national origin, sex, religion, age, or
disability, as provided by Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and related
nondiscrimination authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination or retaliation under any program or activity undertaken by Person Area Transportation System.
Further, Person Area Transportation System hereby agrees to:
1. Designate a Title VI Coordinator that has a responsible position within the organization and easy access to the
Transit Manager of the organization.
2. Issue a policy statement, signed by the Transit Manager of the organization, which expresses a commitment to the
nondiscrimination provisions of Title VI and related applicable statutes. The signed policy statement shall be posted
and circulated throughout the organization and to the general public, and published where appropriate in languages
other than English. The policy statement will be re-signed when there is a change of the Transit Manager.
3. Insert the clauses of the contract language from Section 6.1 in every contract awarded by the organization. Ensure
that every contract awarded by the organization’s contractors or consultants also includes the contract language.
4. Process all and, when required, investigate complaints of discrimination consistent with the procedures contained
within this Plan. Log all complaints for the administrative record.
5. Collect statistical data (race, color, national origin, sex, age, disability) on participants in, and beneficiaries of,
programs and activities carried out by the organization.
6. Participate in training offered on Title VI and other nondiscrimination requirements. Conduct or request training for
employees or the organization’s subrecipients.
7. Take affirmative action, if reviewed or investigated by NCDOT, to correct any deficiencies found within a reasonable
time period, not to exceed 90 calendar days, unless reasonable provisions are granted by NCDOT.
8. Document all Title VI nondiscrimination-related activities as evidence of compliance. Submit information and
reports to NCDOT on a schedule outlined by NCDOT.
THIS AGREEMENT is given in consideration of, and for the purpose of obtaining, any and all federal funds, grants, loans,
contracts, properties, discounts or other federal financial assistance under all programs and activities and is binding.
Authorized Signature
Date
Kathy Adcock
Transit Manager
55
6
1.0 INTRODUCTION
Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2000d provides that: “No person in the United States shall, on the ground of
race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving Federal financial assistance.” The broader application of nondiscrimination law is
found in other statutes, executive orders, and regulations, which provide additional protections based on age, sex, religion,
and disability, including the 1987 Civil Rights Restoration Act, which extended nondiscrimination coverage to all programs
and activities of federal-aid recipients, subrecipients, and contractors, including those that are not federally-funded (see
Appendix A – Applicable Nondiscrimination Authorities).
Person Area Transportation System (PATS) is a recipient of Federal financial assistance from the North Carolina
Department of Transportation (NCDOT) and the United States Department of Transportation (USDOT), receiving Federal
Transit Administration (FTA) funds through the NCDOT. As the primary recipient of USDOT funds in North Carolina, the
NCDOT’s comprehensive Title VI Nondiscrimination Program includes compliance oversight and technical assistance
responsibilities towards its subrecipients and those subrecipients must use federal and state funds in a nondiscriminatory
manner.
Person Area Transportation System establishes this Title VI Nondiscrimination Plan for the purpose of complying with Title
VI of the Civil Rights Act of 1964, as required by FTA Circular 4702.1B, and related requirements outlined under Group
01.D, “Nondiscrimination Assurance,” of the FTA Certifications and Assurances. This document details the
nondiscrimination program, policies, and practices administered by this organization, and will be updated periodically to
incorporate changes and additional responsibilities as they are made.
2.0 DESCRIPTION OF PROGRAMS AND SERVICES
2.1 PROGRAM(S) AND SERVICES ADMINISTERED
Person Area Transportation System provides public transportation options to its customers within Roxboro of Person
County, North Carolina. Our service operates Monday through Friday from 6:00am to 6:00pm. We transport out of town to
Durham and Chapel Hill Tuesday, Wednesday and Thursday for medical appointments. To schedule a ride it must be
called in by 11:00am the business day before. Our fares are by zones starting with zone 1 to zone 6. Cost starting $6.00
to $12.00. We also operate an Uptown Shuttle that cost a dollar a ride.
Our office hours are 8:30am to 5:00pm. With the Administrative staff of (1) Transit Manager, (1) Senior Administrative
Assistant and (1) Dispatch/Clerk. We have (7) full time Transit Drivers and (13) part time Transit Driver
2.2 FUNDING SOURCES / TABLES
For the purpose of federally-assisted programs, "federal assistance" shall include:
1. grants and loans of Federal funds;
2. the grant or donation of Federal property and interest in property;
3. the detail of Federal personnel;
4. the sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or
any interest in such property without consideration or at a nominal consideration, or at a consideration which is
reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale
or lease to the recipient; and
5. any Federal agreement, arrangement, or other contract which has, as one of its purposes, the provision of
assistance.
56
7
Each FTA Formula Grant received by our system during the past year, and whether the funds were received through
NCDOT or directly from FTA, is checked below. Additional details are provided on how often each of the grants is received
(annually, first time, etc.) and the amount.
Grant Title NCDOT FTA Details
(i.e., purpose, frequency, and duration of receipt)
5307 (Urbanized Area Formula)
5309 (b)(2) (Fixed Guideway Modernization)
5310 (Transportation for Elderly Persons and
Persons with Disabilities) EDTAP-$63,165.-annually
5311 (Formula Grants for Other than
Urbanized Areas)
5311 (b)(3) (Rural Transit Assistance) RGP-$72,666-annually
5316 (Job Access and Reverse Commute)
5317 (New Freedom)
5303, 5304 and/or 5305 (Metropolitan &
Statewide Planning)
5339 (Bus and Bus Facilities Formula)
Other:
2.3 DECISION-MAKING PROCESS
When adopting programs and budgets our Transit Board is advised and it is discussed in the meeting. It is carried if needed
to the County Board of Commissioners for approval or to be adopted. The Board of Commissioners meets twice a month.
Board or Committee Name Appointed Elected # of Members
Transit Advisory Board 10
County Board of Commissioners 5
2.4 TITLE VI COORDINATOR
The individual below has been designated as the Title VI Coordinator for Person Area Transportation System, and is
empowered with sufficient authority and responsibility to implement the Title VI Nondiscrimination Program:
57
8
Name: Kathy Adcock
Official Title: Transit Manager
Address: 341 South Madison Blvd, Roxboro NC 27573
Phone: 336-330-2207
Email: kadcock@personcounty.net
Key responsibilities of the Coordinator include:
Maintaining knowledge of Title VI and related requirements.
Attending civil rights training when offered by NCDOT or any other regulatory agency.
Administering the Title VI Nondiscrimination Program and coordinating implementation of this Plan.
Making sure internal staff and officials are familiarized and complying with their Title VI nondiscrimination obligations.
Disseminating Title VI information internally and to the general public, including in languages other than English.
Presenting Title VI-related information to decision-making bodies for input and approval.
Ensuring Title VI-related posters are prominently and publicly displayed.
Developing a process to collect data related to race, national origin, sex, age, and disability to ensure minority, low-
income, and other underserved groups are included and not discriminated against.
Ensuring that non-elected boards and committees reflect the service area and minorities are represented.
Implementing procedures for prompt processing (receiving, logging, investigating and/or forwarding) of discrimination
complaints.
Coordinating with, and providing information to, NCDOT and other regulatory agencies during compliance reviews or
complaint investigations.
Promptly resolving areas of deficiency to ensure compliance with Title VI nondiscrimination requirements.
2.5 CHANGE OF TITLE VI COORDINATOR AND/OR TRANSIT MANAGER
If Title VI Coordinator or Transit Manager changes, this document and all other documents that name the Coordinator, will
immediately be updated, and an updated policy statement and assurance will be signed by the new Transit Manager.
2.6 ORGANIZATIONAL CHART
An organizational chart showing the Title VI Coordinator’s place within the organization is located in Appendix B.
2.7 SUBRECIPIENTS
Person Area Transportation System does not have pass through funds to any other organizations and, therefore, does not
have any subrecipients.
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3.0 TITLE VI NONDISCRIMINATION POLICY STATEMENT
It is the policy of Person Area Transportation System (PATS), as a federal-aid
recipient, to ensure that no person shall, on the ground of race, color, national origin,
sex, religion, age or disability, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any of our programs and
activities, as provided by Title VI of the Civil Rights Act of 1964, the Civil Rights
Restoration Act of 1987, and all other related nondiscrimination laws and
requirements.
Signature
Kathy Adcock, Transit Manager
Date
Title VI and Related Authorities
Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d) provides that, “No person in the United States
shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity receiving federal financial assistance.” The 1987
Civil Rights Restoration Act (P.L. 100-259) clarified and restored the original intent of Title VI by expanding the
definition of “programs and activities” to include all programs and activities of federal-aid recipients (such as,
Person Area Transportation System), subrecipients, and contractors, whether such programs and activities are
federally-assisted or not.
Related nondiscrimination authorities include, but are not limited to: U.S. DOT regulation, 49 CFR part 21,
“Nondiscrimination in Federally-assisted Programs of the Department of Transportation–Effectuation of Title
VI of the Civil Rights Act”; 49 U.S.C. 5332, “Nondiscrimination (Public Transportation)”; FTA Circular 4702.1B
- Title VI Requirements and Guidelines for Federal Transit Administration Recipients; DOT Order 5610.2a,
“Actions to Address Environmental Justice in Minority Populations and Low-Income Populations”; FTA C
4703.1 - Environmental Justice Policy Guidance For Federal Transit Administration Recipients; Policy Guidance
Concerning (DOT) Recipient's Responsibilities to Limited English Proficient (LEP) Persons, 74 FR 74087; The
Americans with Disabilities Act of 1990, as amended, P.L. 101-336; Section 504 of the Rehabilitation Act of
1973, 29 U.S.C. 790; Age Discrimination Act of 1975, as amended 42 U.S.C. 6101; Title IX of the Education
Amendments of 1972, 20 U.S.C. 1681; Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, 42 U.S.C. 4601; Section 508 of the Rehabilitation Act of 1973, 29 U.S.C. 794d.
Implementation
This statement will be signed by the Transit Manager of Person Area Transportation System, and re-signed
whenever a new person assumes that position.
The signed statement will be posted on office bulletin boards, near the receptionist’s desk, in meeting rooms,
inside vehicles, and disseminated within brochures and other written materials.
The core of the statement (signature excluded) will circulate internally within annual acknowledgement forms.
The statement will be posted or provided in languages other than English, when appropriate.
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4.0 NOTICE OF NONDISCRIMINATION
Person Area Transportation System operates its programs and services without regard to race, color, national
origin, sex, religion, age, and disability in accordance with Title VI of the Civil Rights Act and related statutes.
Any person who believes she or he has been aggrieved by any unlawful discriminatory practice may file a
complaint with Person Area Transportation System.
For more information on Person Area Transportation System’s civil rights program, and the procedures to file a
complaint, contact 336-597-1771, (TTD 1-800-735-2962); email Transit Manager, Kathy Adcock at
kadcock@personcounty.net; or visit our administrative office at 341 South Madison Blvd., Roxboro, NC 27573.
For more information, visit www.personcounty.net
If information is needed in another language, contact 336-599-8361
A complainant may file a complaint directly with the North Carolina Department of Transportation by filing with the
Office of Civil Rights, External Civil Rights Section, 1511 Mail Service Center, Raleigh, NC 27699-1511, Attention:
Title VI Nondiscrimination Program; phone: 919-508-1808 or 800-522-0453, or TDD/TTY: 800-735-2962.
A complainant may file a complaint directly with the Federal Transit Administration by filing a complaint with the
Office of Civil Rights, Attention: Title VI Program Coordinator, East Building, 5th Floor-TCR,1200 New Jersey Ave.,
SE, Washington, DC 20590.
Implementation
The notice will be posted in its entirety on our website and in any documents and reports we distribute.
Ads in newspapers and other publications shall include the first three (3) bullets.
The statement will be posted or provided in languages other than English, when appropriate.
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5.0 PROCEDURES TO ENSURE NONDISCRIMINATORY ADMINISTRATION OF PROGRAMS AND SERVICES
We are committed to the nondiscriminatory administration of our programs and services. As with the implementation of our
programs in general, organization-wide compliance is required. Thus, employees and staff will periodically be reminded of
our Title VI nondiscrimination obligations through staff training and use of the Annual Education and Acknowledgment
Form below. The Title VI Coordinator will periodically assess program operations to ensure that this policy is being
followed. A single copy of the form is located in Appendix D
Annual Education and Acknowledgement Form
Title VI Nondiscrimination Policy
(Title VI and related nondiscrimination authorities)
No person shall, on the grounds of race, color, national origin, sex, age, or disability, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or
activity of a Federal-aid recipient.
All employees and representatives of Person Area Transportation System are expected to consider,
respect, and observe this policy in their daily work and duties. If any person approaches you with a
civil rights-related question or complaint, please direct him or her to Kathy Adcock, Transit Manager
at 336-330-2207.
In all dealings with the public, use courtesy titles (e.g., Mr., Mrs., Miss, Dr.) to address or refer to them
without regard to their race, color, national origin, sex, age or disability.
Acknowledgement of Receipt of Title VI Program
I hereby acknowledge receipt of Person Area Transportation System’s Title VI Program and other
nondiscrimination guidelines. I have read the Title VI Program and I am committed to ensuring that no
person is excluded from participation in or denied the benefits of Person Area Transportation System’s
programs, policies, services and activities on the basis of race, color, national origin, sex, age, or
disability, as provided by Title VI of the Civil Rights Act of 1964 and related nondiscrimination statutes.
__________________________________________ ____________________
Signature Date
Implementation
Periodically, but not more than once a year, employees and representatives will receive, review and certify
commitment to the Title VI Program.
New employees shall be informed of Title VI provisions and expectations to perform their duties accordingly,
asked to review the Title VI Program, and required to sign the acknowledgement form.
Periodic review of operational practices and guidelines by the Title VI Coordinator to verify compliance with the
Title VI Program.
Signed acknowledgement forms and records of internal assessments will remain on file for at least three years.
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6.0 CONTRACT ADMINISTRATION
Person Area Transportation System ensures all contractors will fulfill their contracts in a nondiscriminatory manner. While
contractors are not required to prepare a Title VI Program, they must comply with the nondiscrimination requirements of
the organization to which they are contracted. PATS and its contractors will not discriminate in the selection and retention
of contractors (at any level) or discriminate in employment practices in connection with any of our projects.
6.1 CONTRACT LANGUAGE
During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the
“contractor”) agrees as follows:
(1) Compliance with Regulations: The contractor shall
comply with the Regulation relative to nondiscrimination in
Federally-assisted programs of the Department of
Transportation (hereinafter, "DOT") Title 49, Code of Federal
Regulations, Part 21, as they may be amended from time to
time, (hereinafter referred to as the Regulations), which are
herein incorporated by reference and made a part of this
contract.
(2) Nondiscrimination: The contractor, with regard to the
work performed by it during the contract, shall not discriminate
on the grounds of race, color, national origin, sex, religion, age,
or disability in the selection and retention of subcontractors,
including procurements of materials and leases of equipment.
The contractor shall not participate either directly or indirectly in
the discrimination prohibited by section 21.5 of the Regulations,
including employment practices when the contract covers a
program set forth in Appendix B of the Regulations.
(3) Solicitations for Subcontractors, Including
Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made
by the contractor for work to be performed under a subcontract,
including procurements of materials or leases of equipment,
each potential subcontractor or supplier shall be notified by the
contractor of the contractor's obligations under this contract and
the Regulations relative to nondiscrimination on the grounds of
race, color, or national origin.
(4) Information and Reports: The contractor shall provide
all information and reports required by the Regulations or
directives issued pursuant thereto, and shall permit access to
its books, records, accounts, other sources of information, and
its facilities as may be determined by the Person Area
Transportation System (PATS) or the North Carolina
Department of Transportation (NCDOT), the Federal Highway
Administration (FHWA) and/or Federal Transit Administration
(FTA) to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any information
required of a contractor is in the exclusive possession of
another who fails or refuses to furnish this information the
contractor shall so certify to PATS, or the NCDOT, FHWA
and/or FTA as appropriate, and shall set forth what efforts it has
made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the
contractor's noncompliance with the nondiscrimination
provisions of this contract, PATS shall impose such contract
sanctions as it or the NCDOT, FHWA and/or FTA may
determine to be appropriate, including, but not limited to:
(a) withholding of payments to the contractor under the
contract until the contractor complies, and/or
(b) cancellation, termination or suspension of the contract,
in whole or in part.
(6) Incorporation of Provisions: The contractor shall
include the provisions of paragraphs (1) through (6) in every
subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives
issued pursuant thereto. The contractor shall take such action
with respect to any subcontract or procurement as PATS or the
NCDOT, FHWA and/or FTA may direct as a means of enforcing
such provisions including sanctions for noncompliance:
Provided, however, that, in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor
or supplier as a result of such direction, the contractor may
request PATS to enter into such litigation to protect the interests
of PATS, and, in addition, the contractor may request the United
States to enter into such litigation to protect the interests of the
United States.
*The Contractor has read and is familiar with the terms above:
_________________ Contractor’s Initials
_________________
Date
Implementation
The nondiscrimination language above (with initials line) will be appended to any existing contracts, purchase
orders, and agreements that do not include it, and initialed by the responsible official of the other organization.
The nondiscrimination language above (without initials line) will be incorporated as standard language before the
signature page of our standard contracts, purchase orders, and agreements.
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The Title VI Coordinator will review existing contracts to ensure the language has been added.
6.2 NONDISCRIMINATION NOTICE TO PROSPECTIVE BIDDERS
Person Area Transportation System, in accordance with Title VI of the Civil Rights Act of 1964 and related
nondiscrimination authorities, and Title 49 Code of Federal Regulations, Parts 21 and 26, hereby notifies all bidders
that it will affirmatively insure that in any contact entered into pursuant to this advertisement, minority and women
business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, national origin, or sex in consideration for an award.
Implementation
The nondiscrimination language above will be included in all solicitations for bids for work or material and proposals
for negotiated agreements to assure interested firms that we provide equal opportunity and do not discriminate.
Outreach efforts will be made to minority and women-owned firms that work in requested fields, and documented.
Unless specifically required under Disadvantaged Business Enterprise (DBE) or Affirmative Action programs, all
contractors will be selected without regard to their race, color, national origin, or sex.
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7.0 EXTERNAL DISCRIMINATION COMPLAINT PROCEDURES
These discrimination complaint procedures describe the process used by Person Area Transportation System (PATS) to
process and investigate complaints of alleged discrimination filed under Title VI of the Civil Rights Act of 1964 and related
nondiscrimination laws that are applicable to programs, services, and activities carried out by Person Area Transportation
System.
Complaints will be investigated by the appropriate authority. Upon completion of every investigation, PATS will inform the
complainant of all avenues of appeal. PATS will make every effort to obtain early resolution of complaints at the lowest
level possible. The option of informal mediation between the affected parties and PATS staff may be utilized for resolution.
FILING OF COMPLAINTS
1. Applicability – The complaint procedures apply to the beneficiaries of PATS programs, activities, and services, such
as the members of the public and any consultants/contractors hired by PATS.
2. Eligibility – Any person or class of persons who believes that he/she has been subjected to discrimination or
retaliation prohibited by any of the Civil Rights authorities based upon race, color, sex, age, national origin, or
disability, may file a written complaint with PATS. The law prohibits intimidation or retaliation of any sort. The
complaint may be filed by the affected individual or a representative, and must be in writing.
3. Time Limits and Filing Options – A complaint must be filed no later than 180 calendar days after the following:
The date of the alleged act of discrimination; or
The date when the person(s) became aware of the alleged discrimination; or
Where there has been a continuing course of conduct, the date on which that conduct was discontinued or the
latest instance of the conduct.
Complaints may be submitted to the following entities:
Person Area Transportation System, Public Transportation System, 341 South Madison Blvd., Roxboro, NC
27573, Office: 336-597-1771, Fax: 336-330-2311
North Carolina Department of Transportation, Office of Civil Rights, External Civil Rights Section, 1511 Mail
Service Center, Raleigh, NC 27699-1511; 919-508-1830 or toll free 800-522-0453
US Department of Transportation, Departmental Office of Civil Rights, External Civil Rights Programs Division,
1200 New Jersey Avenue, SE, Washington, DC 20590; 202-366-4070
Federal Transit Administration, Office of Civil Rights, ATTN: Title VI Program Coordinator, East Bldg. 5th Floor
– TCR, 1200 New Jersey Avenue, SE, Washington, DC 20590
Federal Highway Administration, Office of Civil Rights, 1200 New Jersey Avenue, SE, 8th Floor, E81-314,
Washington, DC 20590, 202-366-0693 / 366-0752
Federal Highway Administration, North Carolina Division Office, 310 New Bern Avenue, Suite 410, Raleigh,
NC 27601, 919-747-7010
Federal Aviation Administration, Office of Civil Rights, 800 Independence Avenue, SW, Washington, DC
20591, 202-267-3258
US Department of Justice, Special Litigation Section, Civil Rights Division, 950 Pennsylvania Avenue, NW,
Washington, DC 20530, 202-514-6255 or toll free 877-218-5228
4. Format for Complaints – Complaints shall be in writing and signed by the complainant(s) or a representative and
include the complainant’s name, address, and telephone number. Complaints received by fax or e-mail will be
acknowledged and processed. Allegations received by telephone or in person will be reduced to writing, may be
recorded and will be provided to the complainant for confirmation or revision before processing. Complaints will be
accepted in other languages, including Braille.
5. Discrimination Complaint Form – The Discrimination Complaint Form is consistent with the Nondiscrimination
Assurance in Group 01.D of the FTA Certifications & Assurances.
6. Complaint Basis – Allegations must be based on issues involving race, color, national origin, sex, age, or disability.
The term “basis” refers to the complainant’s membership in a protected group category.
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Protected
Categories
Definition Examples Applicable Statutes and
Regulations
FHWA FTA
Race An individual belonging to one of the accepted
racial groups; or the perception, based usually on
physical characteristics that a person is a member
of a racial group
Black/African American,
Hispanic/Latino, Asian,
American Indian/Alaska
Native, Native
Hawaiian/Pacific Islander,
White
Title VI of the
Civil Rights Act
of 1964;
49 CFR Part
21;
23 CFR 200
Title VI of the
Civil Rights Act
of 1964;
49 CFR Part
21;
Circular
4702.1B Color Color of skin, including shade of skin within a
racial group
Black, White, brown, yellow,
etc.
National
Origin
Place of birth. Citizenship is not a factor.
Discrimination based on language or a person’s
accent is also covered.
Mexican, Cuban, Japanese,
Vietnamese, Chinese
Sex Gender Women and Men 1973 Federal-
Aid Highway
Act
Title IX of the
Education
Amendments of
1972
Age Persons of any age 21 year old person Age Discrimination Act of 1975
Disability Physical or mental impairment, permanent or
temporary, or perceived.
Blind, alcoholic, para-
amputee, epileptic, diabetic,
arthritic
Section 504 of the Rehabilitation
Act of 1973; Americans with
Disabilities Act of 1990
Complaint Processing
1. When a complaint is received by PATS, a written acknowledgment and a Consent Release form will be mailed to the
complainant within ten (10) business days by registered mail.
2. PATS cannot investigate Title VI complaints filed against itself, but can investigate ADA complaints against itself.
PATS will consult with the NCDOT External Civil Rights Section to determine the acceptability and jurisdiction of all
complaints received. (Note: If NCDOT has jurisdiction, the External Civil Rights Section will be responsible for the
remainder of this process. PATS will record the transfer of responsibility in its complaints log).
3. Additional information will be requested if the complaint is incomplete. The complainant will be provided 15 business
days to submit any requested information and the signed Consent Release form. Failure to do so may be considered
good cause for a determination of no investigative merit.
4. Upon receipt of the requested information and determination of jurisdiction, PATS will notify the complainant and
respondent of whether the complaint has sufficient merit to warrant investigation.
5. If the complaint is investigated, the notification shall state the grounds of PATS’ jurisdiction, while informing the parties
that their full cooperation will be required in gathering additional information and assisting the investigator.
6. If the complaint does not warrant investigation, the notification to the complainant shall specifically state the reason for
the decision.
Complaint Log
1. When a complaint is received by PATS, the complaint will be entered into the Discrimination Complaints Log with
other pertinent information, and assigned a Case Number. (Note: All complaints must be logged).
2. The complaints log will be submitted to the NCDOT’s Civil Rights office during Title VI compliance reviews. (Note:
NCDOT may also be request the complaints log during pre-grant approval processes).
3. The Log Year(s) since the last submittal will be entered (e.g., 2012-2015, 2014-2015, FFY 2015, or 2015) and the
complaints log will be signed before submitting the log to NCDOT.
4. When reporting no complaints, check the No Complaints or Lawsuits box and sign the log.
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Person Area Transportation System (PATS)
DISCRIMINATION COMPLAINT FORM
Any person who believes that he/she has been subjected to discrimination based upon race, color, religion, sex, age, national origin, or disability
may file a written complaint with Person Area Transportation System (PATS), within 180 days after the discrimination occurred.
Last Name: First Name: Male
Female
Mailing Address: City State Zip
Home Telephone: Work Telephone: E-mail Address
Identify the Category of Discrimination:
RACE COLOR NATIONAL ORIGIN AGE
RELIGION DISABILITY SEX
*NOTE: Title VI bases are race, color, national origin. All other bases are found in the “Nondiscrimination Assurance” of the FTA Certifications & Assurances.
Identify the Race of the Complainant
Black White Hispanic Asian American
American Indian Alaskan Native Pacific Islander Other _________________
Date and place of alleged discriminatory action(s). Please include earliest date of discrimination and most recent date of discrimination.
Names of individuals responsible for the discriminatory action(s):
How were you discriminated against? Describe the nature of the action, decision, or conditions of the alleged discrimination. Explain as clearly
as possible what happened and why you believe your protected status (basis) was a factor in the discrimination. Include how other persons
were treated differently from you. (Attach additional page(s), if necessary).
The law prohibits intimidation or retaliation against anyone because he/she has either taken action, or participated in action, to secure rights
protected by these laws. If you feel that you have been retaliated against, separate from the discrimination alleged above, please explain the
circumstances below. Explain what action you took which you believe was the cause for the alleged retaliation.
Names of persons (witnesses, fellow employees, supervisors, or others) whom we may contact for additional information to support or clarify
your complaint: (Attached additional page(s), if necessary).
Name Address Telephone
1.
2.
3.
4.
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DISCRIMINATION COMPLAINT FORM
Have you filed, or intend to file, a complaint regarding the matter raised with any of the following? If yes, please provide the filing dates. Check
all that apply.
NC Department of Transportation
Federal Transit Administration
Federal Highway Administration
US Department of Transportation
Federal or State Court
Other
Have you discussed the complaint with any Person Area Transportation System (PATS) representative? If yes, provide the name, position,
and date of discussion.
Please provide any additional information that you believe would assist with an investigation.
Briefly explain what remedy, or action, are you seeking for the alleged discrimination.
**WE CANNOT ACCEPT AN UNSIGNED COMPLAINT. PLEASE SIGN AND DATE THE COMPLAINT FORM BELOW.
_________________________________________________________________
COMPLAINANT’S SIGNATURE
__________________________________
DATE
MAIL COMPLAINT FORM TO:
Person Area Transportation System
Attention: Kathy Adcock
Transit Manager
341 South Madison Blvd.
Roxboro, North Carolina 27573
336-597-1771 or 336-330-2207
FOR OFFICE USE ONLY
Date Complaint Received:
Processed by:
Case #:
Referred to: NCDOT FTA Date Referred:
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INVESTIGATIVE GUIDANCE
A. Scope of Investigation – An investigation should be confined to the issues and facts relevant to the allegations in the
complaint, unless evidence shows the need to extend the issues.
B. Developing an Investigative Plan – It is recommended that the investigator prepares an Investigative Plan (IP) to
define the issues and lay out the blueprint to complete the investigation. The IP should follow the outline below:
1. Complainant(s) Name and Address (Attorney name and address if applicable)
2. Respondent(s) Name and Address (Attorney for the Respondent(s) name and address)
3. Applicable Law(s)
4. Basis/(es)
5. Allegation(s)/Issue(s)
6. Background
7. Name of Persons to be interviewed
a. Questions for the complainant(s)
b. Questions for the respondent(s)
c. Questions for witness(es)
8. Evidence to be obtained during the investigation
a. Issue – Complainant allege that there are only six African American contractors participating in the
highway construction industry in the State and their contract awards are very small.
i. Documents needed: documents which show all DBE firms which currently have contracts and must
include the following 1) name and race of DBE firm; 2) Date of initial certification into the DBE
program; 3) type of business; 4) contracts awarded anytime during the period to the present; 5) dollar
value of contract.
C. Request for Information – The investigator should gather data and information pertinent to the issues raised in the
complaint.
D. Interviews – Interviews should be conducted with the complainant, respondent, and appropriate witnesses during the
investigative process. Interviews are conducted to gain a better understanding of the situation outlined in the
complaint of discrimination. The main objective during the interview is to obtain information that will either support or
refute the allegations.
E. Developing an Investigative Report – The investigator should prepare an investigative report setting forth all
relevant facts obtained during the investigation. The report should include a finding for each issue. A sample
investigative report is provided below.
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TEMPLATE/SAMPLE Investigative Report
I. COMPLAINANT(S) NAME (or attorney for the complainant(s) – name and address if applicable
Name, Address, Phone: 999-999-9999
II. RESPONDENT(S) (or attorney for the respondent(s) – name and address if applicable)
Name, Address, Phone: 999-999-9999
III. APPLICABLE LAW/REGULATION
[For example, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d); 49 CFR §21.11; 49 CFR
§26.53)]
IV. COMPLAINT BASIS/(ES)
[For example, Race, Color, National Origin, Religion, Sex, Age, Disability)]
V. ISSUES/ALLEGATIONS
[Describe in logical sequence, each allegation including the prohibited basis for the alleged discriminatory
conduct, (e.g., race, color, religion, sex, national origin, age, or disability) and the specific statutory or
regulatory provision the allegation would violate, if proven to be true.]
Issue #1 – Complainant alleges that transit system failed to inform minority communities of rate increases.
Issue #2 – Complainant alleges that transit system has not sufficiently publicized or held public meetings to
share information regarding fare increases and route changes that impacts low-income and minority
citizens.
VI. BACKGROUND
[Provide detailed information regarding the complaint, including a historical overview of the case,
including any activities or actions taken prior to accepting the complaint for investigation.]
VII. INVESTIGATIVE PROCEDURE
[Describe in detail, methods used to conduct the investigation, such as document requests, interviews and
site visits. Include witnesses’ names and addresses, documents received and/or reviewed, emails sent and
received.]
VIII. ISSUES / FINDINGS OF FACT
[Provide a detailed description of the investigator’s analysis of each allegation, based on clear and factual
findings. Include specific evidence used to support your findings.]
IX. CONCLUSION
[State whether discrimination did or did not occur. Conclusions must be evidence-based and defensible.
Test conclusions by considering all possible rebuttal arguments from the respondent and complainant. Both
respondent and the complainant should be given an opportunity to confirm or rebut the assertions of the
other party and your findings, but all the evidence you’ve presented should speak for itself.]
X. RECOMMENDED ACTIONS
[Outline what should be done to remedy the findings or, if necessary, provide justice for the complainant.]
APPENDIX
[Include in the Appendix any supplemental materials that support your findings and conclusion.]
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8.0 SERVICE AREA POPULATION CHARACTERISTICS
To ensure that Title VI reporting requirements are met, Person Area Transportation System will collect and maintain
population data on potential and actual beneficiaries of our programs and services. This section is intended as a
compilation of relevant population characteristics from our overall service area. This data will provide context to the Title VI
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Nondiscrimination Program and be used to ensure nondiscrimination and improve public outreach initiatives and delivery
of ongoing programs.
8.1 RACE AND ETHNICITY
The following table was completed using data from Census Table QT-P3, Race and Hispanic or Latino Origin: 2010:
Race and Ethnicity Number Percent
Total Population 15,284 100
White 8,427 98.2
Black or African American 5,918 38.7
American Indian or Alaska Native 83 0.5
Asian 59 0.4
Native Hawaiian and Other Pacific Islander 3 0.0
Some other Race 518 3.4
Two or More Races 55 0.4
HISPANIC OR LATINO (of any race) 15,284 100
Mexican 754 4.9
Puerto Rican 44 0.3
Cuban 12 0.1
Other Hispanic or Latino 149 1.0
8.2 AGE & SEX
The following table was completed using data from Census Table QT-P1, Age Groups and Sex: 2010:
Age
Number Percent
Both sexes Male Female Both sexes Male Female
Total Population 39,464 19,137 20,327 100%100% 100%
Under 5 years 2,369 1,186 1,183 6.0 6.2 5.8
Under 18 years 9,114 4,662 4,452 23.1 24.4 21.9
18 to 64 years 24,357 11,946 12,411 61.7 62.4 61.1
65 years and over 5,993 2,529 3,464 15.2 13.2 17.0
Median Age 41.4 40.1 42.8
8.3 POVERTY
The following table was completed using data from Census Table S1701, Poverty Status in the Past 12 Months:
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Subject
Total Below poverty level Percent below poverty
level
Estimate
Margin of
Error +/- Estimate
Margin of
Error +/- Estimate
Margin of
Error +/-
Population for whom poverty status is
determined 38,780 +/-203 7,708 +/‐1,013 19.9% +/‐2.6
AGE
Under 18 8,632 +/-94 2,347 +/-418 27.2% +/-4.8
18 to 64 8,475 +/-170 2,190 +/-439 25.8% +/-5.0
65 years and over 23,818 +/-108 4,592 +/-673 19.3% +/-2.8
SEX
Male 18,874 +/-119 3,574 +/-537 18.9% +/-2.8
Female 19,906 +/-154 4,134 +/-594 20.8% +/-3.0
RACE AND HISPANIC OR LATINO ORIGIN
White alone 26,674 +/-308 3,742 +/-708 14.0% +/-2.6
Black or African American alone 10,634 +/-162 3,534 +/‐603 33.2% +/‐5.6
American Indian and Alaska Native alone 372 +/-104 110 +/-105 29.6% +/-21.9
Asian alone 158 +/-35 0 +/-25 0.0% +/-18.5
Native American and Other Pacific Islander
alone 0 +/-25 0 +/-25 - **
Some other Race alone 597 +/-255 234 +/-110 39.2% +/-19.4
Two or more races 345 +/-153 88 +/-82 25.5% +/-19.2
Hispanic or Latino Origin (of any race) 1,630 +/-30 549 +/-260 33.7% +/-16.0
RACE AND HISPANIC OR LATINO ORIGIN
All individuals below:
50 percent of poverty level 3,280 +/-544 (X) (X) (X) (X)
125 percent of poverty level 10,084 +/-1,077 (X) (X) (X) (X)
150 percent of poverty level 11,943 +/-1,008 (X) (X) (X) (X)
185 percent of poverty level 15,081 +/-999 (X) (X) (X) (X)
200 percent of poverty level 16,198 +/-972 (X) (X) (X) (X)
300 percent of poverty level 23,828 +/-1,022 (X) (X) (X) (X)
400 percent of poverty level 29,589 +/-792 (X) (X) (X) (X)
500 percent of poverty level 33,159 +/-686 (X) (X) (X) (X)
8.4 HOUSEHOLD INCOME
The following table was completed using data from Census Table S1901, Income in the Past 12 Months (In 2013 Inflation-
Adjusted Dollars):
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Subject
Households
Estimate Margin of Error +/-
Total 3,039 +/-220
Less than $10,000 17.1% +/-5.0
$10,000 to $14,999 14.9% +/-5.4
$15,000 to $24,999 27.3% +/-5.9
$25,000 to $34,999 12.5% +/-4.7
$35,000 to $49,999 12.8% +/-3.8
$50,000 to $74,999 7.8% +/-2.8
$75,000 to $99,999 4.5% +/-2.3
$100,000 to $149,999 2.2% +/-3.5%
$150,000 to $199,999 1.0% +/-0.7
$200,000 or more 0.0% +/-1.1
Median income (dollars) 21,076 +/-3,440
Mean income (dollars) 30,320 +/-2,887
8.5 POPULATION LOCATIONS
Federal-aid recipients are required to know the characteristics and locations of populations they serve, particularly by
race/ethnicity, poverty and limited English proficiency. This can be accomplished through maps that overlay boundaries
and demographic features on specific communities.
9.0 TITLE VI EQUITY ANALYSES (AND ENVIRONMENTAL JUSTICE ASSESSMENTS)
As required under FTA C 4702.1B and 4703.1, Title VI equity and environmental justice (EJ) analyses will be conducted
whenever we plan to construct (or modify) a facility, such as a vehicle storage facility, maintenance facility, operation
center, etc., or when there will be a change in fares. These studies will be conducted to see if the change could result in
either a disparate impact based on race, color or national origin (Title VI) or a disproportionately high and adverse impact
to minority and/or low-income populations (EJ). Thus, they will look at various alternatives before selecting a site for the
facility. Project-specific demographic data will be collected on potentially affected communities and their involvement in
associated decision-making activities will be documented. Specific studies will be made available to oversight agencies
during compliance reviews or to evidence our due diligence should a complaint be filed in relation to the location and effect
of a proposed facility or fare increases. Project-related equity and EJ studies will remain on file indefinitely.
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10.0 PUBLIC INVOLVEMENT
10.1 INTRODUCTION
Effective public involvement is a key element in addressing Title VI in decision-making. Recipients engaged in planning
and other decision-making activities must have a documented public participation process that provides adequate notice of
public participation activities, and early and continuous opportunities for public review and comment at key decision points.
Underlying these efforts is our commitment to determining the most effective outreach methods for a given project or
population.
This Public Participation Plan describes how Person Area Transportation System (PATS) will disseminate vital agency
information and engage the public by seeking out and considering the needs and input of interested parties and those
traditionally underserved by existing transportation systems, such as minority and limited English proficient persons, who
may face challenges accessing programs and other services. General public involvement practices will include:
Scheduling meetings at times and locations that are convenient and accessible for minority and LEP communities.
Employing different meeting sizes and formats.
Coordinating with community- and faith-based organizations, educational institutions, and other entities to implement
public engagement strategies that reach out specifically to members of affected minority and/or LEP communities.
Providing opportunities for public participation through means other than written communication, such as personal
interviews or use of audio or video recording devices to capture oral comments.
Considering radio, television, or newspaper ads on stations and in publications that serve LEP populations. Outreach
to LEP persons could also include audio programming available on podcasts.
10.2 PUBLIC NOTIFICATION
Passengers and other interested persons will be informed of their rights under Title VI and related authorities with regard to
our program. The primary means of achieving this will be posting and disseminating the policy statement and notice as
stipulated in Sections 3.0 and 4.0, respectively. Additional measures may include openly stating our obligations and the
public’s rights at meetings, placing flyers at places frequented by targeted populations, and an equal opportunity tag-on at
the end of radio announcements. The method of notification will be determined through an initial screening of the area.
10.3 DISSEMINATION OF INFORMATION
Information on Title VI and other programs will be crafted and disseminated to employees, contractors and subrecipients,
stakeholders, and the general public. Public dissemination efforts may vary depending on factors present, but will generally
include: posting public statements setting forth our nondiscrimination policy in eye-catching designs and locations; placing
brochures in public places, such as government offices, transit facilities, and libraries; having nondiscrimination language
within contracts; including nondiscrimination notices in meeting announcements and handouts; and displaying our Notice
of Nondiscrimination at all our public meetings.
At a minimum, nondiscrimination information will be disseminated on our website and on posters in conspicuous areas at
our office(s). Project-related information and our most current Title VI-related information will be maintained online.
10.4 MEETINGS AND OUTREACH
There is no one-size-fits-all approach to public involvement. A variety of comprehensive and targeted public participation
methods will be used to facilitate meaningful public involvement. Methods for engaging stakeholders and target audiences,
including traditionally underserved and excluded populations (i.e., minorities, youth, low-income, the disabled, etc.) will
include the following:
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Public Relations and Outreach
Public relations and outreach (PRO) strategies aim to conduct well-planned, inclusive and meaningful public participation
events that foster good relations and mutual trust through shared decision-making with the communities we serve.
We will seek out and facilitate the involvement of those potentially affected.
Public events will aim to be collaborative, fun, and educational for all, rather than confrontational and prescriptive.
Media plans will typically involve multiple channels of communication like mailings, radio, TV, and newspaper ads.
Abstract objectives will be avoided in meeting announcements. Specific “attention-grabbing” reasons to attend will be
used, such as “Help us figure out how to relieve congestion on [corridor name]” or “How much should it cost to ride the
bus? Let us know on [date].”
Efforts will be made to show how the input of participants can, or did, influence final decisions.
We will do our best to form decision-making committees that look like and relate to the populations we serve.
We will seek out and identify community contacts and partner with local community- and faith-based organizations
that can represent, and help us disseminate information to, target constituencies.
Demographic data will be requested during public meetings, surveys, and from community contacts and committee
members.
Public Meetings
“Public meeting” refers to any meeting open to the public, such as hearings, charrettes, open house and board meetings.
Public meetings will be conducted at times, locations, and facilities that are convenient and accessible.
Meeting materials will be available in a variety of predetermined formats to serve diverse audiences.
An assortment of advertising means may be employed to inform the community of public meetings.
Assistance to persons with disabilities or limited English proficiency will be provided, as required.
Small Group Meetings
A small group meeting is a targeted measure where a meeting is held with a specific group, usually at their request or
consent. These are often closed meetings, as they will typically occur on private property at the owner’s request.
If it is determined that a targeted group has not been afforded adequate opportunities to participate, the group will be
contacted to inquire about possible participation methods, including a group meeting with them individually.
Unless unusual circumstances or safety concerns exist, hold the meeting at a location of the target group’s choosing.
Share facilitation duties or relinquish them to members of the target group.
Small group discussion formats may be integrated into larger group public meetings and workshops. When this
occurs, the smaller groups will be as diverse as the participants in the room.
Community Surveying
Opinion surveys will occasionally be used to obtain input from targeted groups or the general public on their
transportation needs, the quality or costs of our services, and feedback on our public outreach efforts.
Surveys may be conducted via telephone, door-to-door canvassing, at community fairs, by placing drop boxes in ideal
locations, or with assistance from other local agencies like social services.
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10.5 SUMMARY OF THE LANGUAGE ASSISTANCE PLAN COMPONENTS
Limited English Proficient (LEP) persons refers to persons for whom English is not their primary language who have a
limited ability to read, write, speak, or understand English. It includes people who reported to the U.S. Census that they
speak English less than very well, not well, or not at all.
In an effort to comply with DOT’s LEP policy guidance and Executive Order 13166, this section of our public participation
plan outlines the steps we will take to ensure meaningful access to all benefits, services, information, and other important
portions of our programs and activities by individuals who are limited-English proficient. Accordingly, a four factor analysis
was conducted to determine the specific language services appropriate to provide, and to whom, to inform language
assistance planning and determine if our communication with LEP persons is effective.
Four Factor Analysis
This Four Factor Analysis is an individualized assessment that balances the following four factors:
(1) The number or proportion of LEP persons eligible to be served or likely to be encountered by a program, activity,
or service of the recipient or grantee;
(2) The frequency with which LEP individuals come in contact with the program;
(3) The nature and importance of the program, activity, or service provided by the recipient to people’s lives; and
(4) The resources available to the recipient and costs.
Item #1 – Results of the Four Factor Analysis (including a description of the LEP population(s)
served)
LANGUAGE SPOKEN AT HOME Estimate Margin of Error Percent of
Population Margin of Error
Total (population 5 years and over): 37,092 +/- 9 100% (X)
Speak only English 35,389 +/- 251 % +/- %
Spanish or Spanish Creole: 1,447 +/- 221 % +/- %
Speak English "very well" 824 +/- 203 % +/- %
Speak English less than "very well" 623 +/- 196 % +/- %
Factor 1 – Demography
Person Area Transportation System contracts with Human Services Organizations to help
provide transportation for the residents in Person County.
The US Census Bureau – American Fact Finder (2008‐2012) reports there are numerous
languages spoken in Person County. Some of these languages include Spanish, Asian, Chinese,
Korean, Filipino, and Vietnamese. After English, the second largest language group is Spanish.
The Safe Harbor Threshold is calculated by dividing the population estimate for a language
group that “speaks English less then very well” by the total population of the county. The LEP
Safe Harbor Threshold provision stipulates that for each LEP group that meets the LEP language
threshold (5% or 1,000 individuals, whichever is less), Person Area Transportation System must
provide translation of vital documents in written format for non‐English speaking persons.
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In Person County, with a population estimate of 39,409, 1812 persons have identified
themselves as Spanish speaking and “speaks English less than well”. This language group is less
than 1% and below the 5% or 1,000 person threshold. This means Person Area Transportation
System is not required to provide written translation of vital documents. All of the other
language groups listed above are also below the safe harbor threshold. This means, at this time,
Person Area Transportation System is also not required to provide written translation of vital
documents in these languages.
In the future, if Person Area Transportation System meets the Safe Harbor Threshold for any
language group, it will provide written translation of vital documents in such languages and also
consider measures needed for oral interpretation.
Factor 2 – Frequency
Person Area Transportation System will be trained on what to do when they encounter a
person that speaks English less than well. Person Area Transportation System will track the
number of encounters and consider making adjustments as needed to its outreach efforts to
ensure meaningful access to all persons and specifically to LEP and minority populations of
Person Area Transportation System’s programs and services.
Person Area Transportation System Annually distributes a simple survey card with two
questions in English and in Spanish:
1. What means of services do PATS provide for you?
2. How often a week are you using these services?
Person Area Transportation System has encountered (4) four LEP persons using the service
within the last six months.
Person Area Transportation System has an open door policy and will provide rides to any
person who requests a ride. If an individual has speech limitations, the dispatcher or driver will
work with the Transportation Manager, if needed to ensure the individual receives access to
the transportation service.
Factor 3 – Importance
Person Area Transportation System understands an LEP person with language barrier
challenges also faces difficulties obtaining health care, education or access to employment. A
transportation system is a key link to connecting LEP persons to these essential services.
Person Area Transportation System has identified activities and services which would have
serious consequences to individuals if language barriers prevented access to information or the
benefits of those programs. The activities and services include providing emergency evacuation
instructions in our facilities, stations and vehicles and providing information to the public on
security awareness or emergency preparedness. Twice a year we sent out Complementary
Service Surveys.
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1. Would you recommend Person Area Transportation System services to your family and
friends?
2. Would you recommend the Roxboro Uptown Shuttle to your family and friends?
3. Have you been satisfied with either/both services on a scale from 1 to 5, with 1 being
the lowest (not satisfied) and 5 being the highest (very satisfied).
Person Area Transportation System’s assessment of what programs, activities and services that
are most critical included contact with community organization(s) that serve LEP persons, as
well as contact with LEP persons themselves to obtain information on the importance of the
modes or the types of services that are provided to the LEP populations.
Factor 4 – Resources and Costs
Even though Person Area Transportation System does not have a separate budget for LEP
outreach, the county has worked with us to implement low cost methods of reaching LEP
persons. For example, the Person Area Transportation System has a Spanish speaking person on
staff at Department of Social Services that handles Medicaid Transportation. This has ensured
Person Area Transportation System can provide assistance to LEP Spanish‐speaking persons, if
needed. In addition, Person Area Transportation System works with local advocacy groups to
reach LEP populations.
Item # 2 ‐Description of how Language Assistance Services are Provided, by Language
Person Area Transportation System works with our Department of Social Services to ensure
mechanisms are in place to reach LEP persons in the service area. For example, the Person Area
Transportation System has a special brochure printed and is available to assist LEP populations
in understanding the transportation service.
Item # 3 ‐ Description of how LEP Persons are Informed of the Availability of Language
Assistance Service
Person Area Transportation System does the following to inform LEP persons of the availability
of language assistance services: publishing flyers telling how the system works in languages
other than English. Staff works with Health Department and Social Services to provide
information to LEP persons.
Person Area Transportation System will continue to reach out to LEP populations by visiting
local elder housing sites with concentrations of Latinos as well as local non‐English speaking
churches.
Item # 4 – Description of how the Language Assistance Plan is Monitored and Updated
Person Area Transportation System reviews its plan on an annual basis and meet with their
contract people at the Health Department and Department of Social Services. In particular,
Person Area Transportation System will evaluate the information collected on encounters with
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LEP persons as well as public outreach efforts to determine if adjustments should be made to
the delivering of programs and services to ensure meaningful access to minority and LEP
persons.
Item # 5 ‐ Description of the procedures PATS uses to ensure nondiscriminatory
administration of programs and services needs to be provided
Person Area Transportation System employees are oriented on the principles of Title VI and
Person Area Transportation System’s Language Assistance Plan. New employees will be
provided guidance on the needs of clients served and how best to meet their needs. Person
Area Transportation System will also educate its staff on Title VI requirements, and specifically
LEP provisions. An annual acknowledge form will be disseminated for evidence of
understanding.
An important discussion point is that of language assistance. If a driver, dispatcher or employee
needs further assistance related to LEP program participants, her/she will work with Person
Area Transportation System’s Transportation Manager to identify strategies to meet the
language needs of the participants of the program or service.
As part of our annual meeting, if relevant, Person Area Transportation System will meet with its
staff to discuss updates on Person Area Transportation System’s Language Assistance Plan.
10.6 Language Assistance Plan
As a result of the above four factor analysis, a Language Assistance Plan (LAP) was not required. However, reasonable
attempts will be made to accommodate any persons encountered who require written translation or oral interpretation
services.
Plan Components
As a recipient of federal US DOT funding, Person Area Transportation System is required to take
reasonable steps to ensure meaningful access to our programs and activities by limited‐English
proficient (LEP) persons.
Limited English Proficient (LEP): Refers to persons for whom English is not their primary
language and who have a limited ability to read, write, speak or understand English. This
includes those who have reported to the U.S. Census that they speak English less than very well,
not well, or not at all.
Person Area Transportation System’s Language Assistance Plan includes the following
elements:
1. The results of the Four Factor Analysis, including a description of the LEP population(s),
served.
2. A description of how language assistance services are provided by language
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3. A description of how LEP persons are informed of the availability of language assistance
service
4. A description of how the language assistance plan is monitored and updated
5. A description of how employees are trained to provide language assistance to LEP
persons
6. Additional information deemed necessary
Additional Required Elements
In addition to the Four Factor Analysis (listed below as item #1), the Person Area Transportation
System will address the following elements:
Item #2: A description of how language assistance services are provided by
language
Item #3: A description of how LEP persons are informed of the availability of
language assistance service
Item #4: A description of how the language assistance plan is monitored and
updated
Item #5: A description of how employees are trained to provide language
assistance to LEP persons
And, any additional information deemed necessary.
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Public Participation Plan
Subrecipient:
Contact
Person:
Signature
:
Date
:
Strategies and Desired Outcomes
To promote inclusive public participation, Person Area Transportation System will use its
resources available to employ the following strategies, as appropriate:
Provide for early, frequent and continuous engagement by the public.
Expand traditional outreach methods. Think outside the box: go to hair salons,
barbershops, street fairs, faith‐based institutions, libraries, etc.
Select accessible and varied meeting locations and times
Employ different meeting sizes and formats
Provide childcare and food during meetings, if possible.
Use social media in addition to other resources as a way to gain public involvement
Use radio, television or newspaper ads on stations and in publications that serve LEP
populations. Outreach to LEP populations may also include audio programming available
on podcasts.
Documented Public Outreach
The direct public outreach and involvement activities conducted by Person Area Transportation
System are summarized in the table below. Efforts include meetings, surveys, focus groups, etc.
Information pertinent to each event and/or activity will be provided to NCDOT upon request.
Examples include copies of: meeting announcements, agendas, posters, attendee list, etc.
Event Date
Person Area
Transportation
System
Staffer(s)
Event
Date Publicized
and
Communication
Method
(Public Notice,
Posters, Social Media)
Outreach
Method
(Meeting,
Focus Group,
Survey, etc).
Notes
(Meeting size and
format, location,
Number of
Attendees,etc.)
11/21/2016 Kathy Adcock Kiwanis Public Notice Focus Group 26/ Roxboro, NC
1/5/2017 Kathy Adcock SC Aging Plan Public Notice/Social Meeting 18 / Roxboro, NC
1/13/2017 Kathy Adcock Roots &
Wings
Public Notice Focus Group 12/ Roxboro, NC
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10.7 Demographic Request
The following form was used to collect required data on Key Community Contacts and nonelected committee members. A
single copy of the “Demographic Request” form is located in Appendix E
Person Area Transportation System is required by Title VI of the Civil Rights Act of 1964 and related authorities to
record demographic information on members of its boards and committees. Please provide the following
information:
Race/Ethnicity:
White
Black/African American
Asian
American Indian/Alaskan Native
Native Hawaiian/Pacific Islander
Hispanic/Latino
Other (please specify): __________________
National Origin: (if born outside the U.S.)
Mexican
Central American: _____________________
South American: ____________________
Puerto Rican
Chinese
Vietnamese
Korean
Other (please specify): __________________
Gender: Male Female Age:
Less than 18 45-64
18-29 65 and older
30-44 Disability: Yes No
I choose not to provide any of the information requested above:
Completed forms will remain on file as part of the public record. For more information regarding Title VI or this
request, please contact the Person Area Transportation System at 336-597-1771 or by Fax: 336-330-2311
Please sign below acknowledging that you have completed this form.
Thank you for your participation!
Name (print): _________________________________________________________
Signature: ___________________________________________________________
Implementation
Forms will be completed prior to triennial Title VI compliance reviews and remain on file for three years.
All new and existing members of appointed decision-making boards or committees will be required to complete
this form for reporting purposes.
If a member, for whatever reason, selects “I choose not to provide any of the information requested above,” they
will have also completed the form.
If a member chooses not to provide any of the information on the form, the Title VI Coordinator will be permitted to
indicate that member’s race and gender, based on the Coordinator’s best guess.
Data from these forms will be used to complete the Demographic Request Table in Appendix E
Once a new member submits this form, the Demographic Request Table for the associated committee will be
updated.
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10.8 TRANSPORTATION ADVISORY BOARD (TAB)
TAB Member’s Name Role or Position Interest or Affiliation Appointed or
Selected
Tracey Kendrick Member Elected Official Appointed
Melinda Hudson President Department of Social Services Selected
Lisa Jeffreys Secretary Person Industries Selected
Treco Lea-Jeffreys Member Head Start Program Selected
Maynell Harper Member Senior Center Services Selected
Leigh Ann Creason Member Health Department Selected
Stuart Gilbert Member Economic Development Selected
Mike Ciriello Member RPO Rep Selected
Will Davis Member Other Selected
John Hill Member Parks and Recreation Selected
Contact information for key community contacts is not public information and is maintained outside of this document. Any
staff member who wishes to contact anyone listed above must request that information from the Title VI Coordinator.
10.9 SUMMARY OF OUTREACH EFFORTS MADE SINCE THE LAST TITLE VI PROGRAM SUBMISSION
The following format will be used to report all outreach efforts made since our last NCDOT Title VI Compliance Review. All
meetings and disseminations of information shall enable collection of information for the table below:
Meeting Date Meeting Time Meeting Purpose Target Audience Information Disseminated
11 STAFF TRAINING
All employees will receive basic Title VI training at least once every three years. New hires will receive this training within
15 days of their start date. Basic training will cover all sections of this Plan and our overall Title VI obligations. Staff may
receive specialized training on the application of Title VI in their specific work areas. Those who routinely encounter the
public, such as office personnel, call center staff, and vehicle drivers, will receive annual refresher training. Trainings will
be provided or organized by the Title VI Coordinator, and will often coincide with updates to our nondiscrimination policies
and procedures. Records of staff trainings will be remain on file for at least three years (and in personnel files), and will
include agendas, sign-in sheets, copies of calendars, and any certificates issued.
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12 NONELECTED BOARDS AND COMMITTEES – BY RACE AND GENDER
The table below depicts race and gender compositions for each of our nonelected (appointed) decision-making bodies.
Refer to Appendix F Minority Representation Information Form for member names and full demographics for each
committee.
Body
Male % Female
%
Caucasian
%
African
American
%
Asian
American
%
Native
American
%
Other % Hispanic
%
Service Area Population
Transit Advisory Board 50% 50% 80% 10% 10%
Strategies for Representative Committees
We will seek minority participation and strive for committees that are representative of our constituencies by:
Openly asking public and small group meeting participants if they would be interested in serving on a committee.
Seeking referrals from local organizations and key community contacts that serve or represent minorities.
Exploring different types of committees, such as ad hoc minority- or youth-only Citizen Advisory Committees.
Outreach efforts and responses (or lack thereof from those asked to serve or refer others) will be documented.
13 RECORD-KEEPING AND REPORTS
Records will be kept to document compliance with the requirements of the Title VI Program. Unless otherwise specified,
Title VI-related records shall be retained indefinitely. These records will made available for inspection by authorized
officials of the NCDOT and/or FTA. As a subrecipient of FTA funds through NCDOT, we are required to submit a Title VI
Program update to NCDOT every three years, the next of which is due in 2020. Reports on Title VI-related activities and
progress to address findings identified in civil rights compliance reviews and assessments may also be submitted on an
as-requested basis. It will occasionally be necessary to update this program plan and its component parts (e.g.,
complaints, Public Involvement, and LEP), applicable documents, and responsible officials. Updates will be submitted to
NCDOT for review and approval.
In addition to other items throughout this plan, records and reports due at the time of compliance reviews or
investigations will include:
Compliance Reviews
Title VI Program Plan
List of civil rights trainings provided or received
Summaries from any internal reviews conducted
Ads and notices for specific meetings
Findings from reviews by any other external
agencies
Title VI equity analyses and EJ assessments
Discrimination Complaints Log
Complaint Investigations
Investigative Reports
Discrimination complaint, as filed
List of interviewees (names and affiliations)
Supporting Documentation (e.g., requested items,
photos taken, dates and methods of contact, etc.)
[Any PTD reporting expectations, such as related quarterly or annual reports, public outreach or actual LEP expenses,
etc…]
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Appendix A
Applicable Nondiscrimination Authorities
During the implementation of this Title VI Program, the organization, for itself, its assignees and successors in interest, is
reminded that it has agreed to comply with the following non-discrimination statutes and authorities, including but not
limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis
of race, color, national origin); and 49 CFR Part 21.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits
unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid
programs and projects);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the
basis of disability); and 49 CFR Part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of
age);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of
the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-
aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the
operation of public entities, public and private transportation systems, places of public accommodation, and certain
testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R.
parts 37 and 38;
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in
education programs or activities (20 U.S.C. 1681 et seq).
Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq., Pub. L. 88-352), (prohibits employment
discrimination on the basis of race, color, religion, sex, or national origin);
49 CFR Part 26, regulation to ensure nondiscrimination in the award and administration of DOT-assisted contracts in
the Department's highway, transit, and airport financial assistance programs;
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income
Populations, which ensures discrimination against minority populations by discouraging programs, policies, and
activities with disproportionately high and adverse human health or environmental effects on minority and low-income
populations;
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting
agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP).
To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful
access to your programs (70 Fed. Reg. at 74087 to 74100);
Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
Airport and Airway Improvement Act of 1982, (49 USC § 4 71, Section 4 7123), as amended, (prohibits discrimination
based on race, creed, color, national origin, or sex);
The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the
basis of race, color, national origin, and sex).
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37 Appendix B Organizational Chart ORGANIZATIONAL STRUCTURE Fiscal Year __________ County Manager General Services Director Transportation Advisory Board Transit Manager Senior Administrative Support Assistant Clerk / Dispatcher Dispatcher Transit Specialist 87
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Appendix C
NCDOT’s Compliance Review Checklist for Transit
I. Program Administration (General Requirements)
Requirement: FTA C 4702.1B – Title VI Requirements and Guidelines for FTA Recipients, Chapter III – General Requirements and Guidelines.
Note: Every NCDOT subrecipient receiving any of the FTA Formula Grants listed above must complete this section.
Requested Items
(Please attach electronic documents (.pdf, .doc, etc.) or provide links to online versions) Completed
1. A copy of the recipient’s signed NCDOT’s Title VI Nondiscrimination Agreement
2. Title VI Policy Statement (signed)
3. Title VI Notice to the Public, including a list of locations where the notice is posted
4. Type the name and title of your Title VI Coordinator and attach a list of their Title VI duties
Kathy Adcock/Transit Manager:
5. Title VI Complaint Procedures (i.e., instructions to the public regarding how to file a Title VI
discrimination complaint)
6. Title VI Complaint Form
7. List of transit-related Title VI investigations, complaints, and lawsuits (i.e., discrimination
complaints log)
8. Public Participation Plan, including information about outreach methods to engage traditionally
underserved constituencies (e.g., minorities, limited English proficient populations (LEP), low-
income, disabled), as well as a summary of outreach efforts made since the last Title VI Program
submission
9. Language Assistance Plan for providing language assistance to persons with limited English
proficiency (LEP), based on the DOT LEP Guidance, which requires conducting four-factor
analyses
10. A table depicting the membership of non-elected committees and councils, the membership of
which is selected by the recipient, broken down by race, and a description of the process the
agency uses to encourage the participation of minorities on such committees
11. A copy of board meeting minutes, resolution, or other appropriate documentation showing the
board of directors or appropriate governing entity or official(s) responsible for policy decisions
reviewed and approved the Title VI Program
12. A description of the procedures the agency uses to ensure nondiscriminatory administration of
programs and services
13. If you pass through FTA funds to other organizations, include a description of how you
monitor your subrecipients for compliance with Title VI, and a schedule for your subrecipients’
Title VI Program submissions.
No Subrecipients
14. A Title VI equity analysis if you have constructed or conducted planning for a facility, such
as a vehicle storage facility, maintenance facility, operation center, etc.
No Facilities Planned or Constructed
15. Copies of environmental justice assessments conducted for any construction projects during
the past three years and, if needed based on the results, a description of the program or other
measures used or planned to mitigate any identified adverse impact on the minority or low-
income communities
No Construction Projects
88
39
16. If the recipient has undergone a Title VI Compliance Review in the last 3 years, please indicate
the year of the last review and who conducted it. Year/Agency:
II. Transit Providers
Requirement: FTA C 4702.1B, Chapter IV – Requirements and Guidelines for Fixed Route Transit Providers.
Note: All NCDOT subrecipients that provide fixed route public transportation services (e.g., local, express or commuter bus; bus rapid
transit; commuter rail; passenger ferry) must complete this section.
Not Applicable (Check this box if you do not provide fixed route services, and skip questions 17 and 18. This section
does not apply to you if you only provide demand response services.)
Requested Items
(Please attach electronic documents (.pdf, .doc, etc.) or provide links to online versions) Completed
17. Service standards (quantitative measures) developed for each specific fixed route mode that the
recipient provides (standards may vary by mode) must be submitted for each of the following
indicators:
Vehicle load for each mode (Can be expressed as the ratio of passengers to the total number of seats on a
vehicle. For example, on a 40-seat bus, a vehicle load of 1.3 means all seats are filled and there are approximately 12
standees.)
Vehicle headway for each mode (Measured in minutes (e.g., every 15 minutes), headway refers to the
amount of time between two vehicles traveling in the same direction on a given line or combination of lines. A shorter
headway corresponds to more frequent service. Service frequency is measured in vehicles per hour (e.g., 4 buses per
hour).)
On time performance for each mode (Expressed as a percentage, this is a measure of runs completed as
scheduled. The recipient must define what is considered to be “on time.” Performance can be measured against route
origins and destinations only, or against origins and destinations as well as specified time points along a route.)
Service availability for each mode (Refers to a general measure of the distribution of routes within a transit
provider’s service area, such as setting the maximum distance between bus stops or train stations, or requiring that a
percentage of all residents in the service area be within a one-quarter mile walk of bus service. )
18. Service policies (system-wide policies) adopted to ensure that service design and operations
practices do not result in discrimination on the basis of race, color or national origin, must be
submitted for each of the following:
Transit amenities for each mode (e.g., benches, shelters/canopies, printed materials, escalators/elevators,
and waste receptacles. NOTE: Attach this information only if you have decision-making authority over siting transit
amenities or you set policies to determine the siting of amenities.)
Vehicle assignment for each mode (Refers to the process by which transit vehicles are placed into service
throughout a system. Policies for vehicle assignment may be based on the type or age of the vehicle, where age
would be a proxy for condition, or on the type of service offered.)
89
40
Appendix D
Annual Education and Acknowledgement Form
Title VI Nondiscrimination Policy
(Title VI and related nondiscrimination authorities)
No person shall, on the grounds of race, color, national origin, sex, age, or disability, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or activity
of a Federal-aid recipient.
All employees and representatives of Person Area Transportation System are expected to consider,
respect, and observe this policy in their daily work and duties. If any person approaches you with a civil
rights-related question or complaint, please direct him or her to Kathy Adcock at (336) 330-2207.
In all dealings with the public, use courtesy titles (e.g., Mr., Mrs., Miss, Dr.) to address or refer to them
without regard to their race, color, national origin, sex, age or disability.
Acknowledgement of Receipt of Title VI Program
I hereby acknowledge receipt of Person Area Transportation System’s Title VI Program and other
nondiscrimination guidelines. I have read the Title VI Program and I am committed to ensuring that no
person is excluded from participation in or denied the benefits of Person Area Transportation System
programs, policies, services and activities on the basis of race, color, national origin, sex, age, or disability,
as provided by Title VI of the Civil Rights Act of 1964 and related nondiscrimination statutes.
__________________________________________ ____________________
Your Signature Date
90
41
Appendix E
DEMOGRAPHIC REQUEST
Person Area Transportation System is required by Title VI of the Civil Rights Act of 1964 and related authorities to
record demographic information on members of its boards and committees. Please provide the following information:
Race/Ethnicity:
White
Black/African American
Asian
American Indian/Alaskan Native
Native Hawaiian/Pacific Islander
Hispanic/Latino
Other (please specify): ____________________
National Origin: (if born outside the U.S.)
Mexican
Central American: ____________________
South American: ____________________
Puerto Rican
Chinese
Vietnamese
Korean
Other (please specify): ____________________
Gender: Male Female Age:
Less than 18 45-64
18-29 65 and older
30-44 Disability: Yes No
I choose not to provide any of the information requested above:
Completed forms will remain on file as part of the public record. For more information regarding Title VI or this
request, please contact the Person Area Transportation System at (336) 597-1771 or by email at
kadcock@personcounty.net.
Please sign below acknowledging that you have completed this form.
Thank you for your participation!
Name (print): _________________________________________________________
Signature: ___________________________________________________________
91
42
Appendix F
Minority Representation Data Collection Form
Name of board, commission, council, etc.
Date:
Dear Member,
Person Area Transportation System is a recipient of federal funds, we are required under Title
VI of the Civil Rights statue to ascertain the racial/ethnic make‐up of our Transportation
Advisory board.
Data from this section is used for statistical and reporting purposes. The information may be
subject to disclosure under federal or state law or rule.
Anti‐Discrimination Notice
It is unlawful for Person Area Transportation System to fail or refuse to provide services, access
to services or activities, or otherwise discriminate against an individual because of an
individual’s race, color, religion, sex, national origin, disability or veteran status.
As a member of advisory board of Person Area Transportation System, we invite board
members to voluntarily self‐identify their race/ethnicity in order for us to comply with FTA Title
VI regulations. This information will be used according to the provisions of applicable federal
and state laws, executive orders and regulations, including those requiring the information to
be summarized and reported to the federal government for civil rights enforcement purposes.
Race/Ethnicity
If you choose to self‐identify, please mark the one box describing the race/ethnicity category
with which you primarily identify:
___ Asian or other Pacific Islander: All persons having origins in any of the peoples of the Far
East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. This area includes,
for example, China, Japan, Korea, Philippine Islands and Samoa.
___ Black and/or African American (not of Hispanic origin): All persons having origins in any of
the Black racial groups of Africa.
___ Hispanic or Latino: All persons of Mexican, Puerto Rican, Cuban, Central or South
American, or other Spanish culture or origin, regardless of race.
___ American Indian or Alaskan Native: All persons having origins in any of the original peoples
of North America, and who maintain cultural identification through tribal affiliation or
community recognition.
___ White or Caucasian (not of Hispanic origin): All persons having origins in any of the original
peoples of Europe, North Africa or the Middle East.
92
AGENDA ABSTRACT
Meeting Date: November 20, 2017
Agenda Title: Consideration of Approval of Late Exemption Applications
Summary of Information:
Every year, the tax office receives applications for the Senior, Disabled, Veteran, and Circuit
Breaker exemptions that fail to meet the June 1st deadline.
In an effort to help inform the public of these exemptions, the tax office mailed information
along with our listing forms to 6,000 citizens. We also developed brochures for all three
exemption programs which made these programs easier to understand, and passed out over 500
copies. We also included information about these exemptions on the county web site and access
to an on-line application form.
These efforts resulted in 88 new applications, with 51 approved applications, 23 denied
applications (17 were over the income limit, 3 did not complete application, and 3 were not their
primary residence) and 14 late applications.
The 14 late applications would have been approved if they had been received by the tax office by
June 1st. These applications met all requirements, however since these were late, they could not
be approved by the tax office.
The Board of Commissioners may approve late applications if they are received by December
31st. Since these applications met all guidelines (other than the application deadline), I would
recommend approval.
I have included a spreadsheet that outlines the tax impact and the reasons for the late
applications. I have not included the applications since they include social security numbers and
income information.
Currently, we have 724 properties that are receiving benefit from these exemptions, which does
not include the 14 applications that are submitted for approval today.
Recommended Action: Approve applications if appropriate
Submitted By: Russell Jones, Tax Administrator
93
TaxpayerApplication TypeApplication DateReason for Late ApplicationMap NumberTax ValueCounty BillCity BillTotal BillTax ValueCounty BillCity BillNew BillSavingsBeatty, Gladys VElderly9/13/2017Did not know deadlineA20 5783,468584.28584.2845,812320.68320.68263.60Bottoms, Alan B & FrancesVeteran10/24/2017Did not know deadlineA27 34131,181918.27918.2786,181603.27603.27315.00Bryant, Roland F & DonnaVeteran6/15/2017Did not know deadlineA63 377191,2841,338.991,338.99146,2841,023.991,023.99315.00Bowling, Peggy AElderly10/3/2017Did not know deadline73 6584,941594.59594.5943,884307.19307.19287.40Currier, James T & Mildred AElderly8/4/2018Did not know deadline27 6 167,808474.66454.31928.9734,154239.08228.83467.91461.06Evans, John DElderly10/2/2017Did not know deadline137 13C81,281568.97568.9741,259288.81288.81280.15Graves, JoelVeteran8/31/2017Found out while at VA82 391,291639.04611.651,250.6946,291324.04310.15634.19616.50Kirby, Katie TElderly9/13/2017Did not know deadline98 48132,682928.77888.971,817.7466,387464.71444.79909.50908.24Long, AllineElderly8/7/2017Did not know deadline79 16129,704907.93907.9364,852453.96453.96453.96Long, Shannon D & AnJanetteVeteran9/14/2017Did not know deadlineA74 181281,3901,969.731,969.73236,3901,654.731,654.73315.00Pergerson, AnnElderly8/24/2017Did not know deadline105 2103,581725.07725.0753,635375.45375.45349.62Potter, BrettDisabled10/18/2017Waiting on DoctorA72 12624,900174.30174.30580.410.41173.89Wade Donald S & JoanElderly6/12/2017IllnessA29 10153,7831,076.481,076.4877,332541.32541.32535.16Woodlief, Alice EElderly8/10/2017Did not know deadline126 22113,180792.26792.2656,590396.13396.13396.1311,693.321,954.9313,648.256,993.76983.777,977.545,670.72Total County Tax Saving to Taxpayer4,699.56Total City Tax Saving to Taxpayer971.16Total Saving To Taxpayer5,670.72Before ExemptionAfter Exemption94
AGENDA ABSTRACT
Meeting Date: November 20, 2017
Agenda Title: Tax Adjustments for November 2017
Summary of Information: Attached please find the tax releases and motor vehicle pending
refunds:
1. November 2017 tax releases.
2. November 2017 North Carolina Vehicle Tax System (NCVTS) pending refunds.
Recommended Action: Motion to accept reports and authorize refunds.
Submitted By: Russell Jones, Tax Administrator
95
NAME BILL NUMBER OPER DATE/TIME DISTRICT VALUE AMOUNT
16035101 2017-5543 DY: RP:A63 53 SRJ 10/6/2017 11:57:09 AM
RIVEROAKS HOMEOWNERS ASSOC
SW30FFEEFEE 0.00 128.00
TOTAL RELEASES:128.00
18116 2016-54367 DY: RP:92 28 SRJ 10/6/2017 1:51:43 PM
OAKLEY HARRY L II & CLARK H
SW30FFEEFEE 0.00 3.03
TOTAL RELEASES:3.03
375306 2017-11401 DY: RP:35 9 SRJ 10/18/2017 4:15:20 PM
HOLT PAMELA HESTER
APPRAISER ADJUSTED BUILDING C ADVLTAX 31,734.00 222.14
APPRAISER ADJUSTED BUILDING CI50ADVLTAX 31,734.00 212.62
HOUSE RAZED ON 10/6/2016 PER
TAXPAYER AND CM SOLOMON INVOICE
TOTAL RELEASES:434.76
12603116 2016-53545 DY: RP:A93 85 SRJ 10/20/2017 12:03:42 PM
MARTIN DARRYL M
LIEN FEE ADJUSTMENT C ATTYFEE 0.00 350.00
ALSO CHARGED ON RECORD 2012-45104.
DOUBLE CHARGED.
TOTAL RELEASES:350.00
14090979 2017-28242 DY: RP:A63 397 SRJ 10/23/2017 1:19:14 PM
CITY OF ROXBORO
C ADVLTAX 55,581.00 389.07
TOTAL RELEASES:389.07
5062116 2016-53524 DY: RP:A55 7 SRJ 10/24/2017 1:19:58 PM
DOWNEY JOHNNY J ESTATE
C ADVTFEE 0.00 50.00
TOTAL RELEASES:50.00
5062116 2016-53524 DY: RP:A55 7 SRJ 10/24/2017 1:21:43 PM
DOWNEY JOHNNY J ESTATE
C ADVTFEE 0.00 -50.00
TOTAL RELEASES:-50.00
5062116 2016-53524 DY: RP:A55 7 SRJ 10/24/2017 1:23:49 PM
DOWNEY JOHNNY J ESTATE
C ADVTFEE 0.00 50.00
TOTAL RELEASES:50.00
19620302 2017-11491 DY: RP:A27 250 SRJ 11/9/2017 12:09:34 PM
WILBORN CHARLES J & CICELY O
APPRAISER ADJUSTED BUILDING C ADVLTAX 68,109.00 476.76
ADJUSTED SQ FOOTAGE, REVIEWED FEE
APPRAISAL
TOTAL RELEASES:476.76
NET RELEASES PRINTED:1,831.62
TOTAL TAXES RELEASED 1,831.62
RUN DATE: 11/12/2017 5:44 PM RELEASES REPORT
Person County
96
C ADVLTAX - County Tax
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2017 2017 155,424 0 155,424 1,087.97 0.00 0 0.00 155,424 1,087.97
DIST TOTAL 155,424 0 155,424 1,087.97 0.00 0 0.00 155,424 1,087.97
C ADVTFEE - ADVERTISING FEE
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2016 2016 0 0 0 50.00 0.00 0 0.00 0 50.00
DIST TOTAL 0 0 0 50.00 0.00 0 0.00 0 50.00
C ATTYFEE - ATTORNEY FEE
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2016 2016 0 0 0 350.00 0.00 0 0.00 0 350.00
DIST TOTAL 0 0 0 350.00 0.00 0 0.00 0 350.00
CI50ADVLTAX - City of Roxboro
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2017 2017 31,734 0 31,734 212.62 0.00 0 0.00 31,734 212.62
DIST TOTAL 31,734 0 31,734 212.62 0.00 0 0.00 31,734 212.62
SW30FFEEFEE - Stormwater
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2016 2016 0 0 0 3.03 0.00 0 0.00 0 3.03
2017 2017 0 0 0 128.00 0.00 0 0.00 0 128.00
DIST TOTAL 0 0 0 131.03 0.00 0 0.00 0 131.03
GRAND TOTALS:187,158 0 187,158 1,831.62 0.00 0 0.00 187,158 1,831.62
RUN DATE: 11/12/2017 5:44 PM RELEASES REPORT
Person County
97
Payee NameAddress 3Refund Type Refund ReasonCreate Date Tax Jurisdiction Levy Type Total Change01Tax($6.37)50Tax($6.10)50 Vehicle Fee ($20.00)$32.4701Tax($96.02)$96.0201Tax($23.77)$23.7701Tax($124.83)$124.8301Tax($13.88)50Tax($13.29)50 Vehicle Fee$0.00$27.1701Tax($41.02)$41.0201Tax($20.30)$20.3001Tax($54.03)$54.0301Tax($39.51)$39.5101Tax($28.07)$28.0701Tax($44.24)$44.2401Tax($4.67)$4.6701Tax($180.83)$180.8301Tax($43.83)$43.8301Tax($155.35)$155.3501Tax($64.70)$64.7001Tax($77.99)$77.9901Tax($12.83)$12.8301Tax($43.77)$43.7701Tax($38.56)$38.56MELTON, ELLEN FLOWERS ROXBORO, NC 27574Proration Vehicle Sold 10/30/2017MCCAIN, JOHNETTA TOKELA TIMBERLAKE, NC 27583Proration Vehicle Totalled10/16/2017HOLLOWAY, ANGEL NICOLE ROXBORO, NC 27574Proration Vehicle Totalled10/25/2017GRIESCH, MATTHEW STEVEN ROXBORO, NC 27574Proration Vehicle Sold 10/31/2017GOING, TINA PATRICIA TIMBERLAKE, NC 27583Proration Vehicle Totalled11/07/2017FOX, GERALD RAY ROXBORO, NC 27574Proration Tag Surrender10/27/2017FOWLER, WILLIAM CRAIG CARY, NC 27518Adjustment < $100Over Assessment10/09/2017FLORENCE, ANDREW RICHARD TIMBERLAKE, NC 27583Proration Vehicle Sold 10/09/2017EAKES, SANDRA KNOTT TIMBERLAKE, NC 27583Proration Vehicle Sold 11/09/2017DANNY M PHILLIPS MD PLLC ROXBORO, NC 27574Proration Vehicle Sold 10/16/2017COOLEY, KEITH MARTIN TIMBERLAKE, NC 27583 Adjustment < $100Over Assessment10/09/2017CONNER, TONY ALLEN TIMBERLAKE, NC 27583 Adjustment < $100Over Assessment10/18/2017CLEMENT CONSTRUCTION COMPANY INC TIMBERLAKE, NC 27583 Adjustment < $100Over Assessment11/07/2017CLAYTON, TRACI MARIE ROXBORO, NC 27574Proration Vehicle Totalled11/02/2017CLAYTON, REBECCA LEA ROXBORO, NC 27574Proration Vehicle Sold 10/09/2017CLAYTON, DONALD KEITH ROXBORO, NC 27574Proration Vehicle Sold 10/31/2017CHAMBERS, KEVIN LEE TIMBERLAKE, NC 27583Proration Vehicle Sold 10/12/2017BOWES, JAMES BEAM ROXBORO, NC 27573Proration Vehicle Sold 10/12/2017BOWES, JAMES BEAM ROXBORO, NC 27573Proration Vehicle Sold 10/09/2017BAKER, KOURTNEY CIERRA ROXBORO, NC 27573Proration Vehicle Sold 10/10/201798
Payee NameAddress 3Refund Type Refund ReasonCreate Date Tax Jurisdiction Levy Type Total Change01Tax$0.0050Tax($130.65)50 Vehicle Fee ($20.00)$150.6501Tax($8.12)50Tax($7.77)50 Vehicle Fee ($20.00)$35.8901Tax($37.38)$37.3801Tax($9.46)$9.4601Tax($55.18)$55.1801Tax($6.30)$6.3001Tax($5.45)$5.4501Tax($2.82)$2.8201Tax($23.24)$23.2401Tax($7.91)50Tax($7.57)50 Vehicle Fee$0.00$15.4801Tax($6.36)$6.3601Tax($58.97)$58.9701Tax($20.58)$20.5801Tax($2.59)$2.5901Tax($23.23)$23.2301Tax($1.75)$1.7501Tax($80.15)$80.1501Tax($40.37)$40.37WRENN, WILLIAM WARREN ROXBORO, NC 27574Proration Vehicle Sold 11/01/2017WORLEY, TERRY CLEVELAND ROXBORO, NC 27574Proration Vehicle Sold 10/31/2017WOODS, ROBERT LOUIS ROXBORO, NC 27574 Adjustment < $100Over Assessment10/18/2017WINSTEAD, JERRY ANDERSON ROXBORO, NC 27574Proration Vehicle Sold 10/18/2017WHITFIELD, NELL LONG HURDLE MILLS, NC 27541 Proration Vehicle Sold 11/07/2017WELLS, MARY BERNICE ROXBORO, NC 27573Proration Vehicle Sold 10/24/2017WEBB, WENDY JO ROXBORO, NC 27574Proration Vehicle Sold 10/18/2017WALLACE, GREGORY HAMILTON TIMBERLAKE, NC 27583Proration Vehicle Sold 10/19/2017TORRES, KHADIJA SAMIRA ROXBORO, NC 27573Proration Insurance Lapse10/09/2017TERRELL, DONNIE RAY TIMBERLAKE, NC 27583 Adjustment < $100Damage 10/30/2017SPARROW, THOMAS BLACKWELL ROUGEMONT, NC 27572Proration Vehicle Sold 11/07/2017SPARKS, CHRISTOPHER ADAM TIMBERLAKE, NC 27583Proration Vehicle Sold 10/30/2017ROBERTS, ALICE WILLIAMS ROXBORO, NC 27574Proration Vehicle Totalled10/16/2017RAGLAND, GLORIA BUMPASS ROXBORO, NC 27574Proration Vehicle Totalled10/23/2017PULLIAM, ROBIN BOWES ROUGEMONT, NC 27572Proration Vehicle Sold 11/06/2017ONEAL, STEVEN EDWARD TIMBERLAKE, NC 27583Proration Vehicle Sold 11/06/2017NEW BEGINNINGS BAPTIST CHURCH OF ROXBORO NC ROXBORO, NC 27573 Adjustment < $100Exempt Property11/07/2017MINOR, JOSHUA PAIGE HURDLE MILLS, NC 27541 Adjustment >= $100Situs error 10/18/201799
AGENDA ABSTRACT
Meeting Date: Nov 20, 2017
Agenda Title: VFD funding
Background information:
The Board requested that staff begin budget discussions with the VFD’s earlier this year in an effort
to develop a funding plan for FY19.
Summary of Information:
Staff met with representatives from the VFD’s and attended a VFD meeting on Oct. 26th. The
VFD request is for an additional $512,374 (does not include City of Roxboro fire funding) in
operating funding for FY19, which could be paid for with revenues from a fire tax.
Without a fire tax, tax increase, or significant cut to other services, this amount of increased
funding is not feasible.
VFD representatives will present their funding request for FY19.
As an alternative, staff has developed a potential funding plan that allows for incremental
increases over time. The first year would provide a 10% increase in overall funding to the
VFD’s. The formula would provide $49,999 for the first station and $45,000 for the second
station and increase capital funding to $10,000 per station. In addition, all VFD’s would be
eligible for a $10,000 bonus for each ISO rating reduction. The total increase in funding could be
approximately $214K.
Recommended Action: Discuss and provide feedback
Submitted By: Assistant County Manager, Sybil Tate
100
NET TAXABLE VALUES USING RECORD NUMBERS PROVIDED BY GIS
Response District
Contracted Emergency
Service Funding 2018-
2019 Base Rate
Percent of taxable value Increase over 2018-2019
Base Rate
Contracted Emergency
Service Funding 2018-
2019
Contracted Emergency
Service Funding 2017-
2018
VFD and Rescue Capital
Reserve Fund 2017-2018
Increase above 2017-
2018 Budget
Rescue 75,000.00$ 0.0000%-$ 75,000.00$ 45,888.00$ 7,250.00$ 21,862.00$
Woodsdale 105,000.00$ 5.0939%30,529.65$ 135,529.65$ 89,298.00$ 14,500.00$ 31,731.65$
Allensville 60,000.00$ 3.9339%23,577.59$ 83,577.59$ 45,291.00$ 7,250.00$ 31,036.59$
Triple Springs 60,000.00$ 5.8929%35,318.59$ 95,318.59$ 48,880.00$ 7,250.00$ 39,188.59$
Moriah 105,000.00$ 7.6188%45,662.66$ 150,662.66$ 90,469.00$ 14,500.00$ 45,693.66$
Semora 30,000.00$ 7.4948%44,919.25$ 74,919.25$ 16,052.00$ 3,625.00$ 55,242.25$
Hurdle Mills 105,000.00$ 11.1836%67,027.74$ 172,027.74$ 90,590.00$ 14,500.00$ 66,937.74$
Timberlake 60,000.00$ 19.1138%114,556.08$ 174,556.08$ 62,229.00$ 7,250.00$ 105,077.08$
Ceffo 105,000.00$ 19.2993%115,667.84$ 220,667.84$ 90,563.00$ 14,500.00$ 115,604.84$
Roxboro (PC 1)271,000.00$ 20.3689%122,078.63$ 393,078.63$ 381,443.00$ -$ 11,635.63$
TOTAL 976,000.00$ 100.0000%599,338.03$ 1,575,338.03$ 960,703.00$ 90,625.00$ 524,010.03$
Total: $1,051,328.00
NET TAXABLE VALUES USING RECORD NUMBERS PROVIDED BY GIS
Items Cost per Item Number needed Total
12 Stations $485,000 12 $5,820,000
Engine and Equipment $450,000 11 $4,950,000
Tanker and Equipment $400,000 11 $4,400,000
Rescue Truck $400,000 2 $800,000
Rescue Boat $18,000 2 $36,000
Total $16,006,000
Staffing New Stations Labor Rate per Year Number of Personnel Total
$50,000 108 $5,400,000
Proposed Contracted Emergency Service Tax 0.0425 For 3 Year Contact
Personnel (3 per shift
with 3 shifts)
Note: this would equal
0.1230 Tax to Cover
Labor per Year out of
General Fund
Note: At the Current
Budget Amount for 2017-
2018 it would take 17
years at a 1% increase
per year to replace
buildings and equipment
out of General Fund.
Note: This is total taxable
value with 97.25
collection rate to allow
for collection cost.
Note: This would equal .023952 Tax From Current
General Fund
Note: This would equal
.014137 Tax Increase
Over Current Amount,
Non-City
County Replacement of Contracted Emergency Service Buildings and Apparatus
County Replacement of Contracted Emergency Service Volunteers
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AGENDA ABSTRACT
Meeting Date: November 20, 2017
Agenda Title: Ambulance Franchise Applicant
Summary of Information:
The Department of Emergency Services is presenting an application from Bertie Ambulance
Services, Inc. to be considered for an ambulance service franchise. The Emergency Services
Director and EMS Staff reviewed the application and requested they provide a presentation of
services offered. The applicant demonstrated that they were qualified to provide the needed
services as deemed necessary by the Emergency Services Department, and we hereby recommend
the issuance of an ambulance franchise to Bertie Ambulance Services, Inc.
Recommended Action:
Issuance of an ambulance franchise to Bertie Ambulance Services, Inc. for ambulance services.
Submitted By: Douglas Young, Emergency Services Director
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AGENDA ABSTRACT
Meeting Date: November 20, 2017
Agenda Title: Person County Government Personnel Policy Proposed Revisions
Summary of Information: The County Personnel Policy was initially adopted by the Board of
County Commissioners January 1, 2007, with minor amendments added in 2008 and 2011. With
many changes and updates in laws and regulations taking place over the last several years, this
Policy needs to be revised. Staff has been working on these updates for a long time and has
obtained the assistance of an attorney, Ms. Leslie Lasher, from Forrest Firm to revise the Personnel
Policy with updates to the discipline, grievance and leave sections and other general updates to
basic sections as well. Detailed revisions are found in the following areas:
1) Article III. Section 13 Overtime Pay Provisions
2) Article III. Section 14 On-Call and Call-Back Compensation
3) Article III. Section 15 Payroll Schedule and Deductions
4) Article VII. Section 4 Holidays – Compensation When Work Is Required
5) Article VII. Sick Leave
6) Article VII. Section 15 Extended Leave
7) Article VII. Sections 16, 17, 18 Family Medical Leave
8) Article VII. Section 20 Military Leave
9) Article VIII. Section 2 Resignation
10) Article IX. entire article
11) Article X. entire article
12) Article XI. Section 1 Public Information
All County Employees have been given the opportunity to review the changes and submit their
comments to Human Resources staff. No substantial changes were suggested and all minor edits
have been incorporated into this final version.
Recommended Action: Review the necessary updates to the Policy and adopt the Person County
Government Personnel Policy
Submitted By: Heidi York, County Manager
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PERSONNEL POLICY
Adopted by Person County Board of Commissioners on
December 18, 2006
Policy effective January 1, 2007
Revised and adopted by Person County Board of Commissioners on
November 19, 2007; Effective January 1, 2008
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PERSON COUNTY GOVERNMENT
PERSONNEL POLICY
Adopted on December 18, 2006 by the Board of Commissioners;Policy effective January 1, 2007.
Revisions adopted 11/19/07 by Board of County Commissioners for Person County. Revised
policy effective January 1, 2008.
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 .............................................................................................. 5
Section 1. Purpose of the Policy ............................................................................................ 5
Section 2. Merit Principles ...................................................................................................... 5
Section 3. Responsibilities of the County Board of Commissioners……………………….….5
Section 4. Responsibilities of the County Manager ................................................................ 5
Section 5. Responsibilities of the Human Resources Director ............................................... 6
Section 6. Application of Policies, Plan, Rules, and Regulations ........................................... 7
Section 7. Departmental Rules and Regulations ................................................................... 7
Section 8. Definitions ............................................................................................................. 7
ARTICLE II. POSITION CLASSIFICATION PLAN .......................................................................... 9
Section 1. Purpose ................................................................................................................ 9
Section 2. Composition of the Position Classification Plan .................................................... 9
Section 3. Use of the Position Classification Plan .................................................................. 9
Section 4. Administration of the Position Classification Plan .............................................. 9
Section 5. Authorization of New Positions and the Position Classification Plan
................................................................................................................................. 10
Section 6. Request for Reclassification ................................................................................ 10
ARTICLE III. THE PAY PLAN ........................................................................................................ 11
Section 1. Definition ............................................................................................................. 11
Section 2. Administration and Maintenance ......................................................................... 11
Section 3. Starting Salaries .................................................................................................. 11
Section 4. Trainee Designation and Provisions ................................................................... 12
Section 5. Probationary Pay Increases ................................................................................ 12
Section 6. Pay Range Increases .......................................................................................... 12
Section 7. Performance Pay Bonus ..................................................................................... 12
Section 8. Salary Effect of Promotions, Demotions, Transfers, and Reclassifications
……………………………………………………………………………………………… 13
Section 9. Salary Effect of Salary Range Revisions ........................................................... 14
Section 10. Transition to a New Salary Plan ........................................................................ 14
Section 11. Effective Date of Salary Changes ..................................................................... 14
Section 12. Overtime Pay Provisions ................................................................................... 15
Section 13. On-Call and Call-Back Compensation .............................................................. 16
Section 14. Payroll Schedule and Deductions ..................................................................... 16
Section 15. Hourly Rate of Pay ............................................................................................ 17
Section 16. Longevity Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section 17. Pay for Interim Assignment in a Higher Level Classification . . . . . . . . . . . . . 17
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ARTICLE IV. RECRUITMENT AND EMPLOYMENT ..................................................................... 18
Section 1. Equal Employment Opportunity Policy ................................................................ 18
Section 2. Implementation of Equal Employment Opportunity Policy .................................. 18
Section 3. Recruitment, Selection and Appointment ............................................................ 18
Section 4. Probationary Period ............................................................................................ 19
Section 5. Promotion ............................................................................................................ 19
Section 6. Demotion ............................................................................................................. 20
Section 7. Transfer ............................................................................................................... 20
ARTICLE V. CONDITIONS OF EMPLOYMENT ............................................................................ 21
Section 1. Work Schedule .................................................................................................... 21
Section 2. Political Activity ................................................................................................... 21
Section 3. Expectation of Ethical Conduct ........................................................................... 21
Section 4. Outside Employment ........................................................................................... 22
Section 5. Dual Employment ................................................................................................ 22
Section 6. Employment of Relatives .................................................................................... 22
Section 7. Harassment ......................................................................................................... 23
Section 8. Use of County Time, Equipment, Supplies, and Vehicles ................................... 23
Section 9. Performance Evaluation ...................................................................................... 24
Section 10. Safety . . . . . . . .. . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24
Section 11. Immigration Law Requirements ........................................................................ 24
Section 12. Substance Abuse .............................................................................................. 24
Section 13. Credentials and Certifications ......................................................................... 24
ARTICLE VI. EMPLOYEE BENEFITS ........................................................................................... 25
Section 1. Eligibility .............................................................................................................. 25
Section 2. Group Health and Hospitalization Insurance ....................................................... 25
Section 3. Group Life Insurance ........................................................................................... 25
Section 4. Other Optional Group Insurance Plans ............................................................... 25
Section 5. Retirement ........................................................................................................... 25
Section 6. Supplemental Retirement Benefits (401-K) ......................................................... 26
Section 7. Social Security .................................................................................................... 26
Section 8. Workers' Compensation ...................................................................................... 26
Section 9. Unemployment Compensation ............................................................................ 27
Section 10. Tuition Assistance Program .............................................................................. 27
Section 11. Credit Union ...................................................................................................... 27
ARTICLE VII. HOLIDAYS AND LEAVES OF ABSENCE .............................................................. 28
Section 1. Policy ................................................................................................................... 28
Section 2. Holidays .............................................................................................................. 28
Section 3. Holidays: Effect on Other Types of Leave ........................................................... 28
Section 4. Holidays: Compensation When Work is Required ............................................. 28
Section 5. Vacation Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28
Section 6. Vacation Leave: Use by Probationary Employees . . . . . . . . . . . . . . . . . . . . . .29
Section 7. Vacation Leave: Accrual Rate ............................................................................. 29
Section 8. Vacation Leave: Maximum Accumulation ........................................................... 29
Section 9. Vacation Leave: Manner of Taking ..................................................................... 29
Section 10. Vacation Leave: Payment upon Separation ...................................................... 30
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Section 11. Vacation Leave: Payment Upon Death ........................................................... 30
Section 12. Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Section 13. Sick Leave: Accrual Rate and Accumulation .................................................... 31
Section 14. Sick Leave: Medical Certification ...................................................................... 31
Section 15. Leave Pro-Rated .............................................................................................. 31
Section 16 Leave Without Pay…………………………………………………………………..32
Section 17. Family Medical Leave ....................................................................................... 32
Section 18. Family and Medical Leave: Medical Certification .............................................. 33
Section 19. Family Medical Leave and Leave Without Pay: Retention
And Continuation of Benefits . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . ……….. 33
Section 20. Workers' Compensation Leave . . . . . . . . . . . . . . ………………………………34
Section 21. Military Leave……………………………………………………………………….. 34
Section 22. Reinstatement Following Military Service ......................................................... 35
Section 23. Civil Leave ......................................................................................................... 35
Section 24. Parental School Leave ...................................................................................... 35
Section 25.Voluntary Shared Leave ..................................................................................... 36
ARTICLE VIII. SEPARATION AND REINSTATEMENT ................................................................ 39
Section 1. Types of Separations .......................................................................................... 39
Section 2. Resignation ......................................................................................................... 39
Section 3. Reduction in Force .............................................................................................. 39
Section 4. Disability .............................................................................................................. 39
Section 5. Voluntary Retirement .......................................................................................... 39
Section 6. Death ................................................................................................................... 39
Section 7. Dismissal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40
Section 8. Reinstatement ..................................................................................................... 40
Section 9. Rehiring ............................................................................................................... 40
ARTICLE IX. UNSATISFACTORY JOB PERFORMANCE AND DETRIMENTAL PERSONAL
CONDUCT ........................................................................................................................... 41
Section 1. Disciplinary Action for Unsatisfactory Job Performance ..................................... 41
Section 2. Unsatisfactory Job Performance Defined ............................................................ 41
Section 3. Communication and Warning Procedures Preceding
Disciplinary Action for Unsatisfactory Job Performance ...................................................... 41
Section 4. Disciplinary Action for Detrimental Personal Conduct ......................................... 42
Section 5. Detrimental Personal Conduct Defined ............................................................... 42
Section 6. Pre-Dismissal Conference .................................................................................. 43
Section 7. Non-Disciplinary Suspension .............................................................................. 43
ARTICLE X. GRIEVANCE PROCEDURE AND ADVERSE ACTION APPEAL ............................ 44
Section 1. Policy ................................................................................................................... 44
Section 2. Grievance Defined .............................................................................................. 44
Section 3. Purposes of the Grievance Procedure ................................................................ 44
Section 4. Procedure ............................................................................................................ 45
Section 5. Role of the Human Resources Director .............................................................. 46
Section 6. Grievance and Adverse Action Appeal Procedure for Discrimination ................. 47
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ARTICLE XI. PERSONNEL RECORDS AND REPORTS .............................................................. 47
Section 1. Public Information ............................................................................................... 47
Section 2. Access to Confidential Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . ……….. 47
Section 3. Personnel Actions ............................................................................................... 48
Section 4. Records of Former Employees ........................................................................... 48
Section 5. Remedies of Employees Objecting to Material in File ......................................... 48
Section 6. Penalties for Permitting Access to Confidential Records .................................... 49
Section 7. Examining and/or Copying Confidential Material without .................................... 49
Section 8. Destruction of Records Regulated ...................................................................... 49
ARTICLE XII. IMPLEMENTATION OF POLICIES ......................................................................... 50
Section 1. Conflicting Policies Repealed .............................................................................. 50
Section 2. Separability ......................................................................................................... 50
Section 3. Effective Date ...................................................................................................... 50
Section 4. Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . …………...50
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ARTICLE I. GENERAL PROVISIONS
Section 1. Purpose of the Policy
It is the purpose of this 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, Board of Health, and Social Services Board.
These aforementioned entities are the official appointing authorities covered by this personnel
policy. State requirements will supersede these policies for positions subject to the State Personnel
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.
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, political affiliation, qualified disability, or
age.
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 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
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adequate supply of competent applicants to meet the needs of the County;
g) perform such other duties as may be assigned by the County Board of
Commissioners not inconsistent with this Policy; and
h) appoint an employee to the role of Human Resources Director or serve in that role
for the County.
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;
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.
In the event there is no Human Resources Office, these duties will be assumed by the County
Manager or his/her designee.
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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 purposes 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 service in a
permanent position.
Appointing Authority. The County Manager will be designated as the Appointing Authority with
the following exceptions:
a) The Sheriff shall be the appointing authority for positions in the Sheriff’s Department;;
b) The Register of Deeds shall be the appointing authority for positions in the Register of
Deeds Department;
c) The Board of Elections shall be the appointing authority for positions in the Elections
Department;
d) The Social Services Director shall be the appointing authority for positions in the Social
Services Department; and
e) The Health Director shall be the appointing 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.
Client/Employee. Employees who work for Person Industries in a structured environment for the
purposes of vocational rehabilitation. Such employees are not in permanent positions and are not
eligible for benefits.
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Full-time employee. An employee who is in a position for which an average work week equals at
least 37.5 hours, and continuous employment of at least 12 months, is required by the County.
Such employees are eligible for benefits.
Part-time employee. An employee who is in a position for which an average work week of at least
22.5 hours and less than 37.5 hours and continuous employment of at least 12 months are
required by the County. Such a position is eligible for benefits.
Permanent position. A position authorized for the budget year for a full twelve months and
budgeted for 22.5 or more hours per week. All County positions are subject to budget review
and approval each year by the Board of Commissioners and all employees' work and conduct must
meet County standards. Therefore, reference to "permanent " positions or employment should not
be construed as a contract or right to perpetual funding or employment.
Probationary employee. An employee appointed to a full or part-time regular 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.
Production/Employee. Employees who work for Person Industries in a structured environment
for the purposes of production demand. Such employees are not in permanent positions and are
not eligible for benefits.
Regular employee. An employee appointed to a full or part-time position who has successfully
completed the designated probationary period.
Temporary employee. An employee appointed to a position for which either the average work
week required by the County over the course of a year is 20 hours or less ( or 1000 hours per
year), or continuous employment required by the County is less than 12 months. Such employees
are not eligible for benefits.
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.
Work Against Appointment. In departments whose employees are subject to the State Personnel
Act, the appointing 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
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 without clear justification.
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ARTICLE II. POSITION CLASSIFICATION PLAN
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 insure 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
Office of State Personnel in compliance with the rules and regulations under the State Personnel
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.
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
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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. The Office of State Personnel shall administer
the classification plan for employees who are subject to the State Personnel Act.
Section 5. Authorization of New Positions and the Position Classification Plan
New positions shall be established upon recommendation of the 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. Copies will be available to all employees for review upon request.
Section 6. Request for Reclassification
Any employee 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 make the necessary changes to maintain a fair and accurate
classification plan.
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ARTICLE III. THE PAY PLAN
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 County Commissioners. The salary schedule may consist of a
Hiring, Minimum, Midpoint, and Maximum rates of pay for each job classification approved by the
Board of County Commissioners. Salary increases within the pay range shall be based on criteria
established by the County Manager and approved by the Board of County Commissioners.
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. The Board 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 not to exceed ten
percent when necessary to accommodate inequities, special performance or achievements, or
other issues.
Section 3. Starting Salaries
All persons employed in positions approved in the position classification plan normally shall be
employed at the Hiring Rate for the classification in which they are employed; however, on the
recommendation of the department head, with the approval of the County Manager, employee
salaries may be approved above the Hiring Rate. Reasons for hiring above the Hiring Rate include
exceptional education and experience qualifications of the applicant, a shortage of qualified
applicants, and/or the refusal of qualified applicants to accept employment at the Hiring Rate.
Department Heads shall consider internal equity of other employees in the department when
making a recommendation for employment above the Hiring Rate.
Elected officials, i.e. the Sheriff and Register of Deeds, shall be paid upon initial election or
appointment, at the entry rate of pay for the position because there is no appointing authority to
make decisions concerning their qualifications for placement above the hiring rate.
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Section 4. 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 Personnel
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 three grades below the Hiring rate established for
the position for which the person is being trained. Assignment three grades below is appropriate
when the traineeship is expected to last two years. Assignment two grades below is appropriate for
more than six months but less than two years. (Note: Positions subject to the State Personnel Act
may be assigned no more than two grades below as 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 Hiring rate established for the job class.
Section 5. Probationary Pay Increases
Employees hired or promoted into the Hiring Rate of the pay range shall receive a salary increase
within the salary range of approximately 5% upon successful completion of the probationary
period. Employees serving a twelve-month probationary period are eligible for consideration for this
pay increase after nine months of successful employment. Employees hired or promoted above the
hiring rate may also be considered for an increase when removed from probationary status, based
upon performance level.
Section 6. 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 7. Performance Pay Bonus
If the County implements a performance pay system, employees who are at the maximum of the
salary range for their position classification will be eligible to be considered for a performance
(merit) bonus at their regular performance evaluation time. Performance (merit) bonuses shall be
awarded based upon the performance of the employee as described in the performance evaluation
and shall be the same percentage of annual salary as employees within the salary range with the
same performance level. Performance (merit) bonuses do not become part of base pay and shall
be awarded in a lump sum payment. Employees above the maximum of the range are not eligible
for this increase.
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Section 8. Salary Effect of Promotions, Demotions, Transfers, and Reclassifications
(See Article IV for definitions of these terms)
Promotions. When an employee is promoted to a position with a higher salary grade, the
employee's salary shall normally be advanced to the Hiring Rate of the new position, or to a salary
which provides an increase of at least approximately 5% over the employee's salary before the
promotion, provided, however, that the new salary may not exceed the Maximum rate of the new
salary range. The purpose of the promotional pay increase is to recognize and compensate the
employee for assuming increased responsibility. The amount of the salary adjustment should be
based on:
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.
Cost of living (or market adjustment), probationary increases for a previous job, 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.
Demotions. When an employee is demoted to a position for which qualified, the salary shall be set
at the rate in the lower pay range which provides a salary commensurate with the employees’
qualifications to perform the job when the demotion is not the result of discipline. If the current
salary is within the new range, the employee's salary may be retained at the previous rate, if
appropriate. Consideration should be given to whether the employee is receiving the same pay for
decreased workload or responsibility level and action should be appropriate to this consideration
along with internal equity consideration of the pay rate of other employees in the same
classification. If the demotion is the result of disciplinary action, the salary shall be decreased at
least approximately 5%, but may be no greater than the maximum of the new range.
Transfers. The salary of an employee reassigned to a position in the same class or to a position in
a different class within the same salary grade shall not be changed by the reassignment.
Reclassifications. An employee whose position is reclassified to a class having a higher salary
range shall receive a pay increase of approximately 5% or an increase to the Minimum Rate of the
new pay range, whichever is higher. If the position is reclassified to a lower pay range, the
employee's salary shall remain the same. If the employee's salary is above the maximum
established for the new range, the salary of that employee shall be maintained at the current level
until the range is increased above the employee's salary.
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Section 9. 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, employees in that class shall receive a 5% increase for each salary grade increase, if
such increases do not exceed the midpoint of the new range. The employee shall receive a
minimum of 5% for the range revision, even if such increases takes the employee above the
midpoint of the new range. 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 10. Transition to a New Salary Plan
The following principles shall govern the transition to a new salary plan:
1) No employee shall receive a salary reduction as a result of the transition to a new salary
plan.
2) 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.
The only exception will be those employees in probationary status and currently being paid
at the Hiring, a trainee rate, or in a "work against" status. These employees will remain in
their same relative pay status in the new salary grade assigned.
3) 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.
4) 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.
Section 11. Effective Date of Salary Changes
Salary changes approved after the first working day of a month shall become effective at the
beginning of the next month, or at such specific date as may be provided by procedures approved
by the County Manager. This applies to probationary pay increases and certification increases.
Section 8: Promotions, Demotions, Transfers and Reclassifications salary changes will be effective
on the day it occurs.
Section 12. 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
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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.
The County will comply with the Fair Labor Standards Act (FLSA). The County Manager 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 compensated in
time or 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.
Earned compensatory time may be granted whenever feasible and determined by the County
Manager, based on recommendations from the Department Head. Accumulation of more than
eighty hours of compensatory time is discouraged and must have the approval of the County
Manager. However, under FLSA provisions, non-exempt employees may accumulate up to 240
hours of compensatory time (sworn law enforcement officers may accumulate up to 480 hours).
Nonexempt employees separating from employment shall be paid for their compensatory time
balances.
In declared disaster or emergency situations such as a FEMA declared emergency where
employees are 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 (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.
In declared disaster or emergency situations requiring long and continuous hours of work, exempt
employees may be compensated at a rate of up to double time for the duration of the emergency
period, at the approval of the County Manager.
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Use of compensatory time: The use of accrued compensatory time by non-exempt or exempt
employees cannot count as part of the 12 weeks of eligible Family and Medical Leave (FMLA).
Section 13. 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 for emergency service, either special
or routine, the employee may be subject to disciplinary action up to and including dismissal by the
appointing authority.
On-call. On-call (standby) time consists of scheduled non-work hours in excess of the standard
work period when an employee is required to be available to be called back to work on a regularly
scheduled or emergency basis and must respond within a reasonable period of time and must be
sober and able to work. On-call /standby 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.
An employee is required by FLSA to be compensated regular pay for on-call time if he or she must
remain near an established telephone or otherwise substantially restrict personal activities in order
to be ready to respond when called. The County chooses to compensate employees at a rate less
than regular pay for the inconvenience of on-call pay when a pager is used and time is not
substantially restricted. Non-exempt employees required to be on "stand-by" duty will be paid for
five hours of work for each week (approximately 128 hours, excluding work time) of stand-by time
they serve. Stand-by compensation for less than one full week shall be determined by the ratio of
.04 hours of pay per one hour of stand-by time. Hours actually worked while on stand-by are
calculated beginning when the employee reports to the work site and are added to the regular total
of hours worked for the week
Call-back. Call-back time consists of actual time spent when called back to work to handle an
emergency situation. Non-exempt employees will be guaranteed a minimum payment of two hours
of wages for being called back to work outside of normal working hours when not on stand-by.
"Call-back" provisions do not apply to previously scheduled overtime work (scheduled one or more
days in advance).
Section 14. Payroll Schedule and Deductions
The payroll schedule shall be established by the County Manager and shall be administered by the
Finance Department. 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 15. 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
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For employees working other than 40 hours per week, such as employees working 37.5 hours per week
and law enforcement officers working an average of 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 16. Longevity Pay
Full and part-time permanent employees of the County are compensated for continuous years of service
with the County by payment of a longevity supplement based on continuous years of service as of
November 1st of each year. Continuous service is continuous employment including any approved leave
or involuntary reduction in force.
Longevity amounts shall be as follows:
Years of Service Amount
Less than 2 years $58*
2 years, but less than 5 years $100*
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 County Commissioners. The funding will be allocated on an
annual basis during the budget adoption process.
*Employees hired on or after July 1, 2011 will not be eligible for longevity pay until they have completed
five years of continuous service. Those employees hired prior to July 1, 2011 shall be entitled to the
longevity benefits in effect on January 1, 2011.
(Amended March 21, 2011 by Person County Board of County Commissioners)
Section 17. Pay for “Interim” Assignment in a Higher Level Classification
An employee who is formally designated for a period of a least one month to perform the duties of a
Job that is assigned to a higher salary grade than that of the employee’s regular classification shall
Receive an increase for the duration of the “interim” assignment. The employee shall receive a
Salary adjustment to the entry level (Hiring rate) of the job in which the employee is acting or an
increase of 10%. Criteria involved in determining the amount of compensation shall include
a) the difference between the existing job and that being filled on a temporary basis, and
b) The degree to which the employee is expected to fulfill all the duties of the temporary assignment.
The salary increase shall be temporary and the employee shall go back to the salary he or she would have had
in not assigned to the “acting” role upon completion of the assignment.
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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, or age. 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, or age. Notices with
regard to equal employment matters shall 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. The North Carolina Employment Security Commission shall normally
be used as a recruitment source. In rare situations because of emergency conditions, high
turnover, etc., the County may hire or promote without advertising jobs, upon approval of the
County Manager.
Job Advertisements. Employment advertisements shall contain assurances of equal employment
opportunity and shall comply with Federal and State statutes.
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.
Application Reserve File. Applications shall be kept in an inactive reserve file for a period of two
years, in accordance with Equal Employment Opportunity Commission guidelines.
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.
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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 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 County Manager’s office prior to
the beginning date of employment. The documents will become part of the new employees
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 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. A promoted
employee who does not successfully complete the probationary period 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 employees shall retain all other rights and
benefits such as the right to use of the grievance procedures.
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;
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
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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 six month probationary
period.
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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.
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
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
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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.
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
A full or part-time employee of the County may simultaneously hold another position with the
County if the temporary position is in a different department or agency and substantially different
capacity and occupational area from that of the full or part-time position. The work must also be
performed on an occasional or sporadic basis. Any other situation requires weighted average pay
scales and/or overtime pay. However, the work of the full or part-time position shall take
precedence over the temporary 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 in Article VII, Section 12. If there is a lack of
qualified applicants for a position in the same unit and a qualified immediate family member
applies, the supervisor may appeal to the County Manager for consideration. Otherwise, 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;
b) result in a relative auditing the work of a relative;
c) create a conflict of interest with either relative and the County; or
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d) create the potential or perception of favoritism.
Section 7. Harassment
Harassment on the basis of race, color, religion, gender, national origin, age or disability
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, 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.
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. Violation or misuse of County vehicles also subjects the employee to disciplinary
action, up to and including dismissal.
County equipment, materials, tool and supplies, shall not be available for personal use and are not
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.
The County shall develop and distribute to employees a separate policy covering the use of
phones, email, computers, and county cell phones.
Under North Carolina law, email sent or received by the County is considered a public records and
is subject to inspection upon request.
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Surrender of Property. An employee who terminates employment shall be required to return all
items of equipment, including uniforms, owned by the County.
Section 9. Performance Evaluation
Supervisors and/or Department Heads shall conduct Performance Evaluation conferences with
each employee at least once a year. These performance evaluations shall be documented in
writing and placed in the employee's personnel file. Procedures for the performance evaluation
program shall be published by the County Manager.
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.
Section 12. Substance Abuse
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.
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 is 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.
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ARTICLE VI. EMPLOYEE BENEFITS
Section 1. Eligibility
All part-time and 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 the County's
discretion. Temporary 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 and part-
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 Director.
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.
Section 5. Retirement
Each employee in a permanent position 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.
Employees contribute, through payroll deduction, six per cent 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.
Retiree Health Insurance
The County provides health insurance for retirees according to the following guidelines:
a) The County will pay 50% of the cost of the premiums for an employee retiring with 20 years
of service with Person County;
b) The County will pay 75% of the cost of the premiums for an employee retiring with 25 years
of service with Person County;
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c) Then County will pay 100% of the cost of the premiums for an employee retiring with 30
years of service with Person County.
Coverage will continue until the employee becomes eligible for Medicare, at which time the County
will no longer pay any of the premium cost. The cost for the employee’s share of the premiums, if
any, will be determined on an annual basis. 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.
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 and part-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 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 vacations 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 and the supervisor and such claims must be filed by the employee with the North
Carolina Industrial Commission within two years from date of injury. The Human Resources
Director or designee will coordinate the filing of such claims.
Section 9. Unemployment Compensation
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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
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 Human
Resources Office prior to course registration and are subject to the review and approval of
Department Head and County Manager, subject to availability of funds.
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 Personnel Act and their family members for various
loan services, checking, and savings accounts.
ARTICLE VII. HOLIDAYS AND LEAVES OF ABSENCE
Section 1. Policy
The policy of the County is to provide vacation leave, sick leave, and holiday leave to all full-time
and part-time employees in a permanent position with the County. . Leave balances should
accrue with each payroll when employees work or are on a paid leave status. Leave balances
should be printed on payroll checks or provided to employees with each paycheck, including net
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accrued sick leave, vacation, 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.
The number of holiday hours earned by employees shall be determined in accordance with the
formula set forth in Section 15 of this article.
Departments which have staff working during holidays may designate which days of the week are
to be observed using the actual legal holidays when appropriate.
Section 3. Holidays: Effect on Other Types of Leave
Regular holidays which occur during a vacation, sick or other leave period of any employee shall
not be considered as vacation, sick, or other leave.
Section 4. Holidays: Compensation When Work is Required /Shift Work
Employees required to perform work on regularly scheduled holidays shall receive the
proportionally equivalent amount off for the holiday or receive pay in lieu of time off as described in
Section 15 of this Article.
If a holiday falls on a regularly scheduled off-duty day for shift personnel, the employee shall
receive pay for the proportionately equivalent holiday leave hours. Departments with employees
working a shift schedule may elect to compensate those employees for working on the “true”
holiday rather than the designated holiday.
Section 5. Vacation Leave
Vacation leave may be used for rest and relaxation, school appointments, medical appointments,
and other personal needs. Employees must request vacation leave from their supervisor in
advance. Vacation 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 vacation requests when they create a hardship for
the County.
Section 6. Vacation Leave: Use by Probationary Employees
Employees serving a probationary period following initial employment may accumulate vacation
leave but shall not be permitted to take vacation leave during the probationary period. Employees
serving a twelve month probationary period shall be allowed to take accumulated vacation leave
after nine months of service.
Section 7. Vacation Leave: Accrual Rate
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Each full time permanent employee of the County shall earn vacation 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
Part-time permanent employees of the County shall earn vacation at a pro-rated amount. See
Section 15 Leave Pro-Rated.
Vacation should be accrued in each payroll period
Section 8. Vacation Leave: Maximum Accumulation
Vacation 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 removed so that only 30 days are carried
forward to January 1 of the next calendar year. Employees may have the entire excess amount
converted to sick leave provided that the employee has taken a minimum of five consecutive days
of vacation during the calendar year. Holidays may not be counted for this purpose. It must be
five consecutive work days.
Because the number of hours in employee work weeks vary, the number of hours in 30 days
varies. See Section 15 of this Article for formula to calculate the number of hours in 30 days.
Employees are cautioned not to retain excess accumulated vacation leave until late in the year.
Because of the necessity to keep all functions in operation, large numbers of employees cannot be
granted vacation 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 vacation leave scheduled or in receiving any
exception to the maximum accumulation. Employees may not receive pay for excess vacation time.
Section 9. Vacation Leave: Manner of Taking
Employees shall be granted the use of earned vacation 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 vacation leave does not
hinder the effectiveness of service delivery. Vacation leave will be taken in quarter hour units.
Section 10. Vacation Leave: Payment upon Separation
An employee who has successfully completed nine months of the 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.
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.
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Employees who are involuntarily separated shall receive payment for accumulated annual leave
subject to the 30-day maximum.
Section 11. Vacation 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 vacation leave credited to the employee's account not to exceed the 30 day
maximum.
Section 12. 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 an employee 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 for death in the employee's immediate family, but may not exceed
three days for any one occurrence.
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" shall be defined as 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.
Notification of the desire to take sick leave should be submitted to the employee's supervisor prior
to the leave or not later than two hours after the beginning of the scheduled workday. Failure to do
so appropriately may result in disciplinary action.
In order to facilitate the recruitment of qualified persons with appropriate public sector experience,
the County Manager may authorize the carry-over of all or a portion 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 13. 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. Part-time permanent employees see Section 15. Leave Pro-Rated. 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
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the employee resigns or is separated from the County, except as stated for employees retiring or
terminated due to reduction in force.
Section 14. 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 or whenever the
supervisor observes a "pattern of absenteeism." 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 15. Leave Pro-Rated
Holiday, annual, and sick leave earned by part-time permanent employees with fewer hours than
the basic work week shall be determined by the following formula:
1) The number of hours worked by such employees shall be divided by the number
of hours in the basic work week (usually 40 hours).
2) The proportion obtained in step 1 shall be multiplied by the number of hours of
leave earned annually by employees working the basic work week.
3) The number of hours in step 2 divided by 12 shall be the number of hours of
leave earned monthly by the employees concerned; the number of hours in step 2
divided by 26 is the number of hours earned per bi-weekly payroll period.
Example:
step 1) working hours 22.50/37.50 basic work week=.60
step 2) 7.50 x 12 = 90.00 hours annual x .60 (step 1) = 54.00 earned
step 3) 54.00/12=4.50 per month
Section 16. Leave Without Pay
A full or part-time permanent employee may be granted a leave of absence without pay for a period
of up to six months by the County Manager. The leave shall be used for reasons of personal
disability after both sick leave and desired amount of annual leave have been exhausted, sickness
or disability of immediate family members, continuation of education, special work that will permit
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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. The employee is obligated
to return to duty within or at the end of the time determined appropriate by the County Manager.
Upon returning to duty after being on leave without pay, 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. 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 has
been requested, shall be considered a resignation.
Section 17. Family Medical Leave
The County will grant up to 12 weeks of family and medical leave to eligible employees in
accordance with the Family and Medical Leave Act of 1993 (FMLA) during any 12-month period
beginning on the date paid leave is exhausted. Eligible employees must have regular status and
must have been employed at least twelve months and worked at least 1,250 hours during the
previous twelve months. The leave will be unpaid. Additional time away from the job beyond the
12-week period may be considered in accordance with the County's Leave Without Pay policy.
Employees will be required to exhaust eligible paid leave before going on a leave without pay
status.
FMLA leave may be taken for the following reasons:
(a) to care for the employee's child after birth or placement for adoption or foster care;
(b) to care for the employee's spouse, child or parent who has a serious health condition; or
(c) for a serious health condition that makes the employee unable to perform the employee's job.
Use of earned compensatory leave may not count toward FMLA leave.
A serious health condition is defined as a 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. This policy covers illness of a serious and long-term nature resulting
in recurring or lengthy absences. Generally, a chronic or long term health condition which results in
a period of incapacity for more than three days would be considered a serious health condition.
If a husband and wife both work for the County and each wishes 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 husband and wife together may only take a total of 12 weeks leave
under FMLA.
The request for the use of leave must be made in writing by the employee and approved by the
department head or County Manager.
An employee who takes leave under this policy will 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
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entails substantially equivalent skill, effort, responsibility, and authority.
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
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). 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 in writing under the County's Leave
Without Pay policy
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. 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.
An employee ceases to earn leave credits on the date leave without pay begins. 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 and the regulations of
the insurance carrier.
Section 20. Workers' Compensation Leave
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, vacation, or compensatory time
during the first waiting period. The employee may also elect to supplement workers' compensation
payments after they begin with sick leave, vacation, or compensatory time, provided that the
combination of leave supplement and workers' compensation payments does not exceed normal
compensation. An employee on workers' compensation leave may be permitted to continue to be
eligible for benefits under the County 's group insurance plans. 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
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leave. In such cases the County will pay the employee for any unpaid time that is owed the
employee.
a) 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 Director within twenty-
four (24) hours of the time of the accident. The employee must use sick leave or annual
leave for the first seven (7) days of disability. These days will be reimbursed only if the
disability continued for more than twenty-one (21) days.
b) Before returning to work, a statement from the attending physician should be submitted to
the Human Resources Director giving permission for the employee to resume regular
duties.
c) Upon return to work, 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. While receiving workers'
compensation benefits, an employee continues to earn sick and annual leave and will retain
all accumulated sick and annual leave.
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
Regular employees who are members of an Armed Forces Reserve organization or National Guard
shall be granted ten workdays per year for military leave without pay. On rare occasions due to
annual training being scheduled on a federal fiscal year basis, an employee may be required to
attend two periods of training in one calendar year. For this purpose only, an employee shall be
granted an additional ten days of military leave during the same calendar year. If the compensation
received while on military leave is less than the salary that would have been earned during this
same period as a County employee, the employee shall 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 such duty is required beyond this ten workdays, the employee shall be eligible to take
accumulated vacation leave or be placed in a leave without pay status, and the provisions of that
leave shall apply.
While taking military leave without pay or with partial pay, the employee's leave credits and other
benefits shall continue to accrue as if the employee physically remained with the County during this
period. Employees who are eligible for military leave have all job rights specified by the Vietnam
Veterans Readjustment Act, including members of the National Guard or a reserve unit.
Employees who volunteer for additional duty may use vacation, compensatory time or leave
without pay. If there is a compensatory balance, it should be used first for nonexempt employees.
Section 22. Reinstatement Following Military Service .
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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 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.
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 (vacation 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.
Section 25. Voluntary Shared Leave
Purpose
There are occurrences brought about my 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
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most critical point in their work life. It is also recognized that fellow employees may wish to
voluntarily donate some of their annual 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 annual 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 annual 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 975 hours, 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 1,950 hours, 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 within the department of the recipient employee under the
following conditions:
I. Qualifying to Participate
A. Employee must be permanent, probationary, work against or trainee appointment
status.
B. By letter of application to the department head, a recipient shall apply, or be
nominated by a fellow employee to participate in the program.
C. Application for participation would include name, social security number,
classification, department, description of the medical condition and
estimated length of time needed to participate in the program.
D. Prior to making the employee’s status public for purpose of receiving
shared leave, the employee must sign a release to allow the status to be known.
E. The department head shall review the merits of the request and approve or
disapprove. Department heads may choose to delegate the responsibility
for reviewing the validity of requests to an existing peer group or establish a
committee for this purpose. Such a committee may also be used in an advisory
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capacity to the department head.
F. Establishment of a leave “bank” for use by unnamed employees is expressly prohibited.
G. For program evaluation purposes during the two (2) year trial period, each department
shall forward a copy of each application received for receipts, indicating approval or
disapproval, to the personnel office. Other summary information including number
of requests, approvals, disapprovals, amount of leave donated and used will be
requested to develop recommendations for the future of the program.
II. Participation Requirements
A. A donor may contribute only annual 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.
F. 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 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 can not receive
remuneration for the leave donated.
III. Donor Leave Accounting and Usage Procedures
A. 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 donor’s 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. 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.
Three consecutive days of absence without contacting the immediate supervisor or Department
Head is 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
Consistent with State and Federal Laws
An employee who cannot perform the required duties because of a physical or mental impairment
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
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
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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 one year 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 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. An employee in good
standing who is separated due to a reduction in force shall be given the first opportunity to be
rehired in the same or a similar position.
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ARTICLE IX. UNSATISFACTORY JOB PERFORMANCE AND DETRIMENTAL PERSONAL
CONDUCT
Section 1. Disciplinary Action for Unsatisfactory Job Performance
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 or hiring authority prior to giving final notice to the employee.
Section 2. Unsatisfactory Job Performance 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) Physical or mental incapacity to perform duties;
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; or
i) Failure to meet work standards over a period of time.
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 in one or more
counseling sessions to discuss specific performance problems. A brief summary of these
counseling sessions should be noted in the employee's file by the supervisor. An employee whose
job performance is unsatisfactory over a period of time should normally receive at least two
warnings from the supervisor before disciplinary action resulting in dismissal is taken by the County
Manager or appointing authority. In each case, the supervisor should record the dates of
discussions with the employee, the performance deficiencies discussed, the corrective actions
recommended, and the time limits set. If the employee's performance continues to be
unsatisfactory, then the supervisor should use the following disciplinary steps:
a) A final written warning from the supervisor serving notice upon the employee that corrected
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performance must take place immediately in order to avoid suspension, demotion, or
dismissal.
b) If performance does not improve, a written recommendation should be sent to the
Department Head, Human Resource Director, and County Manager or Hiring Authority for
disciplinary action such as suspension, demotion, or dismissal.
Suspensions should not normally exceed three days for nonexempt employees. For exempt
employees, suspensions should normally be for one week to retain the exempt status of the
employee.
Section 4. Disciplinary Action for Detrimental Personal Conduct
With the approval of the Department Head, Human Resource Director, and County Manager 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.
Disciplinary suspension should not normally exceed three days for nonexempt employees and
should be one full week for exempt employees as prescribed by the FLSA.
Section 5. Detrimental Personal Conduct Defined
Detrimental personal conduct includes behavior of such a serious detrimental nature that the
functioning of the County 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. Examples
of detrimental personal conduct include, but are not limited to, the following:
a) Fraud or theft;
b) Commission of a felony or the entry of a plea of nolo contendere thereto;
c) Falsification of records for personal profit, to grant special privileges, or to obtain
employment;
d) Willful misuse or gross negligence in the handling of County funds;
e) Willful or wanton damage or destruction to property;
f) Willful or wanton acts that endanger the lives and property of others;
g) Possession of unauthorized firearms or other lethal weapons on the job;
h) Brutality in the performance of duties;
i) 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;
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j) Engaging in incompatible employment or servicing a conflicting interest;
k) Request or acceptance of gifts in exchange for favors or influence;
l) Engaging in political activity prohibited by this policy; or
m) Stated refusal to perform assigned duties or flagrant violation of work rules and regulations.
Section 6. Pre-Dismissal Conference .
Before dismissal action is taken, whether for detrimental personal conduct or unsatisfactory job
performance, the County Manager or Hiring authority, the Human Resource Director or a
Department Head will conduct a pre-dismissal conference. At this conference, the employee may
present any response to the proposed dismissal to the County Manager or Hiring Authority, Human
Resource Director or Department Head. The County Manager or Hiring Authority, Human
Resource Director or Department Head will consider the employee's response, if any, to the
proposed dismissal, and will, within three working days following the pre-dismissal 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 7. Non-Disciplinary Suspension
During the investigation, hearing, or trial of an employee on any criminal charge, or during an
investigation related to alleged detrimental personal conduct, or during the course of any civil
action involving an employee, when suspension would, in the opinion of the supervisor, be in the
best interest of the County, the Department Head, with the approval of the Human Resource
Director and the County Manager or Hiring Authority, may suspend the employee for the duration
of the proceedings as a non-disciplinary action. 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, or
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.
If the employee is reinstated following the suspension such employee shall not lose any benefits to
which otherwise employee would have been entitled had the suspension not occurred. If the
employee is terminated following suspension, the employee shall not be eligible for any pay from
the date of suspension; provided, however, all other benefits with the exception of accrued annual
leave and sick leave shall be maintained during the period of suspension.
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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.
Section 2. Grievance Defined
A grievance is a claim or complaint by an employee based upon an event or condition, which
affects the circumstances under which an employee works, allegedly caused by misinterpretation,
unfair application, or lack of established policy pertaining to employment conditions. Former
employees may appeal their termination from County employment within required time frames.
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
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When an employee or group of employees 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, and every effort should be made to
expedite the process. However, the time limits set forth may be extended by mutual consent. 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 Appointing 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.
Mediation may be used at any step in the process and is encouraged. Mediation is the neutral
facilitation of the conflict between or among parties where the facilitator helps the parties find a
mutually agreeable outcome.
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. 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 or Hiring Authority within five work days after receipt of the response from Step 2. The
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 Hiring Authority’s decision is final.
However, the County Manager should inform the County Board of Commissioners of any possible
legal actions. Any appeal of this decision must be made through the North Carolina Court System.
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 only in the Health and Social Services Departments) 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
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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. Discrimination
cases may be appealed directly to the OAH.
Department Heads. In the case of department heads or other employees where the 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 Hiring Authority (see
definition of mediation in informal resolution above); or
b) consider the appeal and make recommendations back to the 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 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 assist employees and supervisors in drafting statements; and
e) To facilitate the resolution of conflicts in the procedures or of the grievance at any step in
the process; and
f) 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
needed or indicated.
Section 6. Grievance and Adverse Action Appeal Procedure for Discrimination
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
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affiliation, or disability) he or she has the right to appeal such action using the grievance procedure
outlined in this policy. While such persons are encouraged to use the grievance procedure, they
shall have the right to 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.
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 service;
current position title; current salary; date and amount of the most recent increase or decrease in
salary; date of the most recent promotion, demotion, transfer, suspension, separation, or other
change in position classification; and the office to which the employee is currently assigned. Any
person may have access to this information for the purpose 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
criminal investigation.
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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, with the concurrence of the County Board, 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.
The County Board shall establish procedures for all personnel files containing information other
than the public information mentioned above whereby an employee who objects to material may
seek to have the material removed from the file or may place in the file a statement relating to the
material.
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. Any documents not contained in
these files or maintained as designated by the Human Resources Director are not an official part of
the personnel file.
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
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General Statutes.
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. Separability
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 approved by the County Board of Commissioners.
Section 4. Amendments
This policy may be amended by action of the Board of Commissioners and by resolution
appropriately approved. Notice of any suggested amendment to the policy, or any portion thereof,
shall be provided to employees and opportunities for employee comment and reaction shall be
made available prior to the amendments going to the Commissioners for action. Proposed
amendments should be posted on bulletin boards in all employee work locations and/or in
employee newsletters. Any revisions or amendments adopted in conformance with this procedure
shall become effective as of the date of such adoption.
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PERSON COUNTY GOVERNMENT
PERSONNEL RESOLUTION
Amended _____________2017
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 ............................................................................................. 5
Section 1. Purpose of the Policy ............................................................................................ 5
Section 2. Merit Principles ...................................................................................................... 5
Section 3. Responsibilities of the County Board of Commissioners……………………….…. . 5
Section 4. Responsibilities of the County Manager ................................................................ 5
Section 5. Responsibilities of the Human Resources Director ............................................... 6
Section 6. Application of Policies, Plan, Rules, and Regulations ........................................... 7
Section 7. Departmental Rules and Regulations ................................................................... 7
Section 8. Definitions ............................................................................................................. 7
ARTICLE II. POSITION CLASSIFICATION PLAN ........................................................................ 10
Section 1. Purpose ............................................................................................................... 10
Section 2. Composition of the Position Classification Plan .................................................. 10
Section 3. Use of the Position Classification Plan ................................................................ 10
Section 4. Administration of the Position Classification Plan ............................................... 11
Section 5. Authorization of New Positions and the Position Classification Plan…………….11
Section 6. Request for Reclassification ................................................................................ 11
ARTICLE III. THE PAY PLAN ........................................................................................................ 12
Section 1. Definition ............................................................................................................. 12
Section 2. Administration and Maintenance ......................................................................... 12
Section 3. Starting Salaries .................................................................................................. 12
Section 4. Trainee Designation and Provisions ................................................................... 13
Section 5. Probationary Pay Increases ................................................................................ 13
Section 6. Employee Certification Policy .............................................................................. 13
Section 7. Pay Range Increases .......................................................................................... 14
Section 8. Performance Review and Development System……………..…………………… 14
Section 9. Salary Effect of Promotions, Demotions, Transfers and Reclassifications .......... 14
Section 10. Salary Effect of Salary Range Revisions .......................................................... 15
Section 11. Transition to a New Salary Plan ........................................................................ 15
Section 12. Effective Date of Salary Changes ..................................................................... 16
Section 13. Overtime Pay Provisions ................................................................................... 16
Section 14. On-Call and Call Back Compensation………………………………………… ..... 18
Section 15. Payroll Schedule and Deductions ..................................................................... 19
Section 16. Hourly Rate of Pay for Full-time, Part- time and Temporary Employees and for
Work Weeks with Varying Hours………………………………………………...…19
Section 17. Longevity……………………………………………………………………. ……… 19
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Section 18. Pay for "Interim" Assignment in a higher-level Classification…………………..20
ARTICLE IV. RECRUITMENT AND EMPLOYMENT ..................................................................... 21
Section 1. Equal Employment Opportunity Policy ................................................................ 21
Section 2. Implementation of Equal Employment Opportunity Policy .................................. 21
Section 3. Recruitment, Selection and Appointment ............................................................ 21
Section 4. Probationary Period ............................................................................................ 22
Section 5. Promotion ............................................................................................................ 22
Section 6. Demotion ............................................................................................................. 23
Section 7. Transfer ............................................................................................................... 23
Section 9. Accomodations .................................................................................................... 23
ARTICLE V. CONDITIONS OF EMPLOYMENT ............................................................................ 24
Section 1. Work Schedule .................................................................................................... 24
Section 2. Political Activity ................................................................................................... 24
Section 3. Expectation of Ethical Conduct ........................................................................... 24
Section 4. Outside Employment ........................................................................................... 25
Section 5. Dual Employment ................................................................................................ 25
Section 6. Employment of Relatives .................................................................................... 25
Section 7. Harassment ......................................................................................................... 26
Section 8. Use of County Time, Equipment, Supplies, and Vehicles ................................... 26
Section 9. Performance Evaluation.. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . …..27
Section 10. Safety ................................................................................................................ 27
Section 11. Immigration Law Requirements
Section 12. Substance Abuse and Employee Assistance Program ..................................... 27
Section 13. Credentials and Certifications .......................................................................... 28
Section 14. Travel Rules and Regulations ........................................................................... 28
Section 15: Internet Access ................................................................................................. 28
ARTICLE VI. EMPLOYEE BENEFITS ........................................................................................... 29
Section 1. Eligibility .............................................................................................................. 29
Section 2. Group Health and Hospitalization Insurance ....................................................... 29
Section 3. Group Life Insurance ........................................................................................... 29
Section 4. Other Optional Group Insurance Plans ............................................................... 29
Section 5. Retirement ........................................................................................................... 29
Section 6. Supplemental Retirement Benefits (401-K) ......................................................... 31
Section 7. Social Security .................................................................................................... 31
Section 8. Workers' Compensation ...................................................................................... 31
Section 9. Unemployment Compensation ............................................................................ 31
Section 10.Tuition Assistance Program ............................................................................... 31
Section 11.Credit Union ....................................................................................................... 32
ARTICLE VII. HOLIDAYS AND LEAVES OF ABSENCE .............................................................. 33
Section 1. Policy ................................................................................................................... 33
Section 2. Holidays .............................................................................................................. 33
Section 3. Holidays: Effect on Other Types of Leave ........................................................... 33
Section 4. Holidays: Compensation When Work is Required .............................................. 33
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Section 5. Annual Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ….. . . . . . .34
Section 6. Annual Leave: Accrual Rate……………………………... . . . . . . . . . . . . . . . . . .34
Section 7. Annual Leave: Maximum Accumulation .............................................................. 34
Section 8. Annual Leave: Manner of Taking ........................................................................ 34
Section 9. Annual Leave: Payment Upon Separation .......................................................... 35
Section 10. Annual Leave: Payment Upon Death .............................................................. 35
Section 11. Sick Leave…………………………………………………………………………….35
Section 12. Sick Leave: Accrual Rate and Accumulation .................................................... 36
Section 13. Sick Leave: Medical Certification ...................................................................... 36
Section 14. Bereavement Leave .......................................................................................... 36
Section 15. Extended Leave ................................................................................................ 37
Section 16 Family Medical Leave………………………………………………….…..………..37
Section 17. Family and Medical Leave: Medical Certification .............................................. 39
Section 18. Family Medical Leave and Leave Without Pay: Retention
and Continuation of Benefits . ... . . . . . . . .. . . . . . . . . . . . . . . . . . . . . ……….. 39
Section 19. Workers' Compensation Leave . . . . . . . . . . . . . . ………………….……………40
Section 20. Military Leave……………………………………………………………………….. 41
Section 21. Reinstatement Following Military Service…………………………………………41
Section 22. Civil Leave ......................................................................................................... 41
Section 23. Parental School Leave ...................................................................................... 42
Section 24. Voluntary Shared Leave .................................................................................... 42
ARTICLE VIII. SEPARATION AND REINSTATEMENT ................................................................ 45
Section 1. Types of Separations .......................................................................................... 45
Section 2. Resignation ......................................................................................................... 45
Section 3. Reduction in Force .............................................................................................. 45
Section 4. Disability .............................................................................................................. 45
Section 5. Voluntary Retirement .......................................................................................... 45
Section 6. Death ................................................................................................................... 46
Section 7. Dismissal . . . . . . . ... . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46
Section 8. Reinstatement ..................................................................................................... 46
Section 9. Rehiring ............................................................................................................... 46
ARTICLE IX. UNSATISFACTORY PERFORMANCE OF DUTIES, GROSSLY INEFFICIENT JOB
PERFORMANCE AND UNACCEPTABLE PERSONAL CONDUCT .................................. 47
Section 1. Disciplinary Action for Unsatisfactory Performance of Duties ............................. 47
Section 2. Unsatisfactory Performance of Duties Defined ................................................... 47
Section 3. Communication and Warning Procedures Preceding Disciplinary Action for
Unsatisfactory Job Performance…………………………………………………… 48
Section 4. Disciplinary Action for Unsatisfactory Performance of Duties .............................. 48
Section 5. Pre-Disciplinary Conference for Unsatisfactory Performance of Duties .............. 48
Section 6. Unacceptable Personal Conduct Defined ........................................................... 48
Section 7. Disciplinary Action for Unacceptable Personal Conduct ..................................... 50
Section 8. Pre-disciplinary Conference for Unacceptable Personal Conduct ...................... 50
Section 9. Non-disciplinary Suspension .............................................................................. 50
ARTICLE X. GRIEVANCE PROCEDURE AND ADVERSE ACTION APPEAL ............................ 52
Section 1. Policy ................................................................................................................... 52
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Section 2. Grievance Defined .............................................................................................. 52
Section 3. Purposes of the Grievance Procedure ................................................................ 53
Section 4. Procedure ............................................................................................................ 54
Section 5. Role of the Human Resources Director .............................................................. 55
Section 6. Specific Grievance and Adverse Action Appeal Procedure for Discrimination
and/or Harrassment ............................................................................................ 56
ARTICLE XI. PERSONNEL RECORDS AND REPORTS .............................................................. 57
Section 1. Public Information ............................................................................................... 57
Section 2. Access to Confidential Records . . . . . . ... . . . . . . . . . . . . . . . . . . . . . ……….. 57
Section 3. Personnel Actions ............................................................................................... 58
Section 4. Records of Former Employees ........................................................................... 58
Section 5. Remedies of Employees Objecting to Material in File ......................................... 58
Section 6. Penalties for Permitting Access to Confidential Records .................................... 58
Section 7. Examining and/or Copying Confidential Material without Authorization .............. 59
Section 8. Destruction of Records Regulated ...................................................................... 59
ARTICLE XII. IMPLEMENTATION OF POLICIES ......................................................................... 60
Section 1. Conflicting Policies Repealed .............................................................................. 60
Section 2. Severability .......................................................................................................... 60
Section 3. Effective Date ...................................................................................................... 60
Section 4. Amendments ....................................................................................................... 60
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ARTICLE I. GENERAL PROVISIONS
Section 1. Purpose of the Policy
It is the purpose of this Personnel Resolution (the “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, 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.
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
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;
j) perform such other duties as may be assigned by the County Manager not
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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) The Social Services Director shall be the Appointing and Hiring Authority for positions in the
Social Services Department; and
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e) 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
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
insure 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 Resources in compliance with the rules and regulations under the
State Human Resources Act (Frequently referred to as the State Personnel 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 Personnel 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 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. Copies will be available to all employees for review upon request.
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 make the necessary changes to maintain a fair and
accurate classification plan. The decision of the Human Resources Director is final.
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ARTICLE III. THE PAY PLAN
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 County Commissioners. The salary schedule may consist of a
Hiring, Minimum, Midpoint, and Maximum rates of pay for each job classification approved by the
Board of County Commissioners. Salary increases within the pay range shall be based on criteria
established by the County Manager and approved by the Board of County 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.
The Board 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 not to exceed ten
percent when necessary to accommodate inequities, special performance or achievements, or other
issues.
Section 3. Starting Salaries
All persons employed in positions approved in the position classification plan normally shall be
employed at the Hiring Rate for the classification in which they are employed; however, on the
recommendation of the department head and/or the human resources director, with the approval of
the County Manager, employee salaries may be approved above the Hiring Rate. Reasons for hiring
above the Hiring Rate include exceptional education and experience qualifications of the applicant,
a shortage of qualified applicants, and/or the refusal of qualified applicants to accept employment at
the Hiring Rate. Department Heads shall consider internal equity of other employees in the
department when making a recommendation for employment above the Hiring Rate.
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Elected officials, i.e. the Sheriff and Register of Deeds, shall be paid upon initial election or
appointment, at the entry rate of pay for the position because there is no Appointing or Hiring
Authority to make decisions concerning their qualifications for placement above the hiring rate.
Pay for Part-time or temporary status will be based on the applicable hourly rate for the position.
Section 4. 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 three grades below the Hiring rate established for the position for which the
person is being trained. Assignment three grades below is appropriate when the traineeship is
expected to last two years. Assignment two grades below is appropriate for more than six months
but less than two years. (Note: Positions subject to the State Human Resources Act may be assigned
no more than two grades below as 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
Hiring rate established for the job class.
Section 5. Probationary Pay Increases
Employees hired at the Hiring Rate of the pay range shall receive a salary increase within the salary
range of approximately 5% upon successful completion of the initial probationary period. Employees
serving a twelve-month probationary period are eligible for consideration for this pay increase after
nine months of successful employment. Employees are only eligible for one probationary increase
during their tenure of employment. Grant-funded positions may receive probationary increases, if
funds are available from the grant program.
Section 6. Employee Certification Policy (effective July 1, 2009)
A Full-time employee may be eligible to receive a 1.5% salary increase per advanced certification
obtained if the following conditions are met: 1) Employee obtains certification or accreditation in their
professional field furthering their ability to perform the duties and responsibilities of their position 2)
Increase can only be awarded during the fiscal year in which it was obtained 3) No increases will be
awarded retroactively for certifications obtained prior to the adoption of this policy or in a previous
fiscal year from which the increase is being requested 4) Re-certifications are not eligible for an
increase 5) Employee is not in the disciplinary process at the time the increase is being requested
6) Employee may not receive more than two increases per fiscal year
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*see separate policy titled Person County Employee Certification Policy
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 County
Commissioners.
Grand funded positions may receive merit only if funds are available from the grant program.
Section 9. Salary Effect of Promotions, Demotions, Transfers, and Reclassifications
(See Article I for definitions of these terms)
Promotions. When an employee is promoted to a position with a higher salary grade, the employee's
salary shall normally be advanced to the minimum of the new position, or to a salary which provides
an increase of at least 5% over the employee's salary before the promotion, provided, however, that
the new salary may not exceed the Maximum rate of the new salary range, provided however, that
any promotional raise will be subject to a review for internal equity, and may be altered to promote
the same. Employee (Employees subject to the State Human Resources Act are exempt) will serve
a probationary period but are not eligible for an increase. Only one probationary increase is allowed
after initial employment. The purpose of the promotional pay increase is to recognize and
compensate the employee for assuming increased responsibility. The amount of the salary
adjustment should be based on:
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.
Cost of living (or market adjustment), probationary increases for a previous job, 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
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current range.
Demotions. When an employee is demoted to a position for which qualified, the salary shall be set
at the rate in the lower pay range which provides a salary commensurate with the employees’
qualifications to perform the job when the demotion is not the result of discipline. If the current salary
is within the new range, the employee's salary may be retained at the previous rate, if appropriate.
Consideration should be given to whether the employee is receiving the same pay for decreased
workload or responsibility level and action should be appropriate to this consideration along with
internal equity consideration of the pay rate of other employees in the same classification. If the
demotion is the result of disciplinary action, the salary shall be decreased at least approximately 5%,
but may be no greater than the maximum of the new range.
Transfers. The salary of an employee reassigned to a position in the same class or to a position in
a different class within the same salary grade shall not be changed by the reassignment.
Reclassifications. An employee whose position is reclassified to a class having a higher salary
range shall receive a pay increase of 5% or an increase to the Minimum Rate of the new pay range,
whichever is higher. If the position is reclassified to a lower pay range, the employee's salary shall
remain the same. If the employee's salary is above the maximum established for the new range, the
salary of that employee shall be maintained at the current level until the range is increased above
the employee's salary.
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,
employees in that class shall receive a 5% increase for the salary grade increase. The employee
shall receive a minimum of 5% for the range revision, even if such increases takes the employee
above the midpoint of the new range. 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. Transition to a New Salary Plan
The following principles shall govern the transition to a new salary plan:
1) No employee shall receive a salary reduction as a result of the transition to a new salary plan.
2) 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. The
only exception will be those employees in probationary status and currently being paid at the
Hiring, a trainee rate, or in a "Work Against" status. These employees will remain in their
same relative pay status in the new salary grade assigned.
3) 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.
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4) 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.
Section 12. Effective Date of Salary Changes
Salary changes approved after the first working day of a month shall become effective on the day it
occurs.
Section 13. 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 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
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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 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.
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Section 14. 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 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
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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 15. 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. If the payroll schedule is not followed there is a risk
of not being paid in the same payroll cycle. 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 16. 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 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 17. 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
* Less than 2 years $58
* 2 years, but less than 5 years $100
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
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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 County Commissioners. The
funding will be allocated on an annual basis during the budget adoption process.
*Employees hired on or after July 1, 2011 will not be eligible for longevity pay until they have
completed five years of continuous service. Those employees hired prior to July 1, 2011 shall
be entitled to the longevity benefits in effect on January 1, 2011.
Section 18. Pay for “Interim” Assignment in a Higher-Level Classification
An employee who is formally designated for a period of at least one month to perform the duties of
a job that is assigned to a higher salary grade than that of the employee’s regular classification shall
receive an increase for the duration of the “interim” assignment. The employee shall receive a salary
adjustment to the Hiring rate of the job in which the employee is acting or an increase of 10%. Criteria
involved in determining the amount of compensation shall include
a) the difference between the existing job and that being filled on a temporary basis, and
b) the degree to which the employee is expected to fulfill all the duties of the temporary
assignment.
c) Internal equity
The salary increase shall be temporary and the employee shall go back to the salary he or she would
have had if not assigned to the interim role upon completion of the assignment.
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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 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, or 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, etc., the County may hire or
promote without advertising jobs, upon approval of the County Manager.
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.
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
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positions may be subject to a criminal background check, and if the position requires, a pre-
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:
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a) the benefits to employees and the organization of promotion from within;
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, 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.
County equipment, materials, tool and supplies, shall not be available for personal use and are not
to be removed from County property except in the conduct of official County business, unless
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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 individually.
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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 Office 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
total of eight hundred dollars ($800) per fiscal year. Satisfactory completion of the courses will be
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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 the
effectiveness of service delivery. Annual leave will be taken in quarter hour units.
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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
employee should inform his or her supervisor or Human Resources of the same so that the employee
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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. 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
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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
Servicemember 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 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
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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 17. 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
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 18. 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
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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 times an employee uses paid leave, including but not limited to sick leave, annual leave
or Holiday Leave during any otherwise unpaid FMLA leave, the employee will continue to accumulate
sick and annual leave. An employee ceases to earn leave credits on the date leave without pay
begins and service credit with LGERS is not typically earned while in a leave without pay status.
Section 19. Workers' Compensation Leave
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. 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 does not exceed normal compensation. In some scenarios, an employee on
workers' compensation leave may be eligible to continue to receive benefits under the County 's
group insurance plans. 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.
a) All injuries occurring in the workplace should be reported by the injured employee to their
immediate supervisor as soon as possible. The supervisor or department head shall file an
injury report to the Human Resources Office within twenty-four (24) hours of the time of the
accident.
b) Before returning to work, a statement from the attending physician may be required in order
to clarify that the Employee is able to resume regular duties.
c) Upon return to work, 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. In the event the employee
elects to use sick or annual leave to offset his or her workers’ compensation benefits the
employee will continue to earn sick and annual leave on a pro rata basis, and will retain all
accumulated sick and annual leave. Service in LGERS, however, may not accrue during the
period of workers’ compensation leave. Employees are encouraged to contact LGERS for
any questions related to creditable service time.
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.
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Section 20. 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.
Section 21. 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 22. 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.
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Section 23. 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.
Section 24. 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.
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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
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.
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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. I believe they come back as a new employee and
begin earning annual leave and longevity as a new employee also.
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;
m. Failure to meet work standards or perform critical tasks;
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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 Manage,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 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
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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;
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;
5) Engaging in incompatible employment or servicing a conflicting interest;
6) Request or acceptance of gifts in exchange for favors or influence;
7) Engaging in political activity prohibited by this policy; or
8) Stated refusal to perform assigned duties or flagrant violation of work rules and regulations.
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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, Appointingor 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, in the sole
discretion of the County, be deemed in the best interest of the County, the Department Head, with
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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
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;
b. The Age Discrimination in Employment Act;
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c. The Family Medical Leave Act;
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.
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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 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 orHiring 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
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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.
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
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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 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.
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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 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: Nov. 20, 2017
Agenda Title: Government Facilities Fiber bid response and contract
Summary of Information:
After two rounds of bidding, staff received two qualified bids for the Government Facilities Fiber
bid. Staff and the consultant reviewed both bids and the bid from Utiliplex for $2,967,972.89 is
recommended.
The consultant will be available to answer specific questions about the bid and note any changes the
board wishes to make. Attached is a draft of the contract.
Recommended Action: Provide feedback about the contract and authorize the Chairman to sign the
final contract.
Submitted By: Assistant County Manager, Sybil Tate
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FIBER OPTIC NETWORK CONSTRUCTION AND MAINTENANCE AGREEMENT
BETWEEN PERSON COUNTY AND UTILIPLEX, LLC
This Fiber Optic Network Construction and Maintenance Agreement is entered into by and between
Person County (the “County”), and UtiliPlex, LLC (the “Provider”).
RECITALS
WHEREAS, Provider is in the business of providing, implementation, maintenance, and other
logistical services for fiber networks;
WHEREAS, Provider successfully responded to a Request for Proposals issued by the
County on October 14, 2017 (the “RFP”);
WHEREAS, on Nov 20, 2017, the Person County Commissioners, respectively, accepted
Provider’s proposal for fiber optic network construction and services;
WHEREAS, the County seeks to enter into an agreement to provide for the construction and
maintenance of the fiber optic network contemplated by this Agreement and as more specifically
described in Section 2 below (the “System”).
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth in the
Agreement, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as follows:
Section 1. Entire Agreement and Inclusion of Documents
It is understood and agreed that the entire agreement of the parties is contained herein and that
this Agreement supersedes all oral agreements and negotiations between the parties relating to the
subject matter hereof as well as any previous agreements presently in effect between the County
and Provider relating to the subject matter hereof.
This Agreement, along with the following documents which are incorporated herein by
reference, constitutes the entire understanding of the parties with respect to the System:
a. Specifications for Fiber installation materials (Appendix A).
b. Request for Proposal (RFP) issued by the County on October 14, 2017 and
associated addenda (Appendix B).
c. Provider’s response to the RFP issued by the County (Appendix C).
In the event of any inconsistency between this Agreement and the documents listed above, the
order of precedence to resolve conflicts shall be this Agreement, the RFP and Provider’s response
to the RFP.
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Section 2. Scope of Provider’s Services
a. Construction Management Services
1. Provider agrees to furnish the following services in connection with the fiber
network ("System") as listed below. “System” for purposes of initial
installation and testing includes new construction for the route specified in
the RFP.
2. Provider agrees further to meet regularly with County’s project manager(s) and
project team to establish project timelines, initial construction documents, updates
on the construction activities, and coordinate problem resolution. The Provider
shall notify the County’s project manager at least two weeks in advance before
construction begins, allowing adequate time for the county to communicate
with citizens. The Provider shall assist with the notification of citizens as
requested by the County including the placement of signs and door hangers as
instructed.
3. Provider shall abide by all Federal, State, and local laws, Statutes,
ordinances, rules and regulations now in effect or hereinafter adopted
pertaining to this Contract or to the facilities, programs, and staff for
which Provider is responsible.
4. Provider shall construct the route as identified in specifications and Drawings
sheets as specified, modified, and/or expanded by this Agreement, as depicted on
the map included in the RFP in Appendix B. Construction shall be underground
and aerial as noted in the RFP Response (Appendix C).
5. Provide additional construction management services, including:
a) Providing a dedicated technical/management resource to the project. The
Provider has identified this resource as Dr. Rocco DiSanto, DDS.
Provider is authorized to replace Dr. Rocco DiSanto, DDS with a
technical/management resource of equal or greater qualifications and
expertise.
b) Coordination with necessary personnel to obtain all permits.
c) Procuring and providing specifications for all outside plant materials
including fiber, and supervising construction.
d) Working with the County, County’s assigned personnel, and with
Provider’s construction contractors to assure that the System is
constructed according to specifications, particularly those in Appendix A,
and in compliance with the project objectives.
e) Assuring that appropriate Provider resources as needed are
available in a timely fashion.
f) Managing the selected sub-contractor(s) to conduct staking and
performing inspections of the fiber network construction to assure that it
meets specifications in Appendix A.
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g) Assisting in the development of testing and acceptance of the
System per specifications in Appendix A
h) Reviewing test results and following up with contractors in any re- testing
needed to assure compliance with specifications.
i) Assuring that, upon completion of the System construction, mapping
services from the Provider accurately update the System documentation
using GPS coordinates and that electronic copies of fiber maps are
provided to the County.
j) Providing copies of the documentation and as-built maps and providing
to the County. Ensuring that as-built documentation complies with
industry standards.
k) Working with the County and others as needed to develop maintenance,
administrative, and support processes needed for ongoing operation of
the System.
l) When planning new projects that may be useful to or have an impact on
the other parties, Provider will make its best efforts to share this
information, provided that the sharing of such information does not
violate non-disclosure agreements with any third party by the disclosing
party.
6. Vaults, Fiber Splicing and Testing, including:
a) Constructing and being responsible for the cost of all new vaults as part of
the System. Consistent with industry practices, the Provider shall review
vault specifications with the County before proceeding with any
procurement or construction activities.
b) Splicing all fibers as per County’s specifications. These include splicing
of fibers inside the buildings in termination panels.
c) Testing all fibers to verify proper splicing and provide Optical time-
domain reflectometer (OTDR) test results. Testing shall be performed
in compliance with Appendix A.
d) Providing splicing diagrams. Maintaining and updating splicing diagrams
and OTDR results as appropriate as part of maintenance activities.
Section 3. Ownership of System
a. The County shall have sole ownership of the entire System once completed.
Section 4. County’s Responsibilities
The County shall take the following actions to assist Provider in the performance of its duties under
this Agreement:
a. Meet with Provider as needed and provide all necessary information that is in the
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possession of the County and that is required to engineer and design the System.
b. Provide access to all of the County facilities and use its best efforts to secure the
necessary access to the City of Roxboro and Person County School’s buildings, as
determined by the County and the Provider, to allow performance of Provider's duties,
during regular business hours, or as mutually agreed by the County and Provider.
c. Work with the Provider in obtaining space for vaults on County’s property as identified
in the RFP response. The County will make all reasonable efforts to accommodate the
requests
d. Review Provider's schedule and coordinate with Provider regarding
implementation of the System.
Section 5. Governmental Approval Contingency
a. The Provider shall be bound by the requirements and standards contained in all
applicable federal, state, and local telecommunications laws and regulations,
except those requirements and standards which are not applicable to the Provider.
Section 6. Effective Date
This Agreement shall be effective on the signature date of the last signatory to this Agreement
(“Effective Date”). All Addenda or Amendments to this Agreement shall be effective on the signature
date of the last signatory to such Amendment or Addendum.
Section 7. Termination and Cancellation
This Agreement may be terminated by either party for cause, pursuant to the default provisions
outlined in Section 23 of this Agreement. In the event of such termination, Provider shall be
entitled to payment for work or services satisfactorily performed on or prior to the date of
termination. The County, upon their own act or if compelled to do so by another Federal, State or
local agency, may terminate this Agreement immediately for any material violation of Federal,
state or local laws, rules or regulations that are directly related to Provider's performance under
this Agreement. County shall give Provider written notice describing the asserted violation and an
opportunity to immediately cure such violation except in circumstances where the violation could
be detrimental to the general health, safety, or welfare of the public and/or the termination is
compelled by another Federal, State or local agency.
Any equipment owned by Provider remains the property of the Provider upon termination of the
Agreement.
Section 8. Warranty
Provider warrants, for a period of five (5) years after the Date of Acceptance, that the materials
and equipment included within the System shall be of good quality and new unless otherwise
specified or permitted by this Agreement or the RFP and that the System will be free from material
defects not inherent in the quality required or permitted. Any claims made by the County under
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this Agreement for defective work or materials shall be made within a reasonable period of time
after the defect is discovered but in any event no later than the date sixty (60) days after the date of
discovery. Provider's sole obligation under the warranty set forth in this Section is to correct,
repair or replace, as necessary, any defective item caused by poor workmanship or materials if the
County notify Provider of the defective item within the five year period.
Section 9. Restoration of Property
Upon completion of any work requiring the opening of any public or privately owned ground,
Provider shall restore the same, including paving and its foundations, to the same substantial
condition as said public ground was in immediately prior to the work, and in such condition as
may be required by applicable local and state ordinances, rules and regulations and in compliance
with RFP. Said work shall be completed as promptly as weather permits, and if the Provider shall
not promptly perform and complete the work, the County shall have the right, following ten (10)
days’ written notice to the Provider, to put the right-of-way, public ground or any other public or
private property damaged, disturbed or destroyed by Provider’s performance under this
Agreement, in good condition at the expense of the Provider.
Section 10. Security/Access
a. Provider shall notify the County in writing at least 48 hours prior to accessing any
part of the existing infrastructure and/or excavating within 100 feet of existing
infrastructure. However, in an emergency repair situation, required notice prior to
access shall be 2 hours minimum.
b. Provider personnel (including subcontractors) must be accompanied by
County personnel whenever accessing County vaults.
c. County hand hole/vault covers shall be locked or secured with tamper resistant bolt
(if present) at all times except when actively working in a vault/hand hole.
Section 11. Compensation Terms and Conditions of Payment
a. The following payment schedule shall be used:
1. 10% payment due when invoices are produced for ordering the Fiber Cable and all
other outside plant materials (Vaults, Fiber Termination Panels, Handholes,
Markers, Splice Panels, Splice enclosures, etc.)
2. 15% payment when the first segment is complete and inspected
3. 15% payment when the second segment is complete and inspected
4. 10% payment when the third segment is completed and inspected
5. 50% payment will be paid when all fiber builds are substantially completed, spliced
and tested.
b. Payment for billable services for non-recurring items (such as relocations). Provider shall
invoice the County for such services, and the County shall pay their individual invoices
within thirty (30) days of receipt.
c. Provider shall receive remittance payments from the County in the form of paper checks.
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d. Acceptance and Date of Acceptance. The contract will be considered substantially
complete under the following conditions:
1. All of the work has been completed in accordance with the contract and
specifications.
2. The System tests within specifications and operates in conformance with
manufacturer’s published specifications.
3. All documents and manuals as specified and agreed upon, including “as-builts"
and Fiber Test Results have been provided.
4. The Provider shall certify in writing to the County when the system or service
is installed, operational in accordance with the specifications stated above, and
ready for use. Upon receiving the certification, the County will schedule
acceptance testing. At the end of the acceptance period, the County will notify
the Provider of system acceptance. The date identified in the letter constitutes
Date of Acceptance.
e. Condition of Payment. All services provided by Provider pursuant to the Agreement
shall be performed to the reasonable satisfaction of the County and in material
compliance with all applicable federal, state and local laws, ordinances, rules and
regulations. Provider shall not be entitled to receive payment for work found by the
County, in its reasonable discretion, to be in material noncompliance with the
applicable specifications. If the County determines that work performed by Provider
does not substantially comply with the Agreement and this Amendment, the County
shall provide written notice to Provider describing the work found to be noncompliant.
Provider shall correct the noncompliance within thirty (30) days of said notice. Upon
correction of the noncompliance, payment shall be made pursuant to the payment
procedures in Item c outlined above.
Section 12. Permits, Filings and Agreements
As part of its services, the Provider shall obtain all necessary permits.
Section 13. Relocation or Replacement of System Segments
a. Relocation or Replacement. If a relocation or replacement of the System segment
(or any of the appurtenant facilities used or required in its use) is required by reason
of circumstances beyond the control of the County or Provider, then, so long as
such work is not necessitated by a breach of County's obligations or warranties,
Provider shall complete such relocation or replacement. The Provider shall use
commercially reasonable best efforts to ensure that any such relocation or
replacement will not result in an adverse change to the operations, performance or
connection points of the System.
Prior to initiating any work, Provider shall develop a quote for such relocation or
replacement The County shall have the right to negotiate a market competitive rate
with the Provider
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Section 14. Taxes
a. Definition of Taxes. As used in this Agreement, "Tax" or "Taxes" shall mean any and
all taxes, fees, assessments, charges or levies, together with any penalties fines, or
interest thereon (hereinafter collectively referred to as "Taxes"), imposed by any
authority having the power to tax, including any city, county, state or federal
government or quasi-governmental agency or taxing authority.
Section 15. Authorized Agents
County shall appoint authorized agents for the purpose of administration of this Agreement.
Provider is notified that the authorized agents of County are as follows:
Heidi York
County Manager
Person County
304 S Morgan St
Roxboro, NC 27573
hyork@personcounty.net
336-597-1720
The County is notified the authorized agent for the Provider is as follows:
Dr. Rocco F. DiSanto, DDS
Chief Executive Officer
UtiliPlex, LLC
100 E Meeting Street,
Morganton, NC 28655
drdisanto@utiliplex.net
Section 16. Assignment of Claims
Nothing contained herein shall operate as a limitation on the right of either party hereto to bring an
action for damages, including consequential damages, against any third party based on any acts or
omissions of such third party as such acts or omissions may affect the operation or of the System or
the Provider Fibers; provided, however, that each party hereto shall assign such rights or claims,
execute such documents and do whatever else may be reasonably necessary to enable the injured party
to pursue any such action against such third party.
Section 17. Indemnity
Provider shall indemnify, defend and hold the County, its elected officials, agents, officers,
employees, volunteers and assigns harmless from and against any and all claims, demands, liability,
loss, cost, damage or expense of any nature whatsoever, including all costs and attorney's fees,
made against them on account of injury, sickness, death or damage to persons or property which is
caused by or arises out of, in whole or in part, the willful, tortious or negligent acts, failures and/or
omissions of Provider or its agents, servants, .employees, contractors, subcontractors or assigns in
the construction, operation or maintenance pursuant to this Agreement; provided, however, such
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indemnification shall not extend to injury or damage caused by the negligence or willful
misconduct of the County, its agents, officers, employees, volunteers or assigns.
In the event any such claim or demand be presented or filed with the County, the County shall
promptly notify Provider in writing of the claim thereof, and Provider shall have the right, at its
election and sole cost and expense, to settle and compromise such claim or demand; provided
further, that in the event any suit or action be begun against the County, the Provider shall likewise
promptly notify the County thereof, and the County shall have the right, at their election and at
their sole cost and expense, to settle and compromise such suit or action, or defend the same at
their sole cost and expense, by attorneys of their own election.
Provider shall also indemnify the County from, and defend the County against, any and all liability or
expenses (including attorney’s fees and expenses reasonably incurred) arising out of or relating to any
claim that Provider’s software, hardware, services or maintenance/support infringe upon the intellectual
property rights of a third party including, without limitation, patent, copyright, trademark, and trade
secret rights.
The Provider shall purchase a performance bond and payment bond in the amount of one hundred percent
(100%) of the construction contract, following the rules set forth in GS 44A-26.
Section 18. Limits of Liability
It is understood and agreed that the County's liability shall be limited by the provisions of North
Carolina Statutes and other applicable law.
PROVIDER AND THE COUNTY SHALL NOT BE LIABLE TO EACH OTHER OR TO
ANY OTHER PERSON OR ENTITY, UNDER ANY CIRCUMSTANCE OR DUE TO ANY EVENT
WHATSOEVER, FOR CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT
LIMITATION, LOSS OF PROFIT, LOSS OF USE OR BUSINESS STOPPAGE
Section 19. Insurance
General Requirements:
Provider’s insurance shall be primary, and not excess, to any other coverage carried by the
County.
Insurance companies must be acceptable to the County.
Coverage needs to be in force for the complete term of the contract. If insurance expires during the
term of the contract, a new certificate must be received by the County at least ten (10) days prior to
the expiration of this insurance. This new insurance must still meet the terms of the original
contract.
Provider is responsible for any deductible or self-insured retention contained within the
insurance program.
Certificate of Insurance:
Provider shall furnish an original Certificate of Insurance as evidence of required
coverage to the appropriate County representatives before work commences. A person
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authorized by the insurer to bind coverage should sign the Certificate.
The Certificate should include a minimum 30-day written notice of intent to cancel,
suspend, or reduce coverage.
The Certificate should identify the County as Additional Insureds for relevant
coverages, except workers’ compensation.
Insurance shall be placed with insurers with a current A.M. Best rating of no less than
A:VII.
Commercial General Liability Coverage:
The minimum limits of liability should be:
$3,000,000 Aggregate
$3,000,000 Products and Completed Operations Aggregate
$1,500,000 Personal Injury and Advertising Injury
$1,500,000 Each Occurrence
$ 100,000 Fire Damage Limit
$ 5,000 Medical Expenses
The policy should be written on an occurrence basis, not a claims-made basis.
• Excess umbrella/liability coverage may be used to reach the total recommended
limits.
Auto Liability Coverage:
The minimum limits of liability should be:
A Combined Single Limit: $1,500,000 per occurrence
Auto coverage should include: Any Auto, including Hired and Non-Owned.
• Excess umbrella/liability coverage may be used to reach the total recommended
limits.
Professional Liability Coverage:
• Minimum limits of liability should be:
$2,000,000 per Wrongful Act or Occurrence
$2,000,000 Annual Aggregate
Umbrella Liability Coverage:
An umbrella liability policy may be used in conjunction with primary coverage limits to meet
the minimum limit requirement for each coverage.
The County should be listed as an Additional Insured.
Workers’ Compensation and Employer’s Liability Coverage:
Workers’ Compensation limits are to be statutory per applicable state and federal laws.
Employer’s Liability Coverage:
Minimum Limits of:
Bodily Injury by Accident: $500,000 each accident
Bodily Injury by Disease: $500,000 each employee
Bodily Injury by Disease: $500,000 policy limit
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Section 20. Confidentiality
a. Confidentiality of Information. Provider and the County shall ensure that any and
all information and documents obtained from the other party during the Term of
this Agreement that are defined as confidential information pursuant to North
Carolina Statutes, will be held in strict confidence and will not be disclosed or used
for any purpose other than a party's performance required or permitted by this
Agreement, and except for disclosures to Affiliates, directors, officers, employees,
advisors and agents with a bona fide need to know any such information solely for
the purpose of analyzing, investigating, or evaluating issues arising under this
Agreement. The term "Affiliate" shall mean any person or entity controlling,
controlled by, or under common control with a party.
b. Ownership and Return of Information. All documents, data or information furnished
by Provider or the County is the sole property of that party. Upon the expiration of
this Agreement, those documents, data, or information shall be returned to the
owing party if readily available.
Section 21. Default
Except as specifically provided in this Agreement to the contrary, neither party shall be in default
under this Agreement unless and until the other party shall have given the defaulting party written
notice of such default and the defaulting party shall have failed to cure the default within thirty (30)
days after written receipt of such notice; provided, however, that where a default cannot be
reasonably cured within the thirty (30) day period, if the defaulting party shall promptly proceed to
cure the default with due diligence, the time for curing the default shall be extended for a period of
up to ninety (90) days from the date of receipt of the default notice.
Section 22. Subcontracting and Assignment
Except as set forth in Provider’s bid response, Provider shall not enter into any subcontract for the
performance of any services contemplated under this Agreement without the prior written
approval of the County; and, such approval shall not be unreasonably withheld subject to such
conditions and provisions as the County may deem necessary. In the event a subcontractor is
approved, the Provider shall be responsible for the performance of all Subcontractors. Provider
shall require that any subcontractor agrees to and complies with all of the terms of this
Agreement. Any subcontractor of Provider used to perform any portion of the work under this
Agreement shall report to and bill Provider directly. Provider shall be solely responsible for the
breach, performance or nonperformance of any subcontractor.
The County cannot make final payment to Provider until the North Carolina Department of Revenue
has certified that the Provider and any subcontractor have fulfilled the requirements of North Carolina
withholding tax laws. The following Withholding Affidavit must be submitted by the Provider to the
North Carolina Department of Revenue for their approval before final payment:
http://www.dornc.com/taxes/wh_tax/semiweekly_booklet_eft.pdf
No party may assign or transfer any rights or obligations under this Agreement without the prior
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consent of the other Parties and a fully executed Assignment Agreement, executed and approved by
the same parties who executed and approved this Agreement, or their successors.
Section 23. Force Majeure
The County and Provider agree that neither party shall be liable for any delay or inability to
perform this Agreement, directly or indirectly caused by, or resulting from, explosion, fire, flood,
unusually severe weather, power failure, war, riot, civil commotion, acts of God, acts of public or
quasi-public authorities, epidemic or other causes beyond the reasonable control of Provider. Both
parties shall use all commercially reasonable efforts to mitigate any damages that might be
suffered by reason of any event giving rise to remedy hereunder.
Section 24. Data Practices
a. All data collected, created, received, maintained, or disseminated, in any form, for
any purposes by the activities of Provider because of this Agreement is governed by
this Act, as amended, the North Carolina Rules implementing such Act, as amended,
and Federal Regulations on data privacy. The person responsible for release of all
data under this Agreement shall be the authorized agent of the County as recognized
in section 15.
b. Health Insurance Portability and Accountability Act (HIPAA- 45 C.F.R. §§160, 162,
164). If, under this Agreement, the exchange of Protected Health Information in any
form is anticipated, the Provider shall comply with all regulatory obligations
including signing any required agreements (e.g., Business Associate Agreement).
Such agreements shall be attached to and incorporated into this Agreement.
c. Release. Except as otherwise required by law, no data may be released by either
party to any third party, including any media relations, without the express consent
of the non-releasing party or its authorized representative .
d. Ownership. Ownership of all data prepared for or by the County, whether having
commercial value or not, shall remain with the County. All data prepared for or by
the Provider, its contractors, or its subcontractors shall remain the property of the
Provider unless it is part of the required documentation or specifications for the
County, in which case Provider shall retain an unlimited license with respect to said
data.
Section 25. Independent Contractor
a. Nothing contained in this Agreement is intended or should be construed as
creating the relationship of co-partners or joint ventures between the Provider and
the County. No tenure or any rights including worker's compensation,
unemployment insurance, medical care, sick leave, vacation leave, severance pay,
PERA, or other benefits available to County employees, including indemnification
for third party personal injury/property damage claims, shall accrue to the Provider
or employees of the Provider performing services under this Agreement.
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b. Provider acknowledges and agrees that no withholding or deduction for State or
Federal income taxes, FICA, FUTA, or other, will be made from any payments due
Provider and it is Provider 's sole obligation to comply with all federal and state tax
laws.
c. Provider shall at all times be free to exercise initiative, judgment and discretion as
to how to best perform or provide services identified in this Agreement.
d. Provider is responsible for hiring sufficient workers to perform the services
required by this Agreement and withholding taxes and paying all other
employment tax obligation on their behalf.
e. The Provider shall be solely responsible for the health and safety of its employees
and subcontractor's employees in connection with the services performed in
accordance with this Agreement. The Provider shall ensure that all employees,
including those of all subcontractors, have received training required to properly
and safely perform services outlined in this Agreement. Such training is to
include, but not be limited to, all applicable sections of the State and Federal
Occupation, Safety and Health Administration (OSHA) laws, Superfund
Amendments and Reauthorization Act (SARA), Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA), Uniform Fire Code
and/or any other applicable health and safety regulations. Upon the request of the
County, the Provider shall provide copies of any licenses and/or training records
for Provider and/or Provider’s employees or subcontractor’s employees who
perform services pursuant to this Agreement.
Section 26. Notices
Except as otherwise specifically provided in this Agreement, any notice to a party required or
permitted hereunder shall be sufficiently given only when provided in writing, and either
personally delivered, delivered by nationally recognized overnight courier (such as Federal
Express) or sent via certified or registered mail addressed to Provider at its address stated herein,
and to the authorized agent of the County at the address stated herein, or to such other address as
either party may from time to time designate in writing to the other.
Section 27. Controlling Law
The laws of the State of North Carolina shall govern all questions and interpretations concerning
the validity and construction of this Agreement, the legal relations between the parties and
performance under this Agreement. The appropriate venue and jurisdiction for any litigation
hereunder will be those courts located within the County of Person in the State of North Carolina.
Litigation in the federal courts involving the parties will be in the appropriate federal court within
the State of North Carolina.
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Section 28. Nondiscrimination
During the performance of this Agreement, the Provider agrees to the following: No person shall,
on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status,
criminal record, creed or national origin be excluded from full employment rights in, participation
in, be denied the benefits of or be otherwise subjected to discrimination under any and all
applicable Federal and State laws against discrimination.
Every Contract for or on behalf of the State of North Carolina, or any county, city, town, township,
school, school district, or any other district in the state, for materials, supplies, or construction shall
contain provisions by which the Contractor agrees:
1. That, in the hiring of common or skilled labor for the performance of any work under
contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of
race, creed, or color, discriminate against the person or persons who are citizens of the United
States or resident aliens who are qualified and available to perform the work to which the
employment relates;
2. That no contractor, material supplier, or vendor, shall, in any manner, discriminate
against, or intimidate, or prevent the employment of any such person or persons identified in
Clause 1. of this section, or on being hired, prevent, or conspire to prevent, the person or
persons from the performance of work under any contract on account of race, creed, or color;
3. That this contract may be canceled or terminated by the state, county, city, town, school
board, or any other person authorized to grant the contracts for employment, and all
money due, or to become due under the contract, may be forfeited for a second or any subsequent
violation of the terms or conditions of this contract.
Section 29. Equal Employment and Americans with Disabilities
In connection with the work under this Agreement, Provider agrees to comply with the applicable
provisions of state and federal equal employment opportunity and nondiscrimination statutes and
regulations. Provider agrees that, in the hiring of common or skilled labor for the performance of any
work under contract it shall not, by reason of race, creed, or color, discriminate against the person or
persons who are citizens of the United States or resident aliens who are qualified and available to
perform the work to which the employment relates. Further, it shall not, in any manner, discriminate
against, or intimidate, or prevent the employment of any such person or persons, or on being hired,
prevent, or conspire to prevent, the person or persons from the performance of work under any
contract on account of race, creed, or color. Provider acknowledges that violation of North Carolina
Statutes Section 181.59, Discrimination on Account of Race, Creed, or Color Prohibited in Contract,
is a misdemeanor. Provider acknowledges that this contract may be canceled or terminated by the
County and all money due, or to become due, under the contract may be forfeited for a second or any
subsequent violation of the terms or conditions of this Section.
Section 30. Amendments and Changes
At any time the County may make changes within the general scope of the work by issuing a
written amendment duly executed by authorized representatives of the County and the Provider.
Amendments to the Agreement shall be negotiated by the County with the Provider whenever
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necessary to address changes in the terms and conditions, costs, timetable, or increased or decreased
scope of work. An approved amendment means one approved by the authorized signatories of the
Contractor and the County as required by law.
The parties agree that no change or modification to this Agreement, or any attachments hereto, shall
have any force or effect unless the change is reduced to writing, dated, and made part of this
Agreement. The execution of the change shall be authorized and signed in the same manner as for
this Agreement.
Section 31. Severability
In the event any provision of this Agreement shall be held invalid and unenforceable, the
remaining provisions shall be valid and binding upon the parties unless such invalidity or Non-
enforceability would cause this Agreement to fail its purpose. One or more waivers by either
party of any provision, term, condition or covenant shall not be construed by the other party as a
waiver of a subsequent breach of the same by the other party.
Section 32. No Remedy Exclusive
No remedy set forth in this Agreement is intended to be exclusive and every such remedy shall be
cumulative and shall be in addition to every other remedy given under this Agreement. No delay
or omission to exercise any right or power accruing upon any default shall impair any such right or
power or shall be construed to be a waiver thereof and any such right or power may be exercised
from time to time as often as may be deemed expedient by the party exercising such right or
power.
Section 33. Authority
By signing this Agreement, the Provider and the County hereby each represent and warrant that (a)
it is an entity duly organized, validly existing and in good standing in the laws of the jurisdiction of
its formation; (b) it has the requisite power and authority under the laws of the jurisdiction of its
formation and the laws of the State of North Carolina to enter into this Agreement and the
transactions contemplated hereby and to perform all of its obligations hereunder; (c) the execution,
delivery and performance of this Agreement by it has been duly authorized by resolution of its
governing body or by other appropriate official action; (d) it has obtained all authorizations and
consents necessary to execute. deliver and perform this Agreement and the transactions
contemplated hereby; (d) the person executing this Agreement on its behalf is duly authorized to do
so; and (e) this signed Agreement represents its legal, valid and binding obligation and is
enforceable against it in accordance with the terms of this Agreement, except limited by any
applicable bankruptcy, insolvency, reorganization, moratorium or other laws of general
application relating to or affecting the enforcement of creditors' rights and rules or laws concerning
equitable remedies.
Section 34. Counterparts
This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which shall constitute but one and the same instrument.
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Section 35. Binding Effect
This Agreement shall inure to the benefit of and shall be binding upon Provider and the
County and their respective successors and permitted assigns.
Section 36. Captions
The captions or section headings in this Agreement are for convenience only and in no way
defend, limit or describe the scope or intent of any provisions, sections or clauses of this
Agreement.
Section 37. Waiver
No failure to exercise and no delay in exercising, on the part of either party hereto, any right,
power or privilege hereunder shall operate as a waiver hereof, except as expressly provided
herein. Any waiver by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other or subsequent breach and shall not be construed to be a
modification of the terms of this Agreement unless and until agreed to in writing by both parties.
Section 38. Reasonable and Timely Action
All actions, activities, consents, approvals and other undertakings of the parties in this
Agreement shall be performed in a reasonable and timely manner.
Section 39. Further Assurances
Provider and the County agree that they will from time to time, execute, acknowledge and deliver,
or cause to be executed, acknowledged and delivered, such supplements hereto and such further
instruments as may reasonably be required to carry out the expressed intention of this Agreement.
Except as hereinabove amended, the terms, conditions and provisions of said Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed
intending to be bound thereby.
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FOR PERSON COUNTY
by its authorized representatives
BY:
(Signature)
NAME
(Printed Name)
TITLE:
(Authorized representative)
DATE:
BY:
(Signature)
NAME
(Printed Name)
TITLE:
(Authorized representative)
DATE:
FOR COMPANY
by its authorized representatives
BY:
(Signature)
NAME
(Printed Name)
TITLE:
(Authorized representative)
DATE:
BY:
(Signature)
NAME
(Printed Name)
TITLE:
(Authorized representative)
DATE:
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APPENDIX A: SPECIFICATIONS FOR FIBER BUILD
Material Requirements
Material will comply with those standards as established by UL or NEMA and shall be
commercial grade. All materials will be new and free from defects.
Selected contractor and its subcontractors will provide all material management to ensure
that the project remains on track according to the project milestones,
All due caution will be exercised in transporting and off-loading all materials to prevent
any damage during shipping or placement. Any damage to any materials after their initial
receipt and inspection by the Provider will be the sole responsibility of the Provider, who
will replace such damaged materials at no additional expense to the County.
Buried conduit shall be High-density polyethylene (HDPE) with appropriate couplings.
All fittings for HDPE pipe meet or exceed the following specifications:
o ASTM F714 Standard Specification for Polyethylene (PE) Plastic Pipe (SDR-PR),
based on outside diameter.
o ASTM D1248 Standard Specification for Polyethylene Plastic Molding and
Extrusion.
o ASTM D3350 Standard Specification for Polyethylene Plastic Pipe and Fittings
Materials.
o ASTM D3035 Standard Specification for Polyethylene (PE) Plastic Pipe (SDR-
PR). Based on controlled outside diameter.
o ASTM D3261 Standard Specification for Butt Heat Fusion PE Plastic Fittings for
PE Plastic Pipe and Tubing.
All Hand Holes shall be NC DOT approved, 45,000 lb. load rated CDR or comparable
enclosures on roadways and railways, and pedestrian rated hand holes for non-roadways and
railways.
Fiber must be Single Mode with the following specifications:
o TU‐T G.652.C/D compliant
o Maximum Attenuation @ 1310nm 0.34 dB/km
o Maximum Attenuation @ 1385nm 0.31 dB/km
o Maximum Attenuation @ 1550nm 0.22 dB/km
Connector Types should be LC unless otherwise specified by the County.
Any warranties associated with the fiber and any other outside plant materials must revert
to the County as the fiber owner upon completion of construction.
Specifications:
Survey
Comply with all ordinances and regulations. Where required, secure permits before placing
or excavating on private property, crossing streams, pushing pipe or boring under streets and
railways. Pre-survey shall be done prior to each job.
Provider will locate underground lines of third parties in cable route area
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Permits and Traffic Control
The Provider must adhere to all applicable laws, rules and requirements and must apply for
permits to place infrastructure per specification per county or city ordinance applicable to
where the infrastructure is being placed.
All traffic control, in accordance with local, state, county, or permitting agency laws,
regulations, and requirements, will be the Provider’s responsibility. The Provider’s
construction schedule will take into consideration sufficient time for the development and
approval of a traffic control plan.
Tracer Wire Installation
Tracer wire shall be placed with all conduit installed unless armored or traceable cable is
used. The Provider will provide the tracer wire and shall install, splice and test (for
continuity) the tracer wire. If the tracer wire is broken during installation, the wire should
be repaired and tested for continuity after repair.
Place a #12 insulated copper locate wire from the ground rod to the fiber optic termination
room or to the outside of the building directly below the pull box and terminate on one side
of an insulated indoor/outdoor terminal block to the master ground bar in the fiber optic
termination room or place a ground rod on the outside of the building. Locate block in an
accessible location. This is for “locate purposes only,” not for grounding purposes. Note on
as-built where ground is placed and tag located wire as “locate wire.”
Depth of Burial
Except where otherwise specified, the cable shall be placed to a minimum depth of 36” along roadways and 24”
on private property. Greater cable depth will be required at the follow locations:
Where cable route crosses roads, the cable shall be placed at a minimum depth of 48” below
the pavement or 36” below the parallel drainage ditch, whichever is greater, unless the
controlling authority requires additional depth, in which case the greatest depth will be
maintained.
Where cable crosses existing sub-surface pipes, cables, or other structures: at foreign object
crossings, the cable will be placed to maintain a minimum of 12” clearance from the object
or the minimum clearance required by the object’s owner, whichever is greater.
Highway, Railroad, and Other Bored Crossings
All crossings of state or federal highways and railroads right-of-way shall be made by boring. The
cable shall be placed through the conduit. Country road and other roadways shall be bored,
trenched, or plowed as approved by the appropriate local authority. Note that rights-of-way
agreements may require placement of fiber in pipe casting in some of these areas.
All work performed on public right-of-way or railroad right-of-way shall be done in accordance
with requirements and regulations of the authority having jurisdiction there under.
Provider shall give all notices and comply with all laws, ordinances, rules and regulations bearing on
the conduct of the Work as drawn.
Where the cable route crosses railroad right-of-way, the cable shall be placed at a minimum depth of
60” below the railroad surface or 36” below the parallel drainage ditch, whichever is greater, unless
the controlling authority requires additional depth, in which case the greatest depth will be
maintained.
Cable Markers
Cable markers shall be placed within 48 hours of cable installation. Unless the right-of-way or
property owner specifies otherwise, cable markers shall be placed at all change in directions, splices,
fence line crossings, at road and stream crossings, and other points on the route not more than 1,500
feet apart.
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In addition, on highway right-of-way, the markers shall be located at the highway right-of-way line.
Markers shall always be located so that they can be seen from the location of the cable.
Hand Holes
Hand holes will be placed in accordance with standard industry practice following the specifications
provided in the construction plans, typical drawings, and detail drawings. Special attention and
planning must be exercised to ensure accessibility by other groups after construction has been
completed.
All hand holes unless otherwise stipulated by the drawings will be buried with 12” to 18” of cover at
final grade.
Immediately after placement, the soil around and over the hand hole will be tamped and compacted.
Should any washouts occur, the Provider will be responsible for correcting the problem immediately
without additional cost to the County.
After cable placement all ducts will be sealed.
All splice hand holes/manholes will be grounded
A minimum of 100’ coil of cable shall be left in each hand hole/building for splicing use.
Splicing
Fiber to fiber fusion splicing of all optical fibers at each point including head ends is required.
Complete testing services, such as end to end, reel testing, and splice loss testing, ORL, power
meter/laser source testing and WDM testing is required.
Individual splice loss will be 0.25 dB for single-mode unless after 3 attempts these values cannot be
achieved, then the fibers will be re-spliced until a splice loss within 0.05 dB of the lowest previous
attempts is achieved. Splice loss acceptance testing will be based on the fusion splicer’s splice loss
estimator.
All cables to buildings shall be fusion spliced within a minimum of 50’ of entering a building at a
location to be determined by the owner with an existing single mode fiber and terminated at
customer’s rack.
Rack locations will be inside the network room at 216 West Barden Street (EMS) and inside the
buildings located at the base of each of the tower endpoints.
Testing Cable
The Provider shall be responsible for on-reel verification of cable quality prior to placement.
Completed test forms on each reel shall be submitted to the County.
Provider assumes responsibility for the cable after testing. This responsibility covers all fibers in the
cable.
The Provider shall supply all tools, test equipment, consumables, and incidentals necessary to perform
quality testing.
The cable ends shall be sealed upon completion of testing.
In addition to splice loss testing, selected Provider will perform end-to-end insertion loss testing of
single-mode fibers at 1310 nm and 1550 nm from one direction for each terminated fiber span in
accordance with TIA/EIA-526-7 (OFSTP 7). For spans greater than 300 feet, each tested span must test
to a value less than or equal to the value determined by calculating a link loss budget.
Restoration
When feasible all damage to above ground property grounds, plants, pavement shall be restored to pre-
existing condition or property owner’s satisfaction within 24 hours of damage. If 24-hour repair is not
possible, a restoration plan should be prepared any provide to the property owner and the district.
All work sites will be restored to as near their original undisturbed condition as possible, all cleanup will
be to the satisfaction of the County and any permitting agencies.
Provider shall provide a brief description of restoration plan in the response, with the expectation that a
more detailed restoration plan will be delivered prior to construction begins.
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Work site restoration will include the placement of seed, mulch, sod, water, gravel, soil, sand, and all
other materials as warranted.
Backfill material will consist of clean fill. Backfilling, tamping, and compaction will be performed to the
satisfaction of the County, the representative of any interested permitting agency, and/or the railroad
representative.
Provider will be responsible for any restoration complaints arising within one year after the County’s
final acceptance.
Excess material will be disposed of properly.
Debris from clearing operations will be properly disposed of by the Provider/subcontractors as required
by permitting agencies or the railroad. Railroad ties, trees, stumps or any foreign debris will be removed,
stacked, or disposed of by the Provider as per requirements by other interested permitting agencies,
and/or the County.
Road shoulders, roadbeds, and railroad property will be dressed up at the end of each day. No payment
for installation will be permitted until cleanup has been completed to the satisfaction of the any
permitting agencies, and/or the County.
Site clean-up will include the restoration of all concrete, asphalt, or other paving materials to the
satisfaction of the other interested permitting agencies, and/or the County.
Documentation
As Built Drawing will include:
Fiber Cable Route
Drawings, site drawings, permit drawings, and computerize design maps and electronically
stored consolidated field notes for the entire route must be included in the documentation.
The method of installation will dictate the additional types of documentation that should be
provided. For example, documentation of aerial installation should include pole attachment
inventories, pole attachment applications, pole attachment agreements between Provider and
other utilities, GPS points of reference for utility poles, and photo images of poles to which
fiber is attached. Documentation of underground installation should include conduit design,
conduit detailing, manhole detailing, preparation of all forms and documentation for
approval of conduit construction and/or installation, verification of as-built and
computerized maps. All digital maps should be in a format that is recognized by ESRI
ArcGIS products for seamless integration into the County’s existing GIS system.
Splicing locations
Optical Fiber assignments at Patch Panels
Optical fiber assignments at splice locations.
o Installed cable length
o Date of Installation
Fiber Optic details will include:
o Manufacturer
o Cable Type, Diameter
o Jacket Type: Single Mode
o Fiber core and cladding diameter
o Fiber attenuation per Kilometer
o Fiber bandwidth and dispersion
o Index of refraction
OTDR documentation will include:
o Each span shall be tested bi-directionally from endpoint to endpoint. Each
span’s traces shall be recorded and mapped. Each splice loss from each
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direction and the optical length between splices as well as any of the
information required by Span Map.
o Reel acceptance
o Individual fiber traces for complete fiber length
o Records of all traces.
o Losses of individual splices
o Anomalies
o Wavelength tests and measurement directions
o Manufacturer, model, and serial number of OTDR
o Date of last calibration
Power Meter Documentation Will include:
o Total link loss of each fiber
o Wavelengths tested and measurement directions
o Manufacturer, model, and serial number of test equipment
o Date of last calibration
REFERENCES, STANDARDS, AND CODES
Specifications in this document are not meant to supersede state law or industry standards. Providers shall note
in their response where their proposal does not follow the requested specification to comply with state law or
industry standard. The following standards are based upon the Customer-Owned Outside Plant Design Manual
(CO-OSP) produced by BICSI, the Telecommunications Distribution Methods Manual (TDMM) also produced
by BICSI, ANSI/TIA/EIA and ISO/IEC standards, and NEC codes, among others.
It is required that the Provider be thoroughly familiar with the content and intent of these references, standards,
and codes and that the Provider be capable of applying the content and intent of these references, standards, and
codes to all outside plant communications system designs executed on the behalf of the County.
Listed in the table below are references, standards, and codes applicable to outside plant communications
systems design. If questions arise as to which reference, standard, or code should apply in a given situation, the
more stringent shall prevail. As each of these documents are modified over time, the latest edition and addenda
to each of these documents is considered to be definitive.
Table 1 — References, Standards, and Codes
Standard/Reference Name/Description
BICSI CO-OSP BICSI Customer-Owned Outside Plant Design Manual
BICSI TDMM BICSI Telecommunications Distribution Methods Manual
BICSI TCIM BICSI Telecommunications Cabling Installation Manual
Customer-Owned Outside Plant Telecommunications Cabling
Standard
TIA/EIA – 568 Commercial Building Telecommunications Cabling Standard
TIA/EIA – 569 Commercial Building Standard for Telecommunication
Pathways and Spaces
TIA/EIA – 606 The Administration Standard for the Telecommunications
Infrastructure of Commercial Buildings
TIA/EIA – 607 Commercial Building Grounding and Bonding Requirements
for Telecommunications
TIA/EIA - 455 Fiber Optic Test Standards
TIA/EIA - 526 Optical Fiber Systems Test Procedures
IEEE 802.3 (series) Local Area Network Ethernet Standard, including the IEEE
802.3z Gigabit Ethernet Standard
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NEC National Electric Code, NFPA
NESC National Electrical Safety Code, IEEE
OSHA Codes Occupational Safety and Health Administration, Code of
Federal Regulations (CFR) Parts 1910 - General Industry, and
1926 - Construction Industry, et al.
FIBER TEST SPECIFICATIONS
The following field test specifications will be met before the County accepts ownership of the fiber.
During initial unidirectional OTDR testing, a general indicator of the quality of each splice will be an objective
loss of 0.10 Db or less. If, after three attempts, a party is unable to produce a loss value of less than 0.10 Db,
then 0.15 Db will become the objective. If, after two additional attempts, a value of less than 0.15 is
unachievable, then the splice will be marked as “Out-of-Spec” (“OOS”) on a field data sheet. The parties
recognize that unidirectional OTDR test data is not an acceptance/rejection criterion. Attempts to improve the
loss for existing splices that are marked OOS will not be made unless agreed by the parties.
The installed span loss (span shall be FDP to FDP) shall be a bi-directional average of 0.50 Db/km or less, as
calculated using an industry-accepted optical loss test set at 1550 nm. The installed span loss includes the
inherent attenuation of the glass, the backbone splice losses, the pigtail splice losses, the inherent loss in the
pigtails, and the connector losses.
Optical Return Loss will be recorded on the testing documentation, for information only.
Customer fiber assignments will be consecutive in count. The maximum number of fibers within a single buffer
tube (or ribbon or fiber bundle) shall be 12.
Optical Fiber Specifications - Single Mode Fiber
Operation Temperature -60 c to 85 c
Optical Properties 1300-1550 nm
Standard Attenuation < .35 Db/km @ 1310 nm
< .25 Db/km @ l550 nm
Attenuation Uniformity 0.1 Db/km
Splice Loss < .1 Db per splice bi-directional average
< .2 Db for DS fiber
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Person County
Request for Proposals (RFP)
Person County Fiber Optic Cable Construction
Release Date: October 14, 2017 Due Date: October 23, 2017 at 2PM
23
APPENDIX B
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Fiber build specifications
Person County requests that respondents propose pricing for a new build of fiber to the
designated endpoints. Two hundred and eighty-eight (288) strands of new build fiber are
requested. Person County’s specifications for a new fiber build are contained below in
Appendix A: “NEW BUILD FIBER STATEMENT OF WORK.”
Person County is seeking the most cost effective fiber construction method possible. While the
county's preference is buried in conduit fiber plant for this installation, the county will consider
aerial installation as long as the respondent secures proper pole attachment rights and clearly
delineates annual, on-going, pole attachment fees. The County would prefer a turnkey
approach with project management, engineering, design, procurement of all Outside Plant
Materials and installation overseen by one general contractor. Price will be the most highly
weighted factor in the evaluation of the bids. Forms in Appendix C and D should be used to
respond to the bid along with a narrative outlining the respondents proposed plan for buildout
of the fiber infrastructure.
The proposed fibers builds are listed below in the order in which they should be constructed.
The proposed fiber builds are as follows:
Origin Point Termination Point Approximate Distance (feet) Govt. Facilities
Bethel Hill EMS Base 1 89,309 20
Bushy Fork EMS Base 1 51,980 8
Mt Tirzah EMS Base 1 79,326 9
Woodland EMS Base 1 55,344 14
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Woodland Tower route- The proposed Woodland route could follow a path from Person
County EMS Base 1 at 216 W Barden St, west 700 ft to Winnhaven St, northwest .3 miles to
Leasburg Rd, northeast .2 miles to Concord Rd, west .3 miles to S Morgan St, northeast .8 miles
to Chub Lake St, north 2.3 miles to City Lake Rd, northwest 1.4 miles to Morton-Pulliam Rd,
follow Morton-Pulliam Rd northwest for 2.4 miles, then west on Concord-Ceffo Rd for 1.4 miles,
then northwest on Semora Rd for 1.5 miles to Woodland Elementary to a site approximately
700 feet off Semora Rd and to the south of the school.
Facility Address
Start: EMS Base 1 216 W Barden St
Facility 1: Earl Bradsher Preschool 404 S Morgan St
Facility 2: Government Services Complex 325/329/331 S Morgan St
Facility 3: County Office Building 304 S Morgan St
Facility 4: Workforce Development 303 S Morgan St
Facility 5: Parks and Recreation 303 S Morgan St/425 Long Ave
Facility 6: City of Roxboro Water Treatment Plant 1599 Chub Lake Rd
Facility 7: Stories Creek Elementary 133 Stories Creek Rd
Facility 8: Animal Services 2103 Chub Lake Rd
Facility 9: Ceffo Volunteer Fire Dept 1 1291 Concord-Ceffo Rd
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Facility 10: Woodland Elementary 7391 Semora Rd
Tower: Woodland Tower 7275 Semora Rd
Bushy Fork Tower route- The proposed Bushy Fork route could follow a path from a splice
point at the intersection of Critcher Wilkerson Rd and Wesleyan Heights Rd, southwest 1.7
miles on Wesleyan Heights Rd, southwest 6.2 miles on Burlington Rd/Hwy 49, to a site
approximately 800ft to the northwest of Burlington Rd and behind Bushy Fork Park. An
additional run would need to be added from the same splice point at the intersection of
Critcher Wilkerson Rd and Wesleyan Heights Rd, down Carrington Ln 1,850 ft to the
intersection with Main Cir. Left on Main Cir then 580 ft on Main Cir to the intersection with
Kappa Dr. Right on Kappa Dr for 670 ft. Stay straight as Kappa Dr turns into Southern Middle
School Rd. Then 1,176 ft on Kappa Dr to the intersection with NC 157/Hurdle Mills Rd, which is
across the street from South Elementary.
Facility Address
Start: EMS Base 1 216 W Barden St
Facility 1: South Elementary 1333 Hurdle Mills Rd
Facility 2: Heritage Circle 101 Person Ct
Facility 3: Southern Middle School 209 Southern Middle School Rd
Facility 4: Roxplex 215 Wesleyan Rd
Facility 5: Highway Patrol Station 3434 Burlington Rd
Facility 6: Bushy Fork Park 7901 Burlington Rd
Tower Bushy Fork TBD
Bethel Hill Tower route - The proposed Bethel Hill Route could follow a path from Person
County EMS Base 1 at 216 W Barden St, east .3 miles across S Madison Blvd to S Main St, north
.4 miles to Depot St, east continuing onto Mountain Rd .8 miles to the city of Roxboro Public
Works driveway, onto public works property and then overland .25miles to the dead end of
Owens St, north .1 miles to Mt Bethel Church St, west .2 miles to Broad St, north .2 miles to
Broad Rd, east .5miles to Henderson Rd, north .5 miles to Virgilina Rd/Hwy 49, west continuing
on to N Madison Blvd .6 miles to Carver Dr, west and then north 1.7 miles following Carver Dr
to Memorial Dr, east .6 miles to N Main St, north on N Main St and then Boston Rd 1 mile, west
1.7 miles on Cavel-Chub Lake Rd, north .3 miles on Chub Lake Rd, north 2.4 miles on Country
Club Rd, east 4.4 miles on Edwin Robertson and Shiloh Church Rd, north .4 miles on Boston Rd,
northwest .4 miles on Bethel Hill School Rd, west .3 miles on Berry Hill Rd to a location just west
of Bethel Hill Charter School. The site is located approximately 1,500 feet behind and to the
north of Bethel Hill Charter School.
Facility Address
Start: EMS Base 1 216 W Barden St
Facility 1: Person County Public Library 315 S Main St
Facility 2: Person County Tax Office/Register of Deeds 13/21 Abbit St
Facility 3: Person County Court House 120 Court St
Facility 4: Senior Center (Proposed) TBD
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Facility 5: Roxboro Community School 115 Lake Dr
Facility 6: City of Roxboro Public Works 779 Mountain Rd
Facility 7: Harris Gardens 500 Mount Bethel Church St
Facility 8: North Elementary 260 Henderson Rd
Facility 9: Person Learning Academy 361 Virgilina Rd
Facility 10: Bus Garage 244 Virgilina Rd
Facility 11: Person High School Sports Complex 320 Carver Dr
Facility 12: Person High School 1010 Ridge Rd
Facility 12: Northern Middle School 1935 Carver Dr
Facility 13: Piedmont Community College 1715 Carver Dr
Facility 14: Longhurst Park 214 Park St
Facility 15: Roxboro FD Station 3 1605 N Main St
Facility 16: Roxboro Wastewater Treatment Plant 902 Cavel-Chub Lake Rd
Facility 17: Woodsdale VFD 1 1215 Shiloh Church Rd
Facility 18: Woodsdale VFD 2 9327 Boston Rd
Facility 19: Bethel Hill Charter School 401 Bethel Hill School Rd
Tower: Bethel Hill TBD
Mt. Tirzah Tower route - The proposed Mt Tirzah route could follow a path from Person County
EMS Base 1 at 216 W Barden St, east .3 miles across S Madison Blvd to S Main St, south .4 miles
to S Madison Blvd/Durham Rd, south 7.5 miles on Durham Rd to Helena-Moriah Rd, northeast
and then east 2.6 miles to Charlie Reade Rd, north 1.1 miles to Jim Latta Rd, northeast 2.9 miles
to Mt Harmony Church Rd, south .1 miles to a location just south of Mt Tirzah Ball Park. The site
is located at the southeast corner of the park approximately 700 feet east of Mt Harmony
Church Rd.
Facility Address
Start: EMS Base 1 216 W Barden St
Facility 1: Person County Public Library 315 S Main St
Facility 2: Roxboro FD Station 2 1051 Durham Rd
Facility 3: Person County Business & Industrial Center 301 Crown Blvd
Facility 4: Person County Airport 385 Montgomery Dr
Facility 5: Helena Elementary 355 Helena-Moriah Rd
Facility 6: EMS Base 2 295 Helena-Moriah Rd
Facility 7: Helena Park TBD Helena-Moriah Rd
Facility 8: Timberlake VFD 350 Ashley Ave
Facility 9: Mt Tirzah Park 1795 Harmony Church Rd
Tower: Mt Tirzah Tower 1851 Mt Harmony Church Rd
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General Terms for fiber construction
The following are general terms that apply to the construction of fiber for Person County.
Fiber Construction
Respondents should bid the fiber construction in accordance with the fiber construction, outside
plant materials and test specifications outlined in Appendix A.
Meet-me Hole and Mid-Span Interconnection Splicing
It is possible that Person County may want to interconnect with the existing or newly
planned carrier facilities at meet-me manholes or mid- span splice locations. Respondents
should detail policies and guidelines that document meet-me manhole and mid-span
interconnection procedures along with detailed costs for these activities.
Dark Fiber Performance
Person County prefers self-provisioned fiber that contains a homogenous fiber type throughout
the entire build. It is currently anticipated that fiber utilized for the self-provisioned fiber
proposal will be G.652.D fiber.
Dark Fiber Maintenance
Operations and Maintenance Practices: Person County will require on-going maintenance and
operations of the fiber for at least the first 5 years of the life of the installed fiber. When pricing
maintenance and operations, the respondent should include an overview of fiber maintenance
practices including:
• Routine maintenance and inspection • Scheduled maintenance windows and scheduling practices for planned outages
• Fiber monitoring including information on what fiber management software is used,
what fiber monitoring system is used, and who performs the monitoring
• Handling of unscheduled outages and customer problem reports What service level
agreement is included, and what alternative service levels may be available at additional
cost
• What agreements are in place with applicable utilities and utility contractors for emergency
restoration
• Repair of fiber breaks
• Replacement of damaged fiber
• Replacement of fiber which no longer meets specifications
• Policies for customer notification regarding maintenance
• Process for changing procedures, including customer notification practices
The pricing for dark fiber maintenance should include the annual cost per linear mile for dark
fiber maintenance and operations.
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Appendix A: NEW BUILD FIBER STATEMENT OF WORK
The Work is defined as:
Project Management
Selected contractor and its subcontractors will provide all project management to
accomplish the installation of all project work as outlined in the Statement of Work.
Provide engineer(s), certified on selected fiber system specifications and procedures to
manage all phases of project as outlined in this proposal. This includes ordering and
managing the bill of materials as outlined below, directing and managing cable
placement and restoration, directing and managing splicing crews and providing
detailed documentation at the end of the project.
Selected contractor and its subcontractors will develop a project management plan,
which will include a milestone chart. The milestone chart will outline any critical path
events and then track these with the appropriate agency/organization whether;
selected contractor, a selected contractor subcontractor or Person County.
Material Management
Selected contractor and its subcontractors will provide all material management to
ensure that the project remains on track according to the project milestones.
Selected contractor and its subcontractors will develop in conjunction with selected
contractor plants and other suppliers a material management plan.
Property Restoration
All cable routes, which are plowed or bored, will be restored to as near to original
condition as possible.
Install overhead and underground fiber optic cable.
Bores will be approximately 3’ deep
Plows will be approximately 3’ deep
Aerial installs will be on existing poles where possible. Person County will apply for pole use
permits and pay annual pole attachment fees directly to the pole County, separate from this
agreement.
For buried installs, Contractor will procure and install customer approved hand-holes and
place marker/locator posts.
County will provide entry/exit holes into buildings where they exist. Respondent should
provide a quote for entry/exit holes/conduit construction where entry/exit does not exist.
Person County will provide specific details of cable placement using aerial photography and
CAD drawings.
Install and Splice Hardware at Head Ends and in the Field.
The Contractor will:
Install optical hardware and splice field cable to equipment tail at head ends and splice tail
29261
to pre-stubbed hardware with SC pigtails.
Prep closures, cables, fibers and splice fibers at all field locations
Fiber to fiber fusion splicing of optical fibers at each point including head ends.
Individual splice loss will be ≤ 0.10 dB for single-mode unless after 3 attempts these values
cannot be achieved, then the fibers will be re-spliced until a splice loss within 0.05 dB of the
lowest previous attempts is achieved. Splice loss acceptance testing will be based on the
fusion splicer’s splice loss estimator.
Total Project Splices: Respondent should supply estimate of number of splices
Final Testing
The Contractor will:
In addition to splice loss testing, selected contractor will perform end-to-end insertion loss
testing of single-mode fibers at 1310 nm and 1550 nm from one direction for each
terminated fiber span in accordance with TIA/EIA-526-7 (OFSTP 7). For spans greater than
300 feet, each tested span must test to a value less than or equal to the value determined
by calculating a link loss budget.
Inspect each terminated single-mode fiber span for continuity and anomalies with an OTDR
at 1550 nm from one direction in accordance with OTDR operating manual.
Documentation
The Contractor will:
Provide final documentation consisting of:
Route “As-Built” Maps/Diagrams
End-to-End Insertion Loss Data
OTDR Traces
Individual Splice Loss Data
Bid Specifications
All fiber will be bid separately by the County in addition to turn-key including fiber and
construction.
All splicing shall be by the fusion method.
All splicing enclosures and Hand Holes shall be of a type to be determined by the
County.
All Hand Holes shall be (State) DOT approved, 45,000 lb. load rated CDR or comparable
enclosures.
All plowed cables shall be placed at a depth of 36” along roadways and 24” on private
property.
All road and driveway bores shall be at a depth of 36” and will have a 2” inner duct
placed within.
All buried splice locations will be marked with a locator post and a copper ground wire
shall be attached to the splice closure/cable sheath.
Buried marker posts shall be placed every 1500’.
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A warning tape shall be placed 12” above the buried cable.
All highway shoulders, schoolyards, and ditch lines will be compacted and restored to
satisfactory condition.
All DOT encroachment permits, railroad encroachment permits, and National Park
Service permits shall be submitted by Person County in accordance with the permitting
agency requirements.
Person County shall be responsible for the payment of any permitting fees
Contractor shall furnish an as-built drawing to the County.
Contractor shall perform an end-to-end continuity and loss test on each spliced fiber
segment and provide the County with the db loss of each fiber segment.
Contractor shall be responsible for submitting the appropriate ULOCO locate requests.
Person and the City of Roxboro shall grant contractor right of way permission for local
government-owned properties and roadways.
All cables to buildings shall be fusion spliced within a minimum of 50’ of entering a
building at a location to be determined by the County with an existing single mode fiber
and terminated at customers rack.
A minimum of 100’ coil of cable shall be left in each Hand Hole/Building for splicing use.
Person County shall provide the contractor with secured space to store materials and
equipment if needed.
Right-of-Way Acquisition & Permitting
Contractor is responsible to ensure that all cable routes have approved access & rights-
of-way for all proposed cables installations.
Contractor will provide any information or points of contact to allow selected
contractor and its subcontractors to facilitate the route prep “Make-ready” and actual
cable installation.
Contractor is responsible for pulling all required construction permits. Selected
contractor and its subcontractors will provide officials at Person County with any
information necessary to pull these permits in a timely fashion.
Route Maps
Contractor is responsible for providing; maps, drawings or aerial photographs of the
route.
Termination and Splicing locations
Contractor will in conjunction with selected contractor designate/decide on all
termination locations, whether in-building, outside plant or in customer premises. This
will include all hand-hole or manhole locations
Contractor will in conjunction with selected contractor designate/decide on all field
splice locations, in-building splice locations (if applicable), or other splice locations
necessary to connect the network.
Cable and Hardware Approval
31263
Person County will approve all cable and hardware prior to ordering or installation.
Person County will approve all hand-hole or building entrance hardware prior to
ordering or installation.
Material Delivery, Receipt & Storage
Contractor will provide warehouse or yard space to accommodate all materials
provided by selected contractor to accomplish this project. Contractor will inspect,
receive and issue any materials to provide accountability. This will reduce the overall
cost to the Person County with no added costs being placed into the proposal to cover
the receipt and storage.
Final Inspection
Person County will provide at their discretion a person(s) to witness any final testing or
construction verification. The person designated by Person County will be required to
initial/provide acceptance of any results. This person(s) will represent Person County
during any and all acceptance testing. This does not relieve the selected contractor from
providing agreed upon documentation or absolve the selected contractor of any
warranty support.
Communications
Person County is responsible for all communications with County Residents or other
interested parties concerning the proposed construction. Notification of any person(s)
affected by this construction is the responsibility of Person County. Selected contractor
will work directly with any persons designated to handle project communications to
facilitate awareness and reduce turmoil in the Person County. Selected contractor will
provide consultation to assist in the development of a communications plan as
required.
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Appendix B – Assets
Person County owned assets
Asset Type Asset Name Address
Facility EMS Base 1 216 W Barden St
Facility Person County Public Library 315 S Main St
Facility Person County Tax Office/Register of Deeds 13/21 Abbit St
Facility Person County Court House 120 Court St
Facility Longhurst Park 214 Park St
Facility Allensville Park 724 Gentry Ridge Rd
Facility Hurdle Mills Park 10026 Hurdle Mills Rd
Facility EMS Base 1 216 W Barden St
Facility Roxplex 215 Wesleyan Rd
Facility Bushy Fork Park 7901 Burlington Rd
Facility Olive Hill Park 3856 Semora Rd
Facility EMS Base 1 216 W Barden St
Facility Person County Business & Industrial Center 301 Crown Blvd
Facility Person County Airport 385 Montgomery Dr
Facility EMS Base 2 295 Helena-Moriah Rd
Facility Helena Park TBD Helena-Moriah Rd
Facility Mt Tirzah Park 1795 Harmony Church Rd
Facility EMS Base 1 216 W Barden St
Facility Government Services Complex 325/329/331 S Morgan St
Facility County Office Building 304 S Morgan St
Facility Workforce Development 303 S Morgan St
Facility Parks and Recreation 303 S Morgan St/425 Long Ave
Facility Person County Museum 309 N. Main St
Facility Animal Services 2103 Chub Lake Rd
Tower Woodland Tower 7275 Semora Rd
Tower Bethel Hill TBD
Tower Mt Tirzah Tower 1851 Mt Harmony Church Rd
Tower Bushy Fork TBD
33265
Person County-owned fiber (primarily aerial)
34266
City of Roxboro assets
The City of Roxboro may allow access to any available facilities listed below.
County Asset Type Asset Name Address
Roxboro Facility Roxboro Police Department 109 N Lamar St
Roxboro Facility Roxboro Fire Station #2 1051 Durham Rd
Roxboro Facility Roxboro Fire Station #3 1605 N Main St
Roxboro Facility
Merritt Commons/Main Street
Pavilion
Corner of S Main St &
Gordon St
Roxboro Facility Roxboro Fire Station #1 105 Court St
Roxboro Facility Roxboro City Hall 105 S Lamar St
Roxboro Facility
Person County Emergency
Communications Corner of Franklin St & Hill St
Roxboro Facility Water Plant 1599 Chub Lake Rd
Roxboro Facility Wastewater Plant 902 Cavel Chub Lake Rd
Roxboro Facility Public Works 779 Mountain Rd
Roxboro
Sewer Pump
Station 49 Pump Station 362 Burlington Rd
Roxboro
Sewer Pump
Station Brooks Pump Station 1259 Hurdle Mills Rd
Roxboro
Sewer Pump
Station Duncan Pump Station 1324 Billy Hicks Rd
Roxboro
Sewer Pump
Station Southside Pump Station 357 Patterson Dr
Roxboro
Sewer Pump
Station Cedar Ridge Pump Station 333 Laura Ln
Roxboro
Sewer Pump
Station Doctors Court Pump Station 787 Doctor's Court
Roxboro
Sewer Pump
Station Helena Pump Station 400 Parsonage Rd
Roxboro
Sewer Pump
Station Stories Creek Pump Station 133 Stories Creek Rd
Roxboro
Sewer Pump
Station Crown Craft Pump Station Crown Craft Blvd
Roxboro
Sewer Pump
Station GKN Pump Station 501 South
35267
Right-of-Ways - The City of Roxboro may allow access to any available Right-of-Ways owned by
the City. Access to Right-of-Ways owned by the City will be contingent upon an encroachment
agreement.
Person County Schools’ assets
The Person County Schools may allow access to any available assets listed below.
County
Asset
Type Asset Name Address
PC Schools School Earl Bradsher Preschool 404 S Morgan St
PC Schools School Early Intervention 1397 Hurdle Mills Rd
PC Schools School Helena Elementary 355 Helena Moriah Rd
PC Schools School North Elementary 260 Henderson Rd
PC Schools School North End Elementary 378 Mill Creek Rd
PC Schools School Northern Middle 1935 Carver Dr
PC Schools School Oak Lane Elementary 2076 Jim Morton Rd
PC Schools School Person County Learning Academy 361 Virgilina Rd
PC Schools School Person High School 1010 Ridge Rd
PC Schools School South Elementary 1333 Hurdle Mills Rd
PC Schools School Southern Middle 209 Southern Middle School Rd
PC Schools School Stories Creek Elementary 133 Stories Creek School Rd
PC Schools School Woodland Elementary 7391 Semora Rd
PC Schools Facility Bus Garage 244 Virgilina Rd
36268
Appendix C: Bid Form
To: Chris Puryear
Person County
304 S. Morgan Street
Roxboro, NC 27573
cpuryear@personcounty.net
336-597-7810
Project: Person County Large Fiber Build
Date:
Contractor Address: Contractor Phone: (____)
Contractor Email:
License No.: Classification: Limitation:
The undersigned, as bidder, hereby declares that the only person or persons interested in this
proposal as principal or principals is or are named herein and that no other person than herein
mentioned has any interest in this proposal or in the contract to be entered into; that this
proposal is made without connection with any other person, company or parties making a bid
or proposal; and that it is in all respects fair and in good faith without collusion or fraud. The
bidder further declares that he has examined the site of the work and the contract documents
relative thereto dated, and has read all special provisions furnished prior to the opening of bids;
that he has satisfied himself relative to the work to be performed. The Bidder proposes and
agrees if this proposal is accepted to contract with the County in the form of contract specified,
to furnish all necessary materials, equipment, machinery, tools apparatus, means of
transportation and labor necessary to complete the construction of the project with a definite
understanding that no money will be allowed for extra work except as set forth in the General
Conditions and the Contract Documents, for the sum of:
BASE BID ($):
ALTERNATES:
Add Alternate No. 1: Enter alternate description
Add/Deduct: Words: Figures
Add Alternate No. 2: Enter alternate description
Add/Deduct: Words: Figures
Add Alternate No. 3: Enter Alternate Description
Add/Deduct: Words: Figures
37269
BASE BID DETAILS:
Base Bid Quantity Allowances:
Construction, Splice and Testing costs:
Installation of _________ linear footage of aerial fiber plant
$______ per foot
Total $_________
Installation of make ready for aerial fiber
Number of poles___
Cost per pole $_____
Total $____
Installation of ___ linear footage of underground fiber plant
$______ per foot
Total $_________
(Installation for underground includes both conduit placement and fiber installation)
Splicing of aerial fiber
Per splice cost $______
Total $ _______
Splicing of underground fiber
Per splice cost $_______
Total $______
Testing of fiber (aerial): Total $______
Testing of fiber (underground): Total $________
Fiber and Other Outside Plant Materials Cost:
Material cost (aerial): Fiber
_____linear footage at $_____per foot
Total $______
Material cost (aerial): Other outside plant
_____linear footage at $_____ per foot
Total $______
Material cost (aerial): Pole make ready materials
Cost of material per pole___
Total $______
38270
Material cost (underground): Fiber
_____linear footage at $_____per foot
Total $______
Material cost (underground): Other outside plant
__ linear footage at $_____ per foot
Total $___
Engineering and Design Costs:
Engineering and Design (aerial) _____ per foot; Total $_____
Engineering and Design (underground) ____ per foot; Total $_____
Program Management Costs:
Program Management (aerial) _____ per foot; Total $_____
Program Management (underground) ____ per foot; Total $_____
BID HOLDING TIME AND ACCEPTANCE:
The undersigned hereby agrees that this bid may not be revoked or withdrawn after the time
set for the opening of bids, but shall remain open during the bid holding period.
SCHEDULE OF COMPLETION:
The undersigned agrees to the timeline for construction provided by the respondent herein:
Route Commence Construction Estimated Completion Date
Bushy Fork Tower Route
(Counties preference for 1st
route)
Bethel Hill Tower Route
Mt. Tirzah Tower Route
Woodland Tower Route
The undersigned hereby agrees commence work on this project within fourteen (14) days of
Notice to Proceed. Should material availability prevent this from occurring, the undersigned
shall provide written evidence from material suppliers indicating reason for delay and
anticipated date of delivery. In such case, commencement shall be within seven (7) days of
delivery of materials. All work to be accomplished under the Base Bid and all alternates
accepted shall be completed within 30 calendar days from the date of commencement.
The undersigned understands that time is of the essence and agrees to the Contract Time and
liquidated damages as indicated in AIA Document A201, General Conditions of the Contract for
Construction and Supplementary Conditions apply to this Work. The undersigned hereby
39271
agrees to commence work on this project within thirty (30) days following receipt of an
Executed County/Contractor Agreement. Date of commencement will be established in a
Notice to Proceed issued to Contractor. All work to be accomplished under the Base Bid and all
alternates accepted shall be within 30 calendar days from the date of commencement.
ADDENDUM:
Addendum received and used in computing bid:
Addendum No. 1 Addendum No. 2
Addendum No. 3 Addendum No. 4
SUBCONTRACTORS:
If subcontractors are to be utilized, the General Contractor shall fill out all blanks on the list
below. All subcontractors shall be listed. The general contractor shall identify work by the
general, subcontractor or not applicable. Do not list suppliers. All blanks must be filled in.
Failure to do so may result in bid being declared non-responsive. If there is more than one
subcontractor per trade identified below, list all. If no subcontractors are to be utilized, indicate
by signing at the appropriate place at the bottom of this page.
Trade: Company:
Trade: Company:
Trade: Company:
Trade: Company:
Trade: Company:
Trade: Company:
We do not plan to use subcontractors
Contractor Signature (sign if applicable)
ENCLOSURES:
• Bid Bond (enclosed in a separate envelope, outside of the sealed bid)
• Experience Modification Rate (EMR) Documentation
• Minority Business Enterprise Certificate of Voluntary Compliance
• Minority, Woman, and Small Business Submittals:
o Identification to Minority Business Participation and
o Affidavit A or Affidavit B
40272
Respectfully submitted this ______ day of __________________, ______.
Company:
Printed Name:
Signature:
Title:
_________________
State
County
I, , a Notary Public for County,
______ (State), do hereby certify that personally appeared
before me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal, this day of , 20 .
(OFFICIAL SEAL)
Notary Public
My commission expires , 20 .
41273
Appendix D: INSTRUCTIONS TO BIDDERS
BIDS
Bids shall be submitted in a sealed envelope, so marked as to indicate its contents without
being opened. Bid bonds will be marked as such and placed in a separate envelope. Both the
bid and the bid bond shall be placed in another envelope together and forwarded or delivered
to Office of County Manager, Person County Office Building, Room 212, located at 304 South
Morgan Street, Roxboro NC 27573. Bids will be received until 2:00 pm October 23, 2017 at
which time the bids shall be opened and read aloud in Room 215.
Bids submitted by vendors who did not attend the mandatory pre-bid conference on Aug 15,
2017, will be rejected.
Questions may be submitted by e-mail to the Project Director, Joe Freddoso, at
jfreddoso@mightyriverllc.com.
All contractors submitting bids will be required to provide either (1) an affidavit that includes a
description of the portion of work to be executed by minority businesses, expressed as a
percentage of the total contract price, which is equal to or more than the applicable total, (2)
documentation of its good faith effort to meet this goal of 10%, including any advertisements,
solicitations, and evidence of other specific actions demonstrating recruitment and selection of
minority business for participation in the contract as required by the contract documents, or (3)
an affidavit verifying that the bidder will be self-performing all of the work as defined in N.C
Gen. Stat. 143-128.2. Failure to file the required affidavit or documentation that demonstrates
that the contractor made the required good faith effort is grounds for rejection of the bid.
Person County reserves the right to reject any and all bids, waive informalities and irregularities
in bidding and to accept bids that are considered to be in the best interest of the County.
Person County also reserves the right to require any bidder to submit information needed to
determine if said bidder is responsible within the meaning of N.C. Gen. Stat. 143-129.
The bidder shall fill in and sign the bid form correctly. Bids that show any omission, alterations
of form, additions not called for, conditional bids, or any irregularities of any kind are subject to
rejection.
Each Bidder shall be prepared, if so requested by the County, to present evidence of
experience, qualifications, and financial ability to carry out the terms of the Contract.
No bid may be withdrawn after the scheduled closing time for receipt of bids for a period of
ninety (90) days.
42274
It is the County's intention to award a contract for work under this project to the lowest
responsible bidder; however, in the interest of suitability to the County's need and/or economy,
equipment, materials and furnishings other than the cheapest in price may be selected. The
County reserves the right to reject any or all bids, to accept any bid submitted, and to waive any
formalities, and to negotiate with the low bidder or bidders on any changes he considers
necessary or desirable for his own interests.
DISQUALIFICATION: The County reserves the right to disqualify Bids, before or after opening,
upon evidence of collusion with intent to defraud or other illegal practices upon the part of the
bidder.
CONTRACTOR'S LICENSE: All contractors are hereby notified that they shall be properly
licensed under the State Laws governing their trades (GS 87, State of North Carolina).
INTERPRETATION OF DRAWINGS AND SPECIFICATIONS
Should a bidder find discrepancies or ambiguities in, or omissions from the Specifications and
Drawings bound herein, or should be in doubt as to their meaning, he shall at once notify the
Engineer who will issue an interpretation in the form of an addendum. This addendum will be
forwarded to all bidders of record.
Bidders must act promptly and allow sufficient time for a reply to reach them before the date
established for submission of bids.
Each bidder must acknowledge receipt of all addenda in the bid.
No oral interpretations will be made to any bidder as to the meaning or intent of the Contract
Documents or be effective to modify any of the provisions of the Documents.
SITE INVESTIGATION: Each bidder shall, before submitting his proposal, examine the route to
determine the extent of work involved, and the conditions under which he/she must operate in
performing this work. The submission of a proposal will be construed as evidence that such an
examination has been made, and no subsequent allowance will be made in this connection on
behalf of the Contractor for any error or negligence on the contractor’s part.
Upon arrival at the facility, each bidder shall immediately notify the office of his presence and
purpose.
PERMITS, FEES AND TAXES: Costs of all licenses, permits and fees for inspections required by
City, County and/or State authorities shall be included in the proposal. Local and State sales
taxes for which the Contractor is liable shall be included in the lump sum or the unit prices
named.
43275
BID BOND:
Each proposal shall be accompanied by a deposit equal to not less than five percent (5%) of the
gross bid price, made payable to Person County. Price shall include base bid and all add
alternates.
The deposit shall consist of cash, a cashier’s check issued by, or a certified check drawn on, a
bank or trust company authorized to do business in North Carolina or on a bank insured by the
Federal Deposit Insurance Corporation, a U.S. Money Order, or a Bid Bond as required by GS
143-129 as amended by Chapter 1104 of the North Carolina Public Laws of 1951.
The deposit will be retained by Person County as liquidated damages in the event of failure of
the successful bidder to execute the Contract within ten (10) days after award or to give
satisfactory surety as required by Contract Documents.
PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND: Furnish and pay for
bonds covering faithful performance of the Contract and payment of all obligations arising
there under. Furnish bonds in accordance with provisions of construction documents.
CONSTRUCTION TIME: The date of beginning and the time for completion of the work to be
performed are essential conditions of this Contract and are noted on the bid form.
SUBCONTRACTORS: Names of principal subcontractors must be listed and attached to the Bid.
Only one subcontractor named for each classification listed is acceptable.
44276
Appendix E: Vendor Q&A – Includes final site list
Person County Fiber Build
Vendor Questions
8/28/17
1. Building out 12 strands to each facility may mean that 144 strands will not be enough. How
many strands should be used if 144 strands are not enough?
288
2. What is meant by “the county will help with permitting?”
The county will help facilitate communication with NCDOT, the City and other public entities. All
city, county, and State regulations must be followed.
3. How many handholes should be built?
Use your professional experience to recommend the appropriate number of handholes. A
handhole should be place along the route at every Person County or City of Roxboro location.
4. The City of Roxboro has requested that all fiber in the Uptown area be aerial. Below is a map
of the Uptown area. (map to be inserted). This is a 4 to 5 block area. Poles may have to be set
in this area.
5. The City of Roxboro will be adding some additional buildings to the water and sewer complex
over the next five years. The building locations are marked on attachment 2.
6. Please specify/clarify each location that is to receive a fiber drop cable off of each of the main
runs and how many strands that location will receive. Also please specify any locations that
are not to include a drop fiber but still receive the hand hole for future drop.
The locations to be served are listed in the RFP on a segment by segment basis. Each route
should have a 288 strand count to accommodate a 12 strand drop at each location. The
designations mean the following:
Handhole-No additional work to bring fiber into the building. A 12 strand cable last mile lateral
will be spliced in at a later date.
Fiber terminated inside location- a 12 strand fiber should be spliced in at the handhole and the
cable pulled into the location with at least 200’ of slack fiber placed into the location.
45277
Site Fiber Termination
Earl Bradsher Preschool Handhole
Government Services Complex Handhole – Already has fiber
County Office Building Handhole – Already has fiber
Workforce Development Handhole
Parks and Recreation Handhole – Already has fiber
City of Roxboro Water Treatment
Plant
Handhole
Stories Creek Elementary Handhole
Animal Services Fiber terminated inside location
Ceffo Volunteer Fire Dept 1 Into building
Senior Center Into building
Woodland Elementary Handhole
South Elementary Handhole
Weatherly Heights Handhole
Southern Middle School Handhole
Roxplex Fiber terminated inside location
Highway Patrol Station Handhole
Bushy Fork Park Fiber terminated inside location
Person County Public Library Handhole – Already has fiber
Person County Court House Handhole – Already has fiber
Roxboro Community School Handhole
City of Roxboro Public Works Handhole
Harris Gardens Handhole
North Elementary Handhole
Person Learning Academy Handhole
Bus Garage Handhole
Person High School Sports Complex Handhole
Person High School Handhole
Northern Middle School Handhole
Piedmont Community College Handhole
Longhurst Park Fiber terminated inside location
Roxboro FD Station 3 Handhole
Roxboro Wastewater Treatment Plant Handhole
Woodsdale VFD 1 Into Building
Woodsdale VFD 2 Into Building
Bethel Hill Charter School Handhole
Roxboro FD Station 2 Handhole
Person County Business & Industrial
Center
Handhole
Helena Elementary Handhole
EMS Base 2 Fiber terminated inside location
Helena Park Fiber terminated inside location
Timberlake VFD Into Building
Mt. Tirzah Park Fiber terminated inside location
7. At the location that will receive drops cables, will the contractor be responsible for getting the
pathway and cable all the way from the "splice HH" into the building including core drills,
sleeves and indoor raceways?
The locations to be served for the most part have an existing aerial or buried entry way for
communications service. Vendors should assume these existing entry ways can be used.
8. At any of the locations will the cable have to travel further than 50 feet inside the building
requiring a transition point or the installation of EMT conduit?
See question 6.
46278
9. Vendor would prefer to provide a 5% insured bid bond vs. a 5% deposit. Please advise if this
would not be acceptable.
A bid bond is listed as an alternative to the deposit on page 21 of the RFP.
10. After riding that path, it became evident rock will probably be encountered, are the bids to be
all inclusive including cost assumed to be required to pass thru hard straights, or will you
allow a bid to include a defined rock clause and added cost per foot each time an impassable
object is incurred?
Person County prefers an all-in, not to exceed price.
11. If we are placing fiber on county property or to a county asset, will they require a plotted fiber
easement?
No, the county will not require a plotted fiber easement.
12. Confirm which route is the priority and should be completed first.
In order, the county would prefer the routes be completed in the following order.
- Bethel Hill
- Bushy Fork
- Mount Tirzah
- Woodland
13. Please click the link for an interactive .kmz map of the routes. A copy of the map is also
attached.
https://gis.personcounty.net/Broadband/
47279
UtiliPlex Response to Person County RFP
October 23 2017
C., UtiliPlex of NC
Response to
41140SpN
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Person County
ce Request for Proposals (RFP)
Person County Fiber Optic Cable Construction
Release Date: October 14, 2017
Due Date: October 23, 2017 at 2PM
C
48
APPENDIX C
280
Utili Plea
October 23,2017
Mr.Chris Puryear
Director Information Technology
Person County Government
304 S.Morgan Street,Roxboro,NC
RE:Executive Summary-Base Bid—"Person County Fiber Optic Cable Construction",-Scope of Work
Dear Chris,
UtiliPlex of NC,LLC is pleased to provide the following"BASE BID"Executive Summary for the"Scope of Work"for the Person
County NC Fiber Placement Project with RFP titled"Person County Fiber Optic Cable Construction".
UtiliPlex Services shall include:"Turn Key"(meaning all-inclusive)completion of an estimated 275,959 ft.(52.26 miles)route
length,fiber optic facilities placement between those fiber termination/demarcation points as stipulated in the RFP.
UtiliPlex's price for such"Turn Key"Services,including all labor and materials,shall be at the per foot unit rate of$10.76.Final
cost shall be computed based on per foot unit rate times the actual quantity of footage placement.
Services shall include the required labor,materials and all ancillary armamentarium to complete...
1) Route planning and Engineering.
2) Preparation,submission and obtaining NC DOT and other appropriately related Permitting;
3) Preparation,submission and obtaining any required private easement where no existing Right of Way can be determined
any cost paid to property owners for such private easements shall be paid directly by the County to the property owner and
are outside this scope of work).
Cor
4) Placement of in-ground conduit at 36"of depth and/or establishment of aerial path to enable placement of a fiber optic
cable.The stated per foot price is inclusive of any rock work requiring a"railhead"to complete.
5) Placement of 288-fiber strand single mode fiber optic cable,
6) Placement of an appropriate quantity of handholds,slack loops and required ancillary items to complete the project to
current telecommunication industry standards of practice.
7) "End to end"splicing of the fiber plant with terminations in Fiber Distribution Panels(FDP)at each site as required.
8) Restoration of all disturbed ground,and indoor construction areas to pre-construction condition,to include removal of all
construction debris.
9) Testing,Documentation and Certification of all fibers.
In summary of the above,the total projected cost for the project based on the preliminary estimate of 275,959 feet for all the route
segments as listed in the RFP will be 275,959'X$10. 76=$2,967, 972.89.This figure shall include all required fiber splicing,termination,
testing and certification for all 288 fibers in each of the four project quadrants/phases in compliance with the RFP Scope of Work.
Once appropriate paperwork is in place;we shall immediately begin route planning and engineering preparations.Following your
review and approval of our proposed route engineering and construction plans we will submit Right of Way permit requests to NC DOT
and/or all other appropriate governing entity holding jurisdiction on segments of the project.Construction activities will commence
once necessary required materials,permits,licenses,easements etc.are obtained.
Based on the above parameters,terrain,time of year,and weather conditions;completion of each phase(or all phases)of the project
will require approximately 3-6 months.Our construction schedule can be flexible to accommodate the County's funding commitments
and availability of funds;which we understand may span more than the current funding year.
I hope this information is helpful to you.
I look forward to working with you on the project!
My1b¢st r rds, 4.4.4
Dr.Rocco DiSanto
Chief Executive Officer
UtiliPlex of NC,LLC
UtiliPlex,of NC LLC. • 100 East Meeting Street • Morganton,NC 28655 • Phone:(828)430-7513
49281
UtiliPlex Response to Person County RFP
October 23 2017
Fiber build specifications
Person County requests that respondents propose pricing for a new build of fiber to the
designated endpoints. Two hundred and eighty-eight (288) strands of new build fiber are
requested. Person County's specifications for a new fiber build are contained below in
Appendix A: "NEW BUILD FIBER STATEMENT OF WORK."
Person County is seeking the most cost effective fiber construction method possible. While the
county's preference is buried in conduit fiber plant for this installation, the county will consider
aerial installation as long as the respondent secures proper pole attachment rights and clearly
delineates annual, on-going, pole attachment fees. The County would prefer a turnkey
approach with project management, engineering, design, procurement of all Outside Plant
Materials and installation overseen by one general contractor. Price will be the most highly
weighted factor in the evaluation of the bids. Forms in Appendix C and D should be used to
respond to the bid along with a narrative outlining the respondents proposed plan for buildout
of the fiber infrastructure.
The proposed fibers builds are listed below in the order in which they should be constructed.
The proposed fiber builds are as follows:
Origin Point Termination Point Approximate Distance(feet) Govt. Facilities
Bethel Hill EMS Base 1 89,309 20
Bushy Fork EMS Base 1 51,980 8
Mt Tirzah EMS Base 1 79,326 9
Woodland EMS Base 1 55,344 14
50282
UtiliPlex Response to Person County RFP
October 23 2017
RFP Fiber Routes
Government Facilities
othol Served Government Facility
Unserved Government Facility
Towers
Woodland EMS Base 1
County Fiber Build Outs
Potential Fiber Routes
4 iN4 Existing Fiber
F"
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Bushy
Fork Mt 11r-rah
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9s
101
ei
a
Woodland Tower route-The proposed Woodland route could follow a path from Person
County EMS Base 1 at 216 W Barden St,west 700 ft to Winnhaven St, northwest .3 miles to
Leasburg Rd, northeast .2 miles to Concord Rd, west .3 miles to S Morgan St, northeast .8 miles
to Chub Lake St, north 2. 3 miles to City Lake Rd, northwest 1.4 miles to Morton-Pulliam Rd,
follow Morton-Pulliam Rd northwest for 2.4 miles, then west on Concord-Ceffo Rd for 1.4 miles,
then northwest on Semora Rd for 1.5 miles to Woodland Elementary to a site approximately
700 feet off Semora Rd and to the south of the school.
Facility Address
Start: EMS Base 1 216 W Barden St
Facility 1: Earl Bradsher Preschool 404 S Morgan St
Facility 2: Government Services Complex 325/329/331 S Morgan St
Facility 3: County Office Building 304 S Morgan St
Facility 4: Workforce Development 303 S Morgan St
Facility 5: Parks and Recreation 303 S Morgan St/425 Long Ave
Facility 6: City of Roxboro Water Treatment Plant 1599 Chub Lake Rd
Facility 7: Stories Creek Elementary 133 Stories Creek Rd
Facility 8: Animal Services 2103 Chub Lake Rd
Facility 9: Ceffo Volunteer Fire Dept 1 1291 Concord-Ceffo Rd
51283
UtiliPlex Response to Person County RFP
October 23 2017
Facility 10: Woodland Elementary 7391 Semora Rd
Tower:Woodland Tower 7275 Semora Rd
Bushy Fork Tower route-The proposed Bushy Fork route could follow a path from a splice
point at the intersection of Critcher Wilkerson Rd and Wesleyan Heights Rd, southwest 1.7
miles on Wesleyan Heights Rd, southwest 6.2 miles on Burlington Rd/Hwy 49, to a site
approximately 800ft to the northwest of Burlington Rd and behind Bushy Fork Park. An
additional run would need to be added from the same splice point at the intersection of
Critcher Wilkerson Rd and Wesleyan Heights Rd, down Carrington Ln 1,850 ft to the
intersection with Main Cir. Left on Main Cir then 580 ft on Main Cir to the intersection with
Kappa Dr. Right on Kappa Dr for 670 ft. Stay straight as Kappa Dr turns into Southern Middle
School Rd. Then 1,176 ft on Kappa Dr to the intersection with NC 157/Hurdle Mills Rd, which is
across the street from South Elementary.
Facility Address
Start:EMS Base 1 216 W Barden St
Facility 1: South Elementary 1333 Hurdle Mills Rd
Facility 2: Heritage Circle 101 Person Ct
Facility 3: Southern Middle School 209 Southern Middle School Rd
Facility 4: Roxplex 215 Wesleyan Rd
Facility 5: Highway Patrol Station 3434 Burlington Rd
Facility 6: Bushy Fork Park 7901 Burlington Rd
Tower Bushy Fork TBD
Bethel Hill Tower route -The proposed Bethel Hill Route could follow a path from Person
County EMS Base 1 at 216 W Barden St,east .3 miles across S Madison Blvd to S Main St, north
4 miles to Depot St, east continuing onto Mountain Rd .8 miles to the city of Roxboro Public
Works driveway, onto public works property and then overland .25miles to the dead end of
Owens St, north .1 miles to Mt Bethel Church St, west .2 miles to Broad St, north .2 miles to
Broad Rd, east .Smiles to Henderson Rd, north .5 miles to Virgilina Rd/Hwy 49, west continuing
on to N Madison Blvd .6 miles to Carver Dr, west and then north 1.7 miles following Carver Dr
to Memorial Dr, east .6 miles to N Main St, north on N Main St and then Boston Rd 1 mile, west
1.7 miles on Cavel-Chub Lake Rd, north .3 miles on Chub Lake Rd, north 2.4 miles on Country
Club Rd, east 4.4 miles on Edwin Robertson and Shiloh Church Rd, north .4 miles on Boston Rd,
northwest .4 miles on Bethel Hill School Rd, west .3 miles on Berry Hill Rd to a location just west
of Bethel Hill Charter School.The site is located approximately 1,500 feet behind and to the
north of Bethel Hill Charter School.
Facility Address
Start: EMS Base 1 216 W Barden St
Facility 1: Person County Public Library 315 S Main St
Facility 2: Person County Tax Office/Register of Deeds 13/21 Abbit St
Facility 3: Person County Court House 120 Court St
Facility 4: Senior Center(Proposed) TBD
52284
UtiliPlex Response to Person County RFP
October 23 2017
w,
Facility 5: Roxboro Community School 115 Lake Dr
Facility 6: City of Roxboro Public Works 779 Mountain Rd
Facility 7: Harris Gardens 500 Mount Bethel Church St
Facility 8: North Elementary 260 Henderson Rd
Facility 9: Person Learning Academy 361 Virgilina Rd
Facility 10: Bus Garage 244 Virgilina Rd
Facility 11: Person High School Sports Complex 320 Carver Dr
Facility 12: Person High School 1010 Ridge Rd
Facility 12: Northern Middle School 1935 Carver Dr
Facility 13: Piedmont Community College 1715 Carver Dr
Facility 14: Longhurst Park 214 Park St
Facility 15: Roxboro FD Station 3 1605 N Main St
Facility 16: Roxboro Wastewater Treatment Plant 902 Cavel-Chub Lake Rd
Facility 17: Woodsdale VFD 1 1215 Shiloh Church Rd
Facility 18: Woodsdale VFD 2 9327 Boston Rd
Facility 19: Bethel Hill Charter School 401 Bethel Hill School Rd
Tower: Bethel Hill TBD
Mt.Tirzah Tower route -The proposed Mt Tirzah route could follow a path from Person County
EMS Base 1 at 216 W Barden St, east .3 miles across S Madison Blvd to S Main St, south .4 miles
to S Madison Blvd/Durham Rd, south 7.5 miles on Durham Rd to Helena-Moriah Rd, northeast
and then east 2.6 miles to Charlie Reade Rd, north 1.1 miles to Jim Latta Rd, northeast 2.9 miles
to Mt Harmony Church Rd, south .1 miles to a location just south of Mt Tirzah Ball Park. The site
is located at the southeast corner of the park approximately 700 feet east of Mt Harmony
Church Rd.
Facility Address
Start:EMS Base 1 216 W Barden St
Facility 1: Person County Public Library 315 S Main St
Facility 2: Roxboro FD Station 2 1051 Durham Rd
Facility 3: Person County Business& Industrial Center 301 Crown Blvd
Facility 4: Person County Airport 385 Montgomery Dr
Facility 5: Helena Elementary 355 Helena-Moriah Rd
Facility 6: EMS Base 2 295 Helena-Moriah Rd
Facility 7: Helena Park TBD Helena-Moriah Rd
Facility 8: Timberlake VFD 350 Ashley Ave
Facility 9: Mt Tirzah Park 1795 Harmony Church Rd
Tower: Mt Tirzah Tower 1851 Mt Harmony Church Rd
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UtiliPlex Response to Person County RFP
October 23 2017
General Terms for fiber construction
The following are general terms that apply to the construction of fiber for Person County.
Fiber Construction
Respondents should bid the fiber construction in accordance with the fiber construction, outside
plant materials and test specifications outlined in Appendix A.
Meet-me Hole and Mid-Span Interconnection Splicing (See UtiliPlex bid Appendix F]
It is possible that Person County may want to interconnect with the existing or newly
planned carrier facilities at meet-me manholes or mid- span splice locations. Respondents
should detail policies and guidelines that document meet-me manhole and mid-span
interconnection procedures along with detailed costs for these activities.
Dark Fiber Performance
Person County prefers self-provisioned fiber that contains a homogenous fiber type throughout
the entire build. It is currently anticipated that fiber utilized for the self-provisioned fiber
proposal will be G.652.D fiber.
Dark Fiber Maintenance [See UtiliPlex bid Appendix G]
Operations and Maintenance Practices: Person County will require on-going maintenance and
operations of the fiber for at least the first 5 years of the life of the installed fiber. When pricing
maintenance and operations,the respondent should include an overview of fiber maintenance
practices including:
Routine maintenance and inspection
Scheduled maintenance windows and scheduling practices for planned outages
Fiber monitoring including information on what fiber management software is used,
what fiber monitoring system is used, and who performs the monitoring
Handling of unscheduled outages and customer problem reports What service level
agreement is included, and what alternative service levels may be available at additional
cost
What agreements are in place with applicable utilities and utility contractors for emergency
restoration
Repair of fiber breaks
Replacement of damaged fiber
Replacement of fiber which no longer meets specifications
Policies for customer notification regarding maintenance
Process for changing procedures, including customer notification practices
The pricing for dark fiber maintenance should include the annual cost per linear mile for dark
fiber maintenance and operations. (See UtiliPlex bid Appendix G]
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UtiliPlex Response to Person County RFP
October 3 2017
Appendix A: NEW BUILD FIBER STATEMENT OF WORK
The Work is defined as:
Project Management
le Selected contractor and its subcontractors will provide all project management to
accomplish the installation of all project work as outlined in the Statement of Work.
Vb Provide engineer(s), certified on selected fiber system specifications and procedures to
manage all phases of project as outlined in this proposal. This includes ordering and
managing the bill of materials as outlined below, directing and managing cable
placement and restoration, directing and managing splicing crews and providing
detailed documentation at the end of the project.
Selected contractor and its subcontractors will develop a project management plan,
which will include a milestone chart. The milestone chart will outline any critical path
events and then track these with the appropriate agency/organization whether;
selected contractor, a selected contractor subcontractor or Person County.
Material Management
Selected contractor and its subcontractors will provide all material management to
ensure that the project remains on track according to the project milestones.
Selected contractor and its subcontractors will develop in conjunction with selected
contractor plants and other suppliers a material management plan.
Property Restoration
All cable routes, which are plowed or bored,will be restored to as near to original
condition as possible.
Install overhead and underground fiber optic cable.
Bores will be approximately 3' deep
Plows will be approximately 3' deep
Aerial installs will be on existing poles where possible. Person County will apply for pole use
permits and pay annual pole attachment fees directly to the pole County, separate from this
agreement.
se For buried installs, Contractor will procure and install customer approved hand-holes and
place marker/locator posts.
Ner County will provide entry/exit holes into buildings where they exist. Respondent should
provide a quote for entry/exit holes/conduit construction where entry/exit does not exist.
Person County will provide specific details of cable placement using aerial photography and
CAD drawings.
Install and Splice Hardware at Head Ends and in the Field.
The Contractor will:
Install optical hardware and splice field cable to equipment tail at head ends and splice tail
All Terms & Conditions checked on this page are understood and acknowledged.
J c/ gran '3
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UtiliPlex Response to Person County RFP
October 3 2017
Lto pre-stubbed hardware with SC pigtails.
i' Prep closures, cables, fibers and splice fibers at all field locations
Fiber to fiber fusion splicing of optical fibers at each point including head ends.
if Individual splice loss will be <_0.10 dB for single-mode unless after 3 attempts these values
cannot be achieved, then the fibers will be re-spliced until a splice loss within 0.05 dB of the
lowest previous attempts is achieved. Splice loss acceptance testing will be based on the
fusion splicer's splice loss estimator.
Total Project Splices: Respondent should supply estimate of number of splices
Final Testing
The Contractor will:
le In addition to splice loss testing, selected contractor will perform end-to-end insertion loss
testing of single-mode fibers at 1310 nm and 1550 nm from one direction for each
terminated fiber span in accordance with TIA/EIA-526-7 (OFSTP 7). For spans greater than
300 feet, each tested span must test to a value less than or equal to the value determined
by calculating a link loss budget.
Inspect each terminated single-mode fiber span for continuity and anomalies with an OTDR
at 1550 nm from one direction in accordance with OTDR operating manual.
Documentation
The Contractor will:
Provide final documentation consisting of:
se Route "As-Built" Maps/Diagrams
le End-to-End Insertion Loss Data
OTDR Traces
lor Individual Splice Loss Data
Bid Specifications
All fiber will be bid separately by the County in addition to turn-key including fiber and
construction.
All splicing shall be by the fusion method.
ce All splicing enclosures and Hand Holes shall be of a type to be determined by the
County.
All Hand Holes shall be (State) DOT approved, 45,000 lb. load rated CDR or comparable
enclosures.
re All plowed cables shall be placed at a depth of 36" along roadways and 24" on private
property.
All road and driveway bores shall be at a depth of 36" and will have a 2" inner duct
placed within.
All buried splice locations will be marked with a locator post and a copper ground wire
shall be attached to the splice closure/cable sheath.
CBuried marker posts shall be placed every 1500'.
All Terms & Conditions checked on this page are understood and acknowledged.
10/23/2017
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15, Cie A warning tape shall be placed 12" above the buried cable.
se All highway shoulders, schoolyards, and ditch lines will be compacted and restored to
satisfactory condition.
All DOT encroachment permits, railroad encroachment permits, and National Park
Service permits shall be submitted by Person County in accordance with the permitting
agency requirements.
Person County shall be responsible for the payment of any permitting fees
ve Contractor shall furnish an as-built drawing to the County.
ce Contractor shall perform an end-to-end continuity and loss test on each spliced fiber
segment and provide the County with the db loss of each fiber segment.
Contractor shall be responsible for submitting the appropriate ULOCO locate requests.
Person and the City of Roxboro shall grant contractor right of way permission for local
government-owned properties and roadways.
se All cables to buildings shall be fusion spliced within a minimum of 50' of entering a
building at a location to be determined by the County with an existing single mode fiber
and terminated at customers rack.
le A minimum of 100' coil of cable shall be left in each Hand Hole/Building for splicing use.
ce Person County shall provide the contractor with secured space to store materials and
equipment if needed.
Right-of-Way Acquisition & Permitting
Contractor is responsible to ensure that all cable routes have approved access & rights-
of-way for all proposed cables installations.
se Contractor will provide any information or points of contact to allow selected
contractor and its subcontractors to facilitate the route prep "Make-ready" and actual
cable installation.
ce Contractor is responsible for pulling all required construction permits. Selected
contractor and its subcontractors will provide officials at Person County with any
information necessary to pull these permits in a timely fashion.
Route Maps
Contractor is responsible for providing; maps, drawings or aerial photographs of the
route.
Termination and Splicing locations
se Contractor will in conjunction with selected contractor designate/decide on all
termination locations, whether in-building, outside plant or in customer premises.This
will include all hand-hole or manhole locations
Contractor will in conjunction with selected contractor designate/decide on all field
splice locations, in-building splice locations (if applicable), or other splice locations
necessary to connect the network.
Cable and Hardware Approval
All Terms & Conditions checked on this page are understood and acknowledged.
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UtiliPlex Response to Person County RFP
October 3 2017
se Person County will approve all cable and hardware prior to ordering or installation.
vie Person County will approve all hand-hole or building entrance hardware prior to
ordering or installation.
Material Delivery, Receipt &Storage
Contractor will provide warehouse or yard space to accommodate all materials
provided by selected contractor to accomplish this project. Contractor will inspect,
receive and issue any materials to provide accountability.This will reduce the overall
cost to the Person County with no added costs being placed into the proposal to cover
the receipt and storage.
Final Inspection
ce Person County will provide at their discretion a person(s)to witness any final testing or
construction verification. The person designated by Person County will be required to
initial/provide acceptance of any results.This person(s) will represent Person County
during any and all acceptance testing. This does not relieve the selected contractor from
providing agreed upon documentation or absolve the selected contractor of any
warranty support.
Communications
Person County is responsible for all communications with County Residents or other
interested parties concerning the proposed construction. Notification of any person(s)
affected by this construction is the responsibility of Person County. Selected contractor
will work directly with any persons designated to handle project communications to
facilitate awareness and reduce turmoil in the Person County. Selected contractor will
provide consultation to assist in the development of a communications plan as
required.
L
All Terms & Conditions checked on this page are understood and acknowledged.
10/23/2017
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L,
Appendix B—Assets
Person County owned assets
Asset Type Asset Name Address
Facility EMS Base 1 216 W Barden St
Facility Person County Public Library 315 S Main St
Facility Person County Tax Office/Register of Deeds 13/21 Abbit St
Facility Person County Court House 120 Court St
Facility Longhurst Park 214 Park St
Facility Allensville Park 724 Gentry Ridge Rd
Facility Hurdle Mills Park 10026 Hurdle Mills Rd
Facility EMS Base 1 216 W Barden St
Facility Roxplex 215 Wesleyan Rd
Facility Bushy Fork Park 7901 Burlington Rd
Facility Olive Hill Park 3856 Semora Rd
Facility EMS Base 1 216 W Barden St
Facility Person County Business&Industrial Center 301 Crown Blvd
Facility Person County Airport 385 Montgomery Dr
c
Facility EMS Base 2 295 Helena-Moriah Rd
Facility Helena Park TBD Helena-Moriah Rd
Facility Mt Tirzah Park 1795 Harmony Church Rd
Facility EMS Base 1 216 W Barden St
Facility Government Services Complex 325/329/331 S Morgan St
Facility County Office Building 304 S Morgan St
Facility Workforce Development 303 S Morgan St
Facility Parks and Recreation 303 S Morgan St/425 Long Ave
Facility Person County Museum 309 N. Main St
Facility Animal Services 2103 Chub Lake Rd
Tower Woodland Tower 7275 Semora Rd
Tower Bethel Hill TBD
Tower Mt Tirzah Tower 1851 Mt Harmony Church Rd
Tower Bushy Fork TBD
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October 23 2017
L Person County-owned fiber(primarily aerial)
CountyOwned Fiber
ly g
Huck : z Government Facilities6,-CamaraRecreationCama `•
r.
Intormatton
Parks and flee Offices Y, Person County
a6e,
or ts.
r„j.
Tech
Workforce Museum
Development
of History Served Government Facility
Development
Office Kirby Unserved Government FacilityServiessChouBuild' :
e
t• e Cultural
Veteran rk Roxboro ArtsComplex E: EMS Base 1
dad Bradsher FD Station w':r,,...,Earl BSoccer Field eschool
gFli
Current Fiber NetworkSoccerFlsidPerson • tY rePersonepol St
car :,-,i ,, i_'Register of -as%County Court House:Person
County Tax Roxboro
Office Community
Person County School =
Health Department
EMS Person County
Bese 1a fp__;Public Library
r
Highway 1 Roxboro
Major Arterial Stream or River
I' Collector Lake or Pond
YData Sources:
irc
Center
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GIntormation
ane Analysis
PersonS Department
Peron County
Commun ea' Miles N ;
i r i i f r I
r_ 0 0.1 02 0.3 A -°aM. ,r'
i,
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CIW
City of Roxboro assets
The City of Roxboro may allow access to any available facilities listed below.
County Asset Type Asset Name Address
Roxboro Facility Roxboro Police Department 109 N Lamar St
Roxboro Facility Roxboro Fire Station#2 1051 Durham Rd
Roxboro Facility Roxboro Fire Station #3 1605 N Main St
Merritt Commons/Main Street Corner of S Main St &
Roxboro Facility Pavilion Gordon St
Roxboro Facility Roxboro Fire Station #1 105 Court St
Roxboro Facility Roxboro City Hall 105 S Lamar St
Person County Emergency
Roxboro Facility Communications Corner of Franklin St & Hill St
Roxboro Facility Water Plant 1599 Chub Lake Rd
Roxboro Facility Wastewater Plant 902 Cavel Chub Lake Rd
Roxboro Facility Public Works 779 Mountain Rd
Sewer Pump
Roxboro Station 49 Pump Station 362 Burlington Rd
Sewer Pump
Roxboro Station Brooks Pump Station 1259 Hurdle Mills Rd
Sewer Pump
Roxboro Station Duncan Pump Station 1324 Billy Hicks Rd
Sewer Pump
Roxboro Station Southside Pump Station 357 Patterson Dr
Sewer Pump
Roxboro Station Cedar Ridge Pump Station 333 Laura Ln
Sewer Pump
Roxboro Station Doctors Court Pump Station 787 Doctor's Court
Sewer Pump
Roxboro Station Helena Pump Station 400 Parsonage Rd
Sewer Pump
Roxboro Station Stories Creek Pump Station 133 Stories Creek Rd
Sewer Pump
Roxboro Station Crown Craft Pump Station Crown Craft Blvd
Sewer Pump
Roxboro Station GKN Pump Station 501 South
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UtiliPlex Response to Person County RFP
October 23 2017
Right-of-Ways-The City of Roxboro may allow access to any available Right-of-Ways owned by
the City. Access to Right-of-Ways owned by the City will be contingent upon an encroachment
agreement.
Person County Schools'assets
The Person County Schools may allow access to any available assets listed below.
Asset
County Type Asset Name Address
PC Schools School Earl Bradsher Preschool 404 S Morgan St
PC Schools School Early Intervention 1397 Hurdle Mills Rd
PC Schools School Helena Elementary 355 Helena Moriah Rd
PC Schools School North Elementary 260 Henderson Rd
PC Schools School North End Elementary 378 Mill Creek Rd
PC Schools School Northern Middle 1935 Carver Dr
PC Schools School Oak Lane Elementary 2076 Jim Morton Rd
PC Schools School Person County Learning Academy 361 Virgilina Rd
PC Schools School Person High School 1010 Ridge Rd
PC Schools School South Elementary 1333 Hurdle Mills Rd
PC Schools School Southern Middle 209 Southern Middle School Rd
PC Schools School Stories Creek Elementary 133 Stories Creek School Rd
PC Schools School Woodland Elementary 7391 Semora Rd
PC Schools Facility Bus Garage 244 Virgilina Rd
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UtiliPlex Response to Person County RFP
October 23 2017
Appendix C: Bid Form
To: Chris Puryear
Person County
304 S. Morgan Street
Roxboro, NC 27573
cpuryear@personcounty.net
336-597-7810
Project: Person County Large Fiber Build
Date: 10/ 23/2017
Contractor Address: Contractor Phone: (828) 413 7772
100 E Meeting St. Morganton, NC 28655
Contractor Email:
drdisanto@utiliplex.net or rdisanto@gmail.com
License No.: Classification: Limitation:
78823 PU & Building Unlimited
The undersigned, as bidder, hereby declares that the only person or persons interested in this
4100 proposal as principal or principals is or are named herein and that no other person than herein
mentioned has any interest in this proposal or in the contract to be entered into; that this
proposal is made without connection with any other person, company or parties making a bid
or proposal; and that it is in all respects fair and in good faith without collusion or fraud. The
bidder further declares that he has examined the site of the work and the contract documents
relative thereto dated, and has read all special provisions furnished prior to the opening of bids;
that he has satisfied himself relative to the work to be performed. The Bidder proposes and
agrees if this proposal is accepted to contract with the County in the form of contract specified,
to furnish all necessary materials,equipment, machinery,tools apparatus, means of
transportation and labor necessary to complete the construction of the project with a definite
understanding that no money will be allowed for extra work except as set forth in the General
Conditions and the Contract Documents,for the sum of:
BASE BID ($): $2, 967, 972 .89
ALTERNATES:
Add Alternate No. 1: Enter alternate description
Add/Deduct: Words: Figures
Add Alternate No. 2: Enter alternate description
Add/Deduct: Words: Figures
Add Alternate No. 3: Enter Alternate Description
Add/Deduct: Words: Figures
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UtiliPlex Response to Person County RFP
October 23 2017
BASE BID DETAILS:
Base Bid Quantity Allowances:
Construction,Splice and Testing costs:
Installation of 25, 000* linear footage of aerial fiber plant
2 . 00 per foot
Total $ 50, 000
Aerial footage is dependent on City of Roxboro requirements
Installation of make ready for aerial fiber
Number of poles 100 (estimated)
Cost per pole $ 300 . 00 (estimated)
Total $ 30, 000
Installation of 275, 959 linear footage of underground fiber plant
7 • 25 per foot
Total$2, 000, 702 .75
Installation for underground includes both conduit placement and fiber installation)
Splicing of aerial fiber
Per splice cost $ 10 . 00
Total $*see note below
Splicing of underground fiber
Per splice cost $ 10 . 00
Total $ *see note below
Testing of fiber(aerial): Total $ 2 . 00/fiber
Testing of fiber (underground): Total $ 2 . 00/fiber
Total S & T cost projected at: 5400 X $ 12. 00 = $64, 800. 00
Fiber and Other Outside Plant Materials Cost:
Material cost (aerial): Fiber
25, 000linear footage at$1 . 95 per foot
Total$48,750.00
Material cost (aerial): Other outside plant
25, 000 linear footage at $ • 65 per foot
Total $16, 250 . 00
Material cost (aerial): Pole make ready materials
Cost of material per pole 150 . 00
Total $15, 000
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UtiliPlex Response to Person County RFP
October 23 2017
Material cost (underground): Fiber
295, fi Oar footage at$1 . 95 per foot
Total $576 , 295 .20
Material cost (underground): Other outside plant
29tnc;7 ootage at $ . 57 per foot
Total $*168, 307 . 32
includes conduit, handholds, couplings, splice closures, markers
Engineering and Design Costs:
Engineering and Design (aerial) per foot;Total $
included in linear footage price
Engineering and Design (underground)per foot;Total $
included in linear footage price
Program Management Costs:
Program Management (aerial) per foot; Total $
included in linear footage price
Program Management (underground)per foot; Total $
included in linear footage price
BID HOLDING TIME AND ACCEPTANCE:
The undersigned hereby agrees that this bid may not be revoked or withdrawn after the time
set for the opening of bids, but shall remain open during the bid holding period.
try SCHEDULE OF COMPLETION:
The undersigned agrees to the timeline for construction provided by the respondent herein:
Route Commence Construction Estimated Completion Date
Bushy Fork Tower Route within 7 days of within 120 days of
Counties preference for lst receipt of materials beginning construction
route) and approved permits
Bethel Hill Tower Route same as above same as above
Mt.Tirzah Tower Route same as above same as above
Woodland Tower Route same as above same as above
The undersigned hereby agrees commence work on this project within fourteen (14) days of
Notice to Proceed. Should material availability prevent this from occurring, the undersigned
shall provide written evidence from material suppliers indicating reason for delay and
anticipated date of delivery. In such case, commencement shall be within seven (7) days of
delivery of materials. All work to be accomplished under the Base Bid and all alternates
accepted shall be completed within 30 calendar days from the date of commencement.
or as per terms established in agreement between Person County and respondent
The undersigned understands that time is of the essence and agrees to the Contract Time and
liquidated damages as indicated in AIA Document A201, General Conditions of the Contract for
Construction and Supplementary Conditions apply to this Work. The undersigned hereby
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UtiliPlex Response to Person County RFP
October 23 2017
agrees to commence work on this project within thirty (30) days following receipt of an
Executed County/Contractor Agreement. Date of commencement will be established in a
Notice to Proceed issued to Contractor. All work to be accomplished under the Base Bid and all
alternates accepted shall be within 30 calendar days from the date of commencement.
or as per terms established in final contract agreement between Person County and respondent
ADDENDUM:
Addendum received and used in computing bid:
Addendum No. 1 Addendum No. 2
Addendum No. 3 Addendum No. 4
SUBCONTRACTORS:
If subcontractors are to be utilized,the General Contractor shall fill out all blanks on the list
below. All subcontractors shall be listed.The general contractor shall identify work by the
general, subcontractor or not applicable. Do not list suppliers. All blanks must be filled in.
Failure to do so may result in bid being declared non-responsive. If there is more than one
subcontractor per trade identified below, list all. If no subcontractors are to be utilized, indicate
by signing at the appropriate place at the bottom of this page.
Trade:Construction Company: Wolfe Communications, LLC
Trade:Construction Company: Utility Pathfinders, Inc. [Minority Owned Business]
Trade: Company:
Trade: Company:
Cr,
Trade: Company:
Trade: Company:
I We do not plan to use subcontractors
Contractor Signature (sign if applicable)
ENCLOSURES:
Bid Bond (enclosed in a separate envelope, outside of the sealed bid) Provided 10/3/2017
P" Experience Modification Rate (EMR) Documentation See Appendix H
Minority Business Enterprise Certificate of Voluntary Compliance
1 Minority, Woman, and Small Business Submittals:
o Identification to Minority Business Participation and
o Affidavit A or Affidavit B See Appendix I
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UtiliPlex Response to Person County RFP
October 23 2017
Respectfully submitted this 20th day of October 2017.
Company: UtiliPlex of NC
Printed Name: Rocco DiSanto
Signature:
f-
c 9
Title: CEO
North Carolina
State
Burke County
County
I, 51'ta..u a Notary Public for 13<< County,Lir l•C.. (State), do hereby certify that ?Zo co i San{v personally appeared
before me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal,this A day of OC.+D bc..r , 20 1 `1
t OFFICIAL SEAL)
Notary Public
eh%
pirm/6',#:Yc<•'S'.
My commission expires Dec cr3&r 9, 20 I ' 7 OEC.
9
2017
Kf CCU
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UtiliPlex Response to Person County RFP
October 23 2017
Log
Appendix D: INSTRUCTIONS TO BIDDERS
BIDS
Bids shall be submitted in a sealed envelope, so marked as to indicate its contents without
being opened. Bid bonds will be marked as such and placed in a separate envelope. Both the
bid and the bid bond shall be placed in another envelope together and forwarded or delivered
to Office of County Manager, Person County Office Building, Room 212,located at 304 South
Morgan Street, Roxboro NC 27573. Bids will be received until 2:00 pm October 23,2017 at
which time the bids shall be opened and read aloud in Room 215.
Bids submitted by vendors who did not attend the mandatory pre-bid conference on Aug 15,
2017,will be rejected.
Questions may be submitted by e-mail to the Project Director,Joe Freddoso,at
jfreddoso@mightyriverllc.com.
All contractors submitting bids will be required to provide either (1) an affidavit that includes a
description of the portion of work to be executed by minority businesses, expressed as a
percentage of the total contract price, which is equal to or more than the applicable total, (2)
documentation of its good faith effort to meet this goal of 10%, including any advertisements,
solicitations, and evidence of other specific actions demonstrating recruitment and selection of
minority business for participation in the contract as required by the contract documents, or (3)
an affidavit verifying that the bidder will be self-performing all of the work as defined in N.0
Gen. Stat. 143- 128.2. Failure to file the required affidavit or documentation that demonstrates
that the contractor made the required good faith effort is grounds for rejection of the bid.
Person County reserves the right to reject any and all bids, waive informalities and irregularities
in bidding and to accept bids that are considered to be in the best interest of the County.
Person County also reserves the right to require any bidder to submit information needed to
determine if said bidder is responsible within the meaning of N. C. Gen. Stat. 143- 129.
The bidder shall fill in and sign the bid form correctly. Bids that show any omission, alterations
of form, additions not called for, conditional bids, or any irregularities of any kind are subject to
rejection.
Each Bidder shall be prepared, if so requested by the County, to present evidence of
experience, qualifications, and financial ability to carry out the terms of the Contract.
No bid may be withdrawn after the scheduled closing time for receipt of bids for a period of
ninety (90) days.
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UtiliPlex Response to Person County RFP
October 23 2017
It is the County's intention to award a contract for work under this project to the lowest
responsible bidder; however, in the interest of suitability to the County's need and/or economy,
equipment, materials and furnishings other than the cheapest in price may be selected. The
County reserves the right to reject any or all bids,to accept any bid submitted, and to waive any
formalities, and to negotiate with the low bidder or bidders on any changes he considers
necessary or desirable for his own interests.
DISQUALIFICATION: The County reserves the right to disqualify Bids, before or after opening,
upon evidence of collusion with intent to defraud or other illegal practices upon the part of the
bidder. See Appendix J
CONTRACTOR'S LICENSE: All contractors are hereby notified that they shall be properly
licensed under the State Laws governing their trades(GS 87, State of North Carolina).
INTERPRETATION OF DRAWINGS AND SPECIFICATIONS
Should a bidder find discrepancies or ambiguities in, or omissions from the Specifications and
Drawings bound herein, or should be in doubt as to their meaning, he shall at once notify the
Engineer who will issue an interpretation in the form of an addendum. This addendum will be
forwarded to all bidders of record.
Bidders must act promptly and allow sufficient time for a reply to reach them before the date
tw
established for submission of bids.
Each bidder must acknowledge receipt of all addenda in the bid.
No oral interpretations will be made to any bidder as to the meaning or intent of the Contract
Documents or be effective to modify any of the provisions of the Documents.
SITE INVESTIGATION: Each bidder shall, before submitting his proposal, examine the route to
determine the extent of work involved, and the conditions under which he/she must operate in
performing this work. The submission of a proposal will be construed as evidence that such an
examination has been made, and no subsequent allowance will be made in this connection on
behalf of the Contractor for any error or negligence on the contractor's part.
Upon arrival at the facility, each bidder shall immediately notify the office of his presence and
purpose.
PERMITS, FEES AND TAXES: Costs of all licenses, permits and fees for inspections required by
City, County and/or State authorities shall be included in the proposal. Local and State sales
taxes for which the Contractor is liable shall be included in the lump sum or the unit prices
named.
Le
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UtiliPlex Response to Person County RFP
October 23 2017
BID BOND:
Each proposal shall be accompanied by a deposit equal to not less than five percent (5%) of the
gross bid price, made payable to Person County. Price shall include base bid and all add
alternates.
The deposit shall consist of cash, a cashier's check issued by, or a certified check drawn on, a
bank or trust company authorized to do business in North Carolina or on a bank insured by the
Federal Deposit Insurance Corporation, a U.S. Money Order, or a Bid Bond as required by GS
143-129 as amended by Chapter 1104 of the North Carolina Public Laws of 1951.
The deposit will be retained by Person County as liquidated damages in the event of failure of
the successful bidder to execute the Contract within ten (10) days after award or to give
satisfactory surety as required by Contract Documents.
PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND: Furnish and pay for
bonds covering faithful performance of the Contract and payment of all obligations arising
there under. Furnish bonds in accordance with provisions of construction documents.
err CONSTRUCTION TIME: The date of beginning and the time for completion of the work to be
performed are essential conditions of this Contract and are noted on the bid form.
SUBCONTRACTORS: Names of principal subcontractors must be listed and attached to the Bid.
Only one subcontractor named for each classification listed is acceptable.
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UtiliPlex Response to Person County RFP
October 23 2017
Appendix E: Vendor Q&A—Includes final site list
GOk tiPF
o- Aligao-fi
y ;%lit
CA Sit
FON coin
Person County Fiber Build
Vendor Questions
8/28/17
1. Building out 12 strands to each facility may mean that 144 strands will not be enough. How
many strands should be used if 144 strands are not enough?
288
2. What is meant by"the county will help with permitting?"
The county will help facilitate communication with NCDOT,the City and other public entities.All
city,county,and State regulations must be followed.
3. How many handholes should be built?
Use your professional experience to recommend the appropriate number of handholes. A
handhole should be place along the route at every Person County or City of Roxboro location.
4. The City of Roxboro has requested that all fiber in the Uptown area be aerial. Below is a map
of the Uptown area.(map to be inserted). This is a 4 to 5 block area. Poles may have to be set
in this area.
5. The City of Roxboro will be adding some additional buildings to the water and sewer complex
over the next five years. The building locations are marked on attachment 2.
6. Please specify/clarify each location that is to receive a fiber drop cable off of each of the main
runs and how many strands that location will receive.Also please specify any locations that
are not to include a drop fiber but still receive the hand hole for future drop.
The locations to be served are listed in the RFP on a segment by segment basis. Each route
should have a 288 strand count to accommodate a 12 strand drop at each location. The
designations mean the following:
Handhole-No additional work to bring fiber into the building. A 12 strand cable last mile lateral
will be spliced in at a later date.
Fiber terminated inside location-a 12 strand fiber should be spliced in at the handhole and the
cable pulled into the location with at least 200' of slack fiber placed into the location.
71303
UtiliPlex Response to Person County RFP
October 23 2017
Liv Site Fiber Termination
Earl Bradsher Preschool Handhole
Government Services Complex Handhole—Already has fiber
County Office Building Handhole—Already has fiber
Workforce Development Handhole
Parks and Recreation Handhole—Already has fiber
City of Roxboro Water Treatment Handhole
Plant
Stories Creek Elementary Handhole
Animal Services Fiber terminated inside location
Ceffo Volunteer Fire Dept 1 Into building
Senior Center Into building
Woodland Elementary Handhole
South Elementary Handhole
Weatherly Heights Handhole
Southern Middle School Handhole
Roxplex Fiber terminated inside location
Highway Patrol Station Handhole
Bushy Fork Park Fiber terminated inside location
Person County Public Library Handhole—Already has fiber
Person County Court House Handhole—Already has fiber
Roxboro Community School Handhole
City of Roxboro Public Works Handhole
Harris Gardens Handhole
North Elementary Handhole
Person Learning Academy Handhole
Bus Garage Handhole
Person High School Sports Complex Handhole
Person High School Handhole
Northern Middle School Handhole
Piedmont Community College Handhole
Longhurst Park Fiber terminated inside location
Roxboro FD Station 3 Handhole
Roxboro Wastewater Treatment Plant Handhole
Woodsdale VFD 1 Into Building
Woodsdale VFD 2 Into Building
Bethel Hill Charter School Handhole
Roxboro FD Station 2 Handhole
Person County Business&Industrial Handhole
Center
Helena Elementary Handhole
EMS Base 2 Fiber terminated inside location
Helena Park Fiber terminated inside location
Timberlake VFD Into Building
Mt. Tirzah Park Fiber terminated inside location
7. At the location that will receive drops cables,will the contractor be responsible for getting the
pathway and cable all the way from the "splice HH"into the building including core drills,
sleeves and indoor raceways?
The locations to be served for the most part have an existing aerial or buried entry way for
communications service. Vendors should assume these existing entry ways can be used.
8. At any of the locations will the cable have to travel further than 50 feet inside the building
requiring a transition point or the installation of EMT conduit?
See question 6.
72304
UtiliPlex Response to Person County RFP
October 23 2017
9. Vendor would prefer to provide a 5%insured bid bond vs.a 5%deposit. Please advise if this
would not be acceptable.
A bid bond is listed as an alternative to the deposit on page 21 of the RFP.
10. After riding that path,it became evident rock will probably be encountered,are the bids to be
all inclusive including cost assumed to be required to pass thru hard straights,or will you
allow a bid to include a defined rock clause and added cost per foot each time an impassable
object is incurred?
Person County prefers an all-in, not to exceed price.
11. If we are placing fiber on county property or to a county asset,will they require a plotted fiber
easement?
No, the county will not require a plotted fiber easement.
12. Confirm which route is the priority and should be completed first.
In order, the county would prefer the routes be completed in the following order.
Bethel Hill
Bushy Fork
Mount Tirzah
Woodland
13. Please click the link for an interactive .kmz map of the routes. A copy of the map is also
attached.
https://gis.personcounty.net/Broadband/
kw
L
73305
UtiliPlex Response to Person County RFP
October 23, 2017
Appendix F:
Meet-me Hole and Mid-Span Interconnection Splicing
It is possible that Person County may want to interconnect with the existing or newly planned
carrier facilities at meet-me manholes or mid-span splice locations. Respondents should detail
policies and guidelines that document meet-me manhole and mid-span interconnection procedures
along with detailed costs for these activities."
UtiliPlex response...
Telecommunication industry routine practice would be to place a Person County handhold
immediately adjacent to the carrier's distribution facilities(handhole) with a "bridge path and cable
placed between the adjacent Person County—Carrier handholes.
The carrier would control and splice the "bridge tail" placed in their handhold and Person County
would control the bridge tail in its handhold.
Depending on field circumstances,the Person County bridge handhold may be able to be placed
directly over lay the existing Person County fiber path; in which case the fiber path may be turned
into the newly place handhold; alternative a lateral build may be required between Person County
fiber facilities and the carrier's most efficient technically feasible point of attachment/insertion.
UtiliPlex's price to complete such interconnect shall be at its nominal $ unit rate X the number of
units.
As example of the above; consider the two alternative circumstance(s) where the County desires to
meet and exchange traffic with a local Carrier and
1) closest technically feasible point of attachment between Person County and Carrier is 300
feet apart.
Material requirements would include
1 splice closures
1 handhold
500'fiber optic cable
300'conduit
Total material cost would be approx. $1400.00
Labor requirements would include:
300'conduit placement
handhold placement
Placement of 500'fiber optic cable
Splice closure build out&splicing
Total labor cost $3,000.00
Total project cost for such circumstance would be approximately$4,400.00
74306
UtiliPlex Response to Person County RFP
October 23, 2017
2) Alternatively,consider the circumstance where Person County's facilities and Carriers facilities are in close
169 proximity;in which case a met-me handhold need only be place over existing Person County facilities with
a short bridge cable placed between Person County's—Carrier's facilities.
In such circumstance interconnect can likely be accomplished for a nominal cost of$1,000-$1,500.00.
L,
75307
UtiliPlex Response to Person County RFP
October 23, 2017
L
Appendix G:
Dark Fiber Maintenance
Operations and Maintenance Practices: Person County will require on-going maintenance and
operations of the fiber for at least the first 5 years of the life of the installed fiber. When pricing
maintenance and operations,the respondent should include an overview of fiber maintenance
practices including:"
Routine maintenance and inspection
Route shall be driven quarterly to inspect for any issues requiring maintenance.
Scheduled maintenance windows and scheduling practices for planned outages
Potentially service affecting maintenance shall be scheduled during periods of lowest
anticipated usage(typically 12:OOAM-6:OOAM)with 10 working days' notice for non-emergency
maintenance.
Fiber monitoring including information on what fiber management software is used, what fiber
monitoring system is used, and who performs the monitoring
As UtiliPlex is proposing construction of what is to be a "self-provisioned dark fiber"
solution; UtiliPlex would welcome discussion of the opportunity to provide System wide fiber
monitoring as an additional service.
Handling of unscheduled outages and customer problem reports What service level agreement is
included, and what alternative service levels may be available at additional cost
As respondent is proposing construction of what is to be a "self-provisioned dark fiber"
solution; respondent will not have visibility to Person County's"unscheduled outages and
customer problems". Notwithstanding,respondent would welcome the opportunity to discuss
how it can provide these additional services.
What agreements are in place with applicable utilities and utility contractors for emergency
restoration.
UtiliPlex construction crews and subcontractors are deployed statewide in North Carolina.
If an emergency callout is required; UtiliPlex crews can begin to respond and mobilize within 30
minutes of notification.
76308
UtiliPlex Response to Person County RFP
October 23, 2017
Appendix G:fcont.J
Repair of fiber breaks
UtiliPlex construction crews and subcontractors are deployed statewide in North Carolina.
If an emergency callout is required; UtiliPlex crews can begin to respond and mobilize within 30
minutes of notification.Cost for such repair shall be at UtiliPlex then current$ unit rate X the
number of units required to effect repair.
Replacement of damaged fiber
UtiliPlex construction crews and subcontractors are deployed statewide in North Carolina.
If an emergency callout is required; UtiliPlex crews can begin to respond and mobilize within 30
minutes of notification.Cost for such repair shall be at UtiliPlex then current$ unit rate X the
number of units required to effect repair.
Replacement of fiber which no longer meets specifications
While instances of fiber not meeting specification is exceedingly rare with currently
produced fiber;should such be found to be the case UtiliPlex would work with the fiber
manufacture to effect an appropriate remedy.
Policies for customer notification regarding maintenance
UtiliPlex will notify its designated point of contact for Person County to arrange
maintenance scheduling.
Process for changing procedures, including customer notification practices
Person County and UtiliPlex should notify each other's designated point of contact for
procedure changes as appropriate or required.
The pricing for dark fiber maintenance should include the annual cost per linear mile for
dark fiber maintenance and operations.
UtiliPlex unit cost per path mile for routine fiber maintenance&operations(including
locates) is$250.00/route-mile.
Based on the projected 52.26 route miles requested;this equates to$13,065.00 annually
or$1088.75 if paid as a monthly recurring charge.
In addition to the annual fiber maintenance and operations cost, Person County's cost for
repair of damages to its fiber plant shall be invoiced at UtiliPlex then current$ Unit Rate X the
number of Units required to effect repairs.
77309
Tools UtiliPlex Response to Person County RFP
Appendix B October 23 2017 Page 1 of 1
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Experience Modification Rating History
Listed below are the experience modification factors for the last 5 years.If there are no mods listed for 1 or more years,factors do not exist for
that year.
Employer Name:UTILIPLEX LLC
Address: 100 E MEETING ST,MORGANTON,NC 28655
Coverage Id:25543160
Combo Id:6099302
Secondary
Names:
Effective Expiration Exp Revision
i Date Date Mod ARAP I Number Status
03/03/2017 03/18/2018 0. 90 1 Final
1 IOW MOMS.
Exp Mod shown as"DNQ"means that the Risk does not meet the minimum premium eligibility requirements(Does Not Qualify)for
experience rating.No worksheets are available for Exp Mod of DNQ.
2008-2017 North Carolina Rate Bureau
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78310
Appendix I UtiliPlex Response to Person County RFP
October 23 2017
UtiliPlex(
IW October 23,2017
Mr.Chris Puryear
Director Information Technology
Person County Government
304 S. Morgan Street,Roxboro,NC
RE: Affidavit of description of work to be completed by minority Owned Businesses-Utility Pathfinders,Inc.
Dear Chris,
UtiliPlex of NC, LLC is pleased to provide this Affidavit of description of work to be completed by minority
businesses for the Person County NC Fiber Placement Project with RFP titled"Person County Fiber Optic Cable
Construction".
Please be advised UtiliPlex plans to employ the services of Utility Pathfinders,Inc a wholly Minority Owned
North Carolina domestic corporation with principle offices in High Point NC to complete ten percent(10%)or more
placement of the project path by means of horizontal directional boring.
Utility Pathfinder's owner Mr.Doug Willis has been in the business of providing horizontal directional boring for
greater than 10 years and has provided services to UtiliPlex's sister organization BroadPlex for the most recent two
years.
I hope this information is helpful in your decision making process.
1111/
Should additional information be required please contact me at your convenience at(828)413 7772 or
alternatively at my email address drdisanto@utiliplex.net.
Thank you for your kind consideration of our services!
My best regards,
4/
Dr. Rocco DiSanto
Chief Executive Officer
UtiliPlex of NC,LLC
UtiliPlex,of NC LLC. • 100 East Meeting Street • Morganton,NC 28655 • Phone:(828)430-7513
79311
Appendix J UtiliPlex Response to Person County RFP
October 23 2017
Non-Collusion Affidavit, Debarment Certification and Gift Ban Certification
L
The contractor, being duly sworn, solemnly swears(or affirms) that neither hc, nor any official,agent or
employee has entered into any agreement, participated in any collusion, or otherwise taken any action which is
in restraint of free competitive bidding in connection with any bid or contract, that the contractor has not been
convicted of violating N.C.G.S. 133-24 within the last three years,and that the contractor intends to do the
Work with its own bonafide employees or subcontractors and will not bid for the benefit of another contractor.
By submitting this non-collusion affidavit, the Contractor is certifying his status under penalty of perjury under
the laws of the United States in accordance with the Debarment Certification attached, provided that the
Debarment Certification also includes any required statements concerning exceptions that are applicable.
N.C.G.S. 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift
from anyone with a contract with the State, or from any person seeking to do business with the state(including
local education agency's). By execution of any response in this procurement, you attest, for your entire
organization and its employees or agents, that you are not aware that any such gift has been offered, accepted,
or promised by any employees of your organization.
Signature of Contractor
Name of Contractor Dr. Rocco F. DiSanto, DDS,CEO
lnd, ,d,rdName)
Trading and doing business as UtiliPlex, LLC
Pull Name of 1 uml
100 E. Meeting St Morganton, NC 28655
Add,e 5.(it Stale..k/qnlcocl
0
Sig urc of Witness Signature of Contractor3g
0A1 .5 lir e Z, 'rii PIA 4 S Dr. Rocco F. DiSanto, DDS
Print or type Signer's Name Print or type Signer's Name
AFFIDAVIT MUST BE NOTARIZED
Subscribed and sworn to beti)re me this the NOTARY SEAL
244' day of Junc 2017.
0 .0 N Cisio ./''
Signature of Notary Public
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9
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of Bu..r i .e. County 9 r.-
2017
State of Ncr 3-),. (sk.r o ?t ht- P G9kFCOUt+-0'+ .
My Commission Expires: peed^-hcr' 9, 2 (1'1 OTq RY P4v •
80312
AGENDA ABSTRACT
Meeting Date: November 20, 2017
Agenda Title: Potential Opioid Litigation
Summary of Information:
Opioid abuse is an acknowledged nationwide problem. President Trump recently declared a
nationwide crisis. NC Attorney General, Josh Stein and 40 other states Attorneys General are
exploring the possibility of a joint action law suit(s) against manufacturers and distributors of the
drugs.
At its fall meeting, the Board of Directors of the North Carolina Association of County
Commissioners discussed the issue and directed its staff to aid Counties in deciding how to
address the situation. Among actions taken was the holding of a statewide meeting of County
Attorneys, Managers and Health and Social Services Directors. This meeting is to be followed up
by a panel of County Attorneys scheduled to meet on November 15. The Person County
Attorney is a member of that group. The NCACC Board urged Counties to consider taking legal
action separate from any state legal steps in order to insure that any monetary relief flow directly
to Counties and not through the State.
According to an examination by the State Department of Human Services, Person County is one
of the most severely impacted counties by the Opioid problem. The question for the Board of
Commissioners is whether Person County should bring legal action against drug manufacturers
and distributors who have contributed to the problem. Several Law Firms with national breadth
have offered to aid NC Counties in bringing law suits against the drug manufacturers and
distributors. Many of those firms have already been successful in such legal actions in other
states. Measures of damages would include increased cost of incarceration, foster care, Medicaid
and health services to the affected persons.
Recommended Action:
The County attorney will give further information at the Board meeting and recommend optional
courses of action.
Submitted By: C. Ronald Aycock, County Attorney
313