01-20-2026 Agenda Packet BOCPERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
MEETING AGENDA
304 South Morgan Street, Room 215
Roxboro, NC 27573-5245
336-597-1720
Fax 336-599-1609
January 20, 2026
9:00 a.m.
This meeting will convene in Room 215 of the County Office Building.
1.CALL TO ORDER...................................................................................................Chairman Puryear
2.INVOCATION
3.PLEDGE OF ALLEGIANCE
4.DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
5.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.
6.DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
A.January 5, 2026, Minutes (pgs.3-37)
B.Budget Amendment #12 (pg.38)
C.Personnel Policy Amendment (pgs.39-136)
D.Written Decision Approving Special Use Permit Application (SUP-04-25) (pgs.137-140)
E.Human Services Advisory Committee Term Lengths (pg.141)
7.NEW BUSINESS
A.Economic Development Organizational Structure (pgs.142-157)........................Katherine Cathey
8.CHAIRMAN’S REPORT
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9.MANAGER’S REPORT
10.COMMISSIONERS’ REPORTS/COMMENTS
11.CLOSED SESSION
A.Closed Session #1 per 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 (i) the price and other material terms of a contract
or proposed contract for the acquisition of real property by purchase, option, exchange, or
lease; or (ii) the amount of compensation and other material terms of an employment
contract or proposed employment contract with the following individuals permitted to
attend: County Manager Katherine Cathey, Clerk to the Board Michele Solomon, County
Attorney T.C. Morphis, Jr., and Economic Development Director Brandy Lynch.
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 January 5, 2026
MEMBERS PRESENT OTHERS PRESENT
Kyle Puryear Katherine M. Cathey, County Manager
Sherry Wilborn Michele Solomon, Clerk to the Board
Jason Thomas T.C. Morphis, Jr., County Attorney
Antoinetta Royster
Donald Long
The Board of Commissioners for the County of Person, North Carolina, met in
Regular session on Monday, January 5, 2026 at 6:00 p.m. in the Commissioners’
Boardroom 215 in the Person County Office Building located at 304 S. Morgan Street,
Roxboro, NC.
Chairman Puryear called the meeting to order and recognized a quorum was present.
Commissioner Thomas offered an invocation, and Vice-Chair Wilborn led the group in the
Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Thomas and carried 5-0 to approve the
agenda with the addition of the Human Services Advisory Committee Bylaws Amendment
as Item 10C, as a result, the original Item 10C becomes Item 10D, and the addition of
Closed Session #1 pursuant to NC General Statute 143-318.11(a)(3) for the purpose of
consulting with the County Attorney to preserve attorney-client privilege in matters
related to Hot Rock Haulers v. Person County, followed by Closed Session #2 pursuant to
NC General Statute 143-318.11(a)(6) to discuss personnel.
RESOLUTION HONORING FORMER MAYOR MERILYN NEWELL
Chairman Puryear read and presented a Resolution honoring Former Mayor
Merilyn Newell, the longest-serving Mayor of the City of Roxboro. The Resolution
commended Mayor Newell for her fourteen years of dedicated service, during which she
demonstrated exceptional leadership and a steadfast commitment to the community. Under
her guidance, Roxboro experienced significant progress in economic development,
infrastructure improvements, and community engagement initiatives. Mayor Newell
championed partnerships that strengthened local businesses, supported educational
opportunities, and enhanced the quality of life for residents. Her vision and tireless efforts
have left an enduring legacy that will continue to benefit Person County and the City of
Roxboro for years to come.
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A motion was made by Commissioner Thomas and carried 5-0 to approve a
Resolution honoring Former Mayor Merilyn Newell.
Chairman Puryear and the Commissioners extended their appreciation and best
wishes to Newell, who expressed gratitude for the recognition, collaboration, and shared
achievements.
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PRESENTATION TO THE MUSEUM OF HISTORY
Vice-Chair Wilborn presented the original groundbreaking shovel from GKN
Automotive to Carrie Currie, Curator, Person County Museum of History, for inclusion in
an upcoming existing industry exhibit. The shovel commemorates site groundbreaking
(1993) and expansion (July 24, 2012).
Currie thanked the Board and announced the following:
The Museum will host a Smithsonian exhibit: “Spark! Places of
Innovation”, January 21–February 21, 2026.
A companion exhibit highlighting local innovation in Roxboro and
Person County.
Business After Hours: February 5, 2026.
Currie advised the Board that notice will be provided when the shovel is
installed.
QUASI-JUDICIAL HEARING:
SUP-04-25 A REQUEST FROM PIEDMONT ELECTRIC MEMBERSHIP
CORPORATION TO APPROVE A SPECIAL USE PERMIT TO ALLOW THE
EXPANSION OF AN EXISTING SUBSTATION ON 8.25 ACRES AT 1037 BOWEN
ROAD TAX MAP AND PARCEL A87 69
County Attorney T.C. Morphis, Jr. explained quasi-judicial procedures: burden of
proof on applicant; competent, material, and substantial evidence required; sworn
testimony; and conflict-of-interest check, to which none were declared.
A motion was made Vice-Chair Wilborn and carried 5-0 to open the duly
advertised public hearing for SUP-04-25 – A Request from Piedmont Electric
Membership Corporation.to approve a Special Use Permit to allow the expansion of an
existing substation on 8.25 acres at 1037 Bowen Road, Tax Map and Parcel A87 69.
Clerk to the Board Michele Solomon administered the Oath of Sworn Testimony
to the following individuals who offered testimony during the quasi-judicial hearing:
Nish Trivedi, Jay Jennings, and Alex Tilley.
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Soung Delores Hong with P.E. Booth and Associates, and Jordan Overbee with
Piedmont Electric Membership Corporation were administered the Oath of Sworn
Testimony, as they may be called upon to answer questions from the Board.
Planner Jay Jennings shared the following presentation for SUP-04-25 – A Request
from Piedmont Electric Membership Corporation.to approve a Special Use Permit to
allow the expansion of an existing substation on 8.25 acres at 1037 Bowen Road, Tax Map
and Parcel A87 69.
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Mr. Jennings presented Exhibit A: Aerial Photo
Mr. Jennings presented Exhibit B: Future Land Use Map
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Mr. Jennings presented Exhibit C: Zoning Map showing that the property is in a
Residential Zoning District; therefore, requiring a Special Use Permit Application.
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Mr. Jennings presented Exhibit D the Site Plan required for the Special Use Permit
application. He stated that the proposed expansion would cover approximately 150 feet by
150 feet east of the existing yard, with 20-foot natural buffers maintained along the north
and south property lines. Access will use the existing drive with an added spur under the
powerline right-of-way. The project will meet Falls Lake Watershed stormwater
requirements through Stormwater Control Measures, pervious pavement, and a stormwater
easement to the County for inspection and maintenance.
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Special Use Permit Application received from applicant for Special Use Permit
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There were no questions from the Board for Mr. Jennings nor the applicant, and
property owner.
There were no individuals that appeared before the Board to speak in favor of
during the quasi-judicial hearing for SUP-04-25 – A Request from Piedmont Electric
Membership Corporation.to approve a Special Use Permit to allow the expansion of an
existing substation on 8.25 acres at 1037 Bowen Road, Tax Map and Parcel A87 69.
The following individual appeared before the Board to speak in opposition of
during the quasi-judicial hearing for SUP-04-25 – A Request from Piedmont Electric
Membership Corporation.to approve a Special Use Permit to allow the expansion of an
existing substation on 8.25 acres at 1037 Bowen Road, Tax Map and Parcel A87 69.
Alex Tilley of 701 Bowen Road, Rougemont testified that that he is in opposition
to the expansion of the substation. He stated that his property is 200 yards from the current
substation, He expressed concerns about the broader impacts of transmission lines and
questioned alignment with rural residential land-use goals, urging holistic review of
impacts.
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Jordan Overbee, President and General Manager of Piedmont Electric Membership
Corporation, testified that the transmission line is not part of this permit request in
response to Mr. Tilley’s comments.
A motion was made by Vice-Chair Wilborn and carried 5-0 to close the
quasi-judicial hearing for SUP-04-25 – A Request from Piedmont Electric Membership
Corporation.to approve a Special Use Permit to allow the expansion of an existing
substation on 8.25 acres at 1037 Bowen Road, Tax Map and Parcel A87 69.
CONSIDERATION TO GRANT OR DENY SUP-04-25 A REQUEST FROM
PIEDMONT ELECTRIC MEMBERSHIP CORPORATION TO APPROVE A
SPECIAL USE PERMIT TO ALLOW THE EXPANSION OF AN EXISTING
SUBSTATION ON 8.25 ACRES AT 1037 BOWEN ROAD TAX MAP AND PARCEL
A87 69
A motion was made by Vice-Chair Wilborn and carried 5-0 to approve SUP-04-25
Piedmont Electric Membership Corporation Substation expansion with staff conditions,
finding the request consistent with the Person County–City of Roxboro Joint
Comprehensive Land Use Plan, specifically Guiding Principle 2, facilitating sustainable
economic growth and 2.7, provide utility infrastructure to support economic growth, and
that it meets the four findings of fact.
PUBLIC HEARING:
PETETITION PB-11-25-PLANNING BOARD RULES AND PROCEDURES
AMENDMENT TO STREAMLINEAGENDA PREPARATION, REMOVE
DUPLICATION OF PLANNING ORDINANCE CONTENT, AND CLARIFY
OPERATIONAL PROCEDURES SUCH AS VOTING, MEETING CONDUCT, AND
AGENDA MANAGEMENT
A motion was made Commissioner Royster and carried 5-0 to open the duly
advertised public hearing for Petition PB-11-25 – Planning Board Rules and Procedures
Amendment to streamline agenda preparation, remove duplication of Planning Ordinance
content, and clarify operational procedures such as voting, meeting conduct, and agenda
management.
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Planning Director Nish Trivedi presented the following:
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There were no individuals that appeared before the Board to speak in favor of or in
opposition to Petition PB-11-25 – Planning Board Rules and Procedures Amendment to
streamline agenda preparation, remove duplication of Planning Ordinance content, and
clarify operational procedures such as voting, meeting conduct, and agenda management.
A motion was made by Commissioner Royster and carried 5-0 to close the public
hearing for Petition PB-11-25 – Planning Board Rules and Procedures Amendment to
streamline agenda preparation, remove duplication of Planning Ordinance content, and
clarify operational procedures such as voting, meeting conduct, and agenda management.
CONSIDERATION TO GRANT OR DENY PETETITION PB-11-25-PLANNING
BOARD RULES AND PROCEDURES AMENDMENT TO STREAMLINE
AGENDA PREPARATION, REMOVE DUPLICATION OF PLANNING
ORDINANCE CONTENT, AND CLARIFY OPERATIONAL PROCEDURES SUCH
AS VOTING, MEETING CONDUCT, AND AGENDA MANAGEMENT
Vice-Chair Wilborn expressed concerns for uniform public experience across
boards, reliance on Open Meetings Law where applicable, not imposing a strict meeting
end-time that could delay applications, and ensuring Commission review after Planning
Board consideration regardless of Planning Board vote outcome.
Commissioner Long opposed language requiring site plans by a professional
surveyor/engineer/architect, noting prior Board direction to use “may” instead of “shall”
for professional preparation to avoid unnecessary expense.
A motion was made by Commissioner Long and carried 5-0 to deny Petition
PB-11-25 Planning Board Rules and Procedures Amendment to streamline agenda
preparation, remove duplication of Planning Ordinance content, and clarify operational
procedures such as voting, meeting conduct, and agenda management.
PUBLIC HEARING:
PETITION TA-15-25 VARIANCE REGULATIONS UPDATE TO SIMPLIFY THE
VARIANCE PROCESS, ELIMINATE REDUNDANT LANGUAGE, AND CLARIFY
THE STANDARDS OF REVIEW, IN ACCORDANCE WITH NCGS 160D-705
A motion was made Vice-Chair Wilborn and carried 5-0 to open the duly
advertised public hearing for Petition TA-15-25 – Variance Regulations Update to
simplify the variance process, eliminate redundant language, and clarify the standards of
review, in accordance with NCGS 160D-705.
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Planning Director Nish Trivedi presented the following:
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County Attorney T.C. Morphis, Jr. affirmed necessity to align standards with state
statute. The Board discussed permit expiration timelines and Trivedi clarified related
items would be addressed in a subsequent text amendment.
There were no individuals that appeared before the Board to speak in favor of or in
opposition to Petition TA-15-25 – Variance Regulations Update to simplify the
variance process, eliminate redundant language, and clarify the standards of review, in
accordance with NCGS 160D-705.
A motion was made by Commissioner Royster and carried 5-0 to close the public
hearing for Petition TA-15-25 – Variance Regulations Update to simplify the variance
process, eliminate redundant language, and clarify the standards of review, in accordance
with NCGS 160D-705.
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CONSIDERATION TO GRANT OR DENY PETITION TA-15-25 VARIANCE
REGULATIONS UPDATE TO SIMPLIFY THE VARIANCE PROCESS,
ELIMINATE REDUNDANT LANGUAGE, AND CLARIFY THE STANDARDS OF
REVIEW, IN ACCORDANCE WITH NCGS 160D-705
A motion was made by Vice-Chair Wilborn and carried 5-0 to approve TA-15-
25 to simplify Section 157 Variance Standards and find the document reasonable in the
public’s interest and consistent with the Person County and City of Roxboro Joint
Comprehensive Land Use Plan because it clarifies the regulation language.
PUBLIC HEARING:
PETITION TA-16-25 REMOVAL OF REAPPLICATION WAITING PERIOD TO
REMOVE UNNECESSARY ADMINISTRATIVE BARRIERS, ALLOWING
APPLICANTS TO REAPPLY WITHOUT DELAY WHEN APPROPRIATE,
PROMOTING FLEXIBILITY AND EQUITABLE REVIEW
A motion was made Vice-Chair Wilborn and carried 5-0 to open the duly
advertised public hearing for Petition TA-16-25 – Removal of Reapplication Waiting
Period to remove unnecessary administrative barriers, allowing applicants to reapply
without delay when appropriate, promoting flexibility and equitable review.
Planning Director Nish Trivedi presented the following:
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There were no individuals that appeared before the Board to speak in favor of or in
opposition to Petition TA-16-25 – Removal of Reapplication Waiting Period to remove
unnecessary administrative barriers, allowing applicants to reapply without delay when
appropriate, promoting flexibility and equitable review.
A motion was made by Commissioner Thomas and carried 5-0 to close the public
hearing for Petition TA-16-25 – Removal of Reapplication Waiting Period to remove
unnecessary administrative barriers, allowing applicants to reapply without delay when
appropriate, promoting flexibility and equitable review.
CONSIDERATION TO GRANT OR DENY PETITION TA-16-25 REMOVAL OF
REAPPLICATION WAITING PERIOD TO REMOVE UNNECESSARY
ADMINISTRATIVE BARRIERS, ALLOWING APPLICANTS TO REAPPLY
WITHOUT DELAY WHEN APPROPRIATE, PROMOTING FLEXIBILITY AND
EQUITABLE REVIEW
A motion was made by Commissioner Royster and carried 5-0 to approve TA-
16-25 to simplify Section 150-2 to remove waiting period for reapplications and find the
document reasonable in the public’s interest and consistent with the Person County and
City of Roxboro Joint Comprehensive Land Use Plan because it clarifies the regulation
language and aligns with NC General Statute 160D.
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PUBLIC HEARING:
PETITION TA-18-25 ORDINANCE CONSOLIDATION AND REORGANIZATION
TO AMENDMENT TO CONSOLIDATE APPENDIX A (INTERPRETATIONS OF
TERMS AND DEFINITIONS), APPENDIX B (DEFINITIONS), APPENDIX C
(PERMITTED USE TABLE), AND THE SUBDIVISION REGULATIONS INTO
THE MAIN BODY OF THE PLANNING ORDINANCE
A motion was made Commissioner Royster and carried 5-0 to open the duly
advertised public hearing for Petition TA-18-25 – Ordinance Consolidation and
Reorganization to amendment, consolidates Appendix A (Interpretations of Terms and
Definitions), Appendix B (Definitions), Appendix C Permitted Use Table), and the
Subdivision Regulations into the main body of the Planning Ordinance.
Planning Director Nish Trivedi presented the following:
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There were no individuals that appeared before the Board to speak in favor of or in
opposition to Petition TA-18-25 – Ordinance Consolidation and Reorganization to
amendment, consolidates Appendix A (Interpretations of Terms and Definitions),
Appendix B (Definitions), Appendix C Permitted Use Table), and the Subdivision
Regulations into the main body of the Planning Ordinance.
A motion was made by Vice-Chair Wilborn and carried 5-0 to close the public
hearing for Petition TA-18-25 – Ordinance Consolidation and Reorganization to
amendment, consolidates Appendix A (Interpretations of Terms and Definitions),
Appendix B (Definitions), Appendix C Permitted Use Table), and the Subdivision
Regulations into the main body of the Planning Ordinance.
CONSIDERATION TO GRANT OR DENY PETITION TA-18-25 ORDINANCE
CONSOLIDATION AND REORGANIZATION TO AMENDMENT TO
CONSOLIDATE APPENDIX A (INTERPRETATIONS OF TERMS AND
DEFINITIONS), APPENDIX B (DEFINITIONS), APPENDIX C (PERMITTED USE
TABLE), AND THE SUBDIVISION REGULATIONS INTO THE MAIN BODY OF
THE PLANNING ORDINANCE
A motion was made by Vice-Chair Wilborn and carried 4-1 to approve TA-18-
25 to consolidate the Planning Ordinance and find the document reasonable in the public’s
interest and consistent with the Person County and City of Roxboro Joint Comprehensive
Land Use Plan because it clarifies the regulation language.
Commissioner Long voted in opposition.
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INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments.
Jada Garnett of 711 Leasburg Road, Lot 15, Roxboro spoke about personal
experiences while in Person County DSS custody. She stated she entered DSS custody at
age 5 and aged out at 18 in August 2025 while hospitalized; stated she was discharged
from the hospital at midnight on her birthday without support. She alleged repeated abuse
in multiple foster homes, including physical restraint, forced medication, and physical
assaults (e.g., being choked, dragged by hair, and witnessing abuse of her sister with
Down syndrome). She reported periods of inadequate supervision and lack of food in later
placements, leading her to seek food and shelter outside the home; disclosed being
kidnapped and later trafficked while in foster care. She expressed frustration that concerns
raised to DSS staff were ignored; stated her social worker provided $100 upon aging out
and told her to “figure it out.” She requested assistance from the Board in obtaining
documentation related to victim-of-trafficking resources and questioned why her social
worker remains employed.
Amanda Wallace, Founder, Operation Stop CPS of Durham, stated that Kemari
Morgan died in foster care under County supervision and alleged the child was poisoned;
stated the mother was not informed of the cause of death for seven months. She criticized
the County for lack of transparency and accountability, noting that the foster parent was
arrested but systemic issues remain unresolved. She stated that Person County continues to
remove children unnecessarily and profit from foster placements. She requested that the
Board ensure resources owed to Jada Garnett are provided; stated she had contacted DSS
and was told the social worker remains employed. She reported a pending public records
request for DSS case files submitted over six months ago; requested expedited
compliance. She questioned why historical materials referencing the sale of enslaved
individuals were displayed near a “Welcome to Person County” sign, suggesting systemic
inequities persist. She urged the Board to “do better” and stated skepticism that
improvements will occur without community pressure.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Vice-Chair Wilborn and carried 5-0 to approve the
Consent Agenda with the following items:
A. December 1, 2025, Minutes
B. 2026 Commissioner Committee Assignments
C. Budget Amendment # 11
D. EDC Bylaws Amendment
E. ES&S EVS 6300 Certified Voting System
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NEW BUSINESS:
CHIEF’S ASSOCIATION MID-YEAR FUNDING REQUEST
County Manager Katherine Cathey stated that the Fire & Rescue Services District
Fund Balance (unaudited) is estimated at $1.8M (FY25 end). She stated that the Chiefs
Association procedures recommend maintaining $1.0M minimum balance. She stated that
the request is $85,000 per department; total $765,000 one-time allocation from fund
balance. She stated that the FY26 tax rate is 4¢ (slightly above revenue neutral), and there
will likely be slower fund balance growth as personnel expenses ramp up.
Commissioner Royster and Commissioner Long both expressed thanks and
appreciation to all the VFD’s for what they do for the community.
Chiefs Association President Gabe Windham spoke on increases on insurance and
equipment and indicated everything is constantly rising.
Vice-Chair Wilborn stated that she likes how this was presented with the
signatures of each of the fire departments to make sure that everybody understands this
part of the request.
A motion was made by Commissioner Long and carried 5-0 to approve the mid-
year funding request in the amount of $765,000.
ECONOMIC DEVELOPMENT ORGANIZATIONAL STRUCTURE
County Manager Katherine Cathey stated that at the Board’s direction, she did
research on transitioning the Economic Development Commission (EDC) from an
advisory board to a public authority employing staff. She provided models from Wilson
County (EDC + nonprofit), Union County (former joint EDC dissolved; city/county
departments), Gaston County (mixed employment). She stated that LGERS (Local
Governmental Employees’ Retirement System) membership requires Board of Trustees
approval (preferred April 30 meeting for July 1 effective date), employee vote, EDC
Board resolution, and a surety reserve (estimated 1–2 years’ salary) to cover potential
unfunded liabilities. She stated that public authority must comply with Local Government
Fiscal Control Act (own auditor/finance officer, policies, admin costs).
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A motion was made by Vice-Chair Wilborn and carried 4-1 to direct the County
Manager to request the LGERS application packet, and return with timeline, requirements,
and financial implications at the next regular meeting.
Commissioner Royster voted in opposition.
HUMAN SERVICES ADVISORY COMMITTEE AMENDED BYLAWS
Assistant Manager/Consolidated Human Services Director Brian Hart presented
the following proposed amendments to the bylaws for the Human Services Advisory
Committee:
Law enforcement seat may be from Sheriff’s Office or Roxboro Police
Department.
Membership revised to three (3) General Public seats (rather than two public + one
past service recipient).
Terms: Four-year terms, with initial staggering (some appointed to two-year terms
to establish continuity).
A motion was made by Vice-Chair Wilborn and carried 5-0 to approve the
amended bylaws for the Human Services Advisory Committee.
APPOINTMENTS TO BOARDS AND COMMITTEES
Clerk to the Board Michele Solomon presented to the Board interested citizen
applications for consideration for appointment to boards and committees and requested the
Board to nominate for appointment as deemed appropriate.
Agricultural Advisory Board
2-Year Initial Term; 4-Year Reappointment
2 positions available
The following application was received:
Bruce Whitfield requests reappointment
A motion was made by Commissioner Royster and carried 5-0 to reappoint Bruce
Whitfield to the Agricultural Advisory Board for a 4-year term.
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Airport Commission
3-Year Term: 1 position available for a Citizen-at-Large with interest in aviation, and 1
position available for a Licensed Pilot
The following applications were received:
Kirk Adams requests appointment- Licensed Pilot
Zakiya James requests appointment-Citizen-at-Large
Jeffrey Smith requests appointment-Citizen-at-Large
Michael Smith requests appointment-Citizen-at-Large
Dusty Wall request reappointment-Citizen-at-Large
Steven Watkins requests reappointment- Licensed Pilot
A motion was made by Vice Chair Wilborn and carried 5-0 to reappoint Dusty
Wall to the Airport Commissioner representing a citizen-at-large for a 3-year term.
A motion was made by Vice Chair Wilborn and carried 5-0 to reappoint Steven
Watkins to the Airport Commission as a licensed pilot for a 3- year term.
Board of Adjustment
3-Year Term: 1 position available
The following application was received:
Cynthia Lynch requests reappointment
A motion was made by Commissioner Royster and carried 4-1 to reappoint
Cynthia Lynch to the Board of Adjustment for a 3-year term. Vice-Chair Wilborn voted in
opposition.
Human Services Advisory Committee
1 position available for each of the following: a Representative from the Person County
Sheriff’s Office, A Representative from the Person County Health Department, a
Guardian-ad-Litem, a Past-Service Recipient, and a Representative from the Person
Veterans Council, and 2 positions for the following: Citizen-at-Large
The following applications were received for Citizen-at-Large:
John Byrd, Sr. requests appointment
Treco Lea-Jeffers requests appointment
Sandy Parker requests appointment
Kenneth Perry requests appointment
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Eric Turley requests appointment
Gerald Wallace requests appointment
Mia Winstead requests appointment
The following applications were received for each of the following:
Guardian-ad-Litem – Jayne Bremer requests appointment
Representative from the PCSO- Wesley Brown, Jr. requests appointment
Representative from the Person Veterans Council- Teresa Burch requests appointment
Representative from Person County Health Department- Tabatha Philpott requests
appointment
A motion was made by Vice-Chair Wilborn and carried 5-0 to appoint Treco Lea-
Jeffers and Sandy Parker for a 4-year term, and Kenneth Perry for a 2-year term as
members of the general public to the Human Services Advisory Committee.
A motion was made by Chairman Puryear and carried 5-0 to appoint Jayne
Bremer as Guardian-ad-Litem, Wesley Brown, Jr. as PCSO representative, Teresa Burch
as Person Veterans Council representative, and Tabatha Philpott as Person County Health
Department representative to the Human Services Advisory Committee for a 4-year term.
Juvenile Crime Prevention Council
1-Year Initial Term: 2-Year Reappointment
1 position available for each of the following: a Juvenile Defense Attorney, Chief District
Court Judge or Judge designated by the Chief District Court Judge, District Attorney or
designee, Chief Court Counselor or designee, Person County Sheriff or designee, Chief of
Police or designee, Person County School Superintendent or designee, Director of the
Department of Social Services or Consolidated Human Services Agency or designee, and
a Representative of a local Parks and Recreation Program.
6 positions available for Members of the General Public, and 1 position available for a
Citizen under the age of 21
The following applications were received for Members of the General Public:
Anita Banks requests appointment
Beverly Cates requests reappointment
Charles Croson requests appointment
Rev. Phillip Jackson requests appointment
Latisha Linzsey requests reappointment
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Louise Oliver requests reappointment
Debra Sierra requests appointment
Mia Winstead requests appointment
The following applications were received for each of the following:
Michelle Carey requests appointment as Department of Social Services designee
Marie Chapman requests appointment as Chief Court Counselor
John Hill requests reappointment as a Representative from Parks and Recreation
Deputy Sheriff Aron Lappin requests reappointment as Person County Sheriff designee
Judge John Hoyte Stultz, III requests reappointment as Chief District Court Judge
designee
Detective Brice Warren requests appointment as Chief of Police designee
A motion was made by Commissioner Royster and carried 5-0 to appoint Anita
Banks, Charles Croson, Debra Sierra, and Mia Winstead for a 1-year term, and to
reappoint Beverly Cates and Louise Oliver for a 2-year term as members of the general
public to the Juvenile Crime Prevention Council.
A motion was made by Commissioner Royster and carried 5-0 to appoint
Michelle Carey as DSS designee, Marie Chapman as Chief Court Counselor, and
Detective Brice Warren as Chief of Police designee for a 1-year term and to reappoint
John Hill as a representative from Parks and Recreation, Deputy Sheriff Aron Lappin as
Person County Sheriff designee, and Judge John Hoyte Stultz III as Chief District Court
Judge designee for a 2-year term to the Juvenile Crime Prevention Counsel.
Opioid Settlement Advisory Committee
1 position available for the following: a Business Leader representative, and a
Representative from Person Memorial Hospital
The following application was received:
Garrison Bowes Perkins requests appointment as a Business Leader Representative
A motion was made by Commissioner Long and carried 5-0 to appoint Garrison
Bowes Perkins to the Opioid Settlement Advisory Committee as a Business Leader
representative.
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Region K Aging Advisory Council
3-Year Term: 2 positions available
The following applications were received:
Jennifer Morrow requests reappointment
Wanda Oneal requests reappointment
A motion was made by Vice-Chair Wilborn and carried 5-0 to reappoint Jennifer
Morrow and Wanda Oneal to the Region K Aging Advisory Council for a 3-year term.
Tourism Development Authority
1-Year Initial Term; 2 -Year Reappointment
1 position available for a citizen at-large to fill an unexpired term to 12/31/2027, and
1 position available for a Lodging Representative
The following applications were received:
Amy Adams requests appointment as a citizen-at-large
Dr. Claudia Berryhill requests reappointment for a Lodging Representative
Robby Jones requests appointment as a citizen-at-large
A motion was made by Chairman Puryear and carried 5-0 to appoint Robby Jones
to fill the citizen-at-large unexpired term through December 31, 2027 and to reappoint Dr.
Claudia Berryhill as a Lodging representative for a 3-year term to the Tourism
Development Authority.
Workforce Development Board
1-Year Initial Term; 2-Year Reappointment
1 position available for a business and industry representative
The following application was received:
Rev. Philip Jackson requests appointment
A motion was made by Commissioner Royster and carried 5-0 to appoint Rev.
Philip Jackson as a Business & Industry representative for a 1-year term to the Workforce
Development Board.
35
January 5, 2026
34
CHAIRMAN’S REPORT
Chairman Puryear had no report.
MANAGER’S REPORT
County Manager Katherine Cathey stated that the County will commemorate
America 250 this year. She stated that there will be a kick-off event this Saturday, January
10, 2026 at 11:00 a.m. at the Person County Public Library, which will be a presentation
by Kara Stewart, representing the Sappony Tribe, highlighting American Indian Heritage
in Person County.
COMMISSIONER REPORTS/COMMENTS
Vice-Chair Wilborn recognized veterans’ honor guard present at Tom Hill
Clayton’s funeral and thanked Chief Deputy Massey for a solo honor salute at Robert
Brooks’ funeral.
Commissioner Thomas had no report.
Commissioner Royster stated that she attended the December 30, 2025,
homelessness town hall; clarified misinformation regarding shelter operating costs and
timing; emphasized the need for compassion and tangible county investments benefiting
residents.
Commissioner Long shared remembrances of Tom Hill Clayton. He Expressed
concerns regarding the $60,000 County allocation to the Roxboro Community
Development Corporation for homeless shelter operations, furnishing, and equipment;
requested confirmation of compliance items including:
o Whether funds have been spent consistent with the agreement
o Receipt of concise reports due August 15, 2024, and annually thereafter
o Certificates of insurance for 2024 and renewal for 2025
o Finance Department audit documentation regarding those funds
o Directed the County Manager to report back to the Board on these items
A motion was made by Vice- Chair Wilborn and carried 5-0 to enter into Closed
Sessions at 8:02 p.m.
Chairman Puryear called the closed sessions to order at 8:06 p.m.
36
January 5, 2026
35
CLOSED SESSION #1
A motion to enter into Closed Session #1 per General Statute 143-318.11(a)(3) for the
purpose to consult with the county attorney in order to preserve the attorney-client
privilege in matters related to Hot Rock Haulers v. Person County, with the following
individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board Michele
Solomon, and County Attorney T.C. Morphis, Jr.
CLOSED SESSION #2
A motion to enter into Closed Session #2 per General Statute 143-318.11(a)(6) for the
purpose to discuss personnel with the following individuals permitted to attend: County
Manager Katherine Cathey, County Attorney T.C. Morphis, Jr., and Human Resources Director
Sonya Carver.
A motion was made by Commissioner Long and carried 5-0 to return to open
session at 9:11 p.m.
ADJOURNMENT
A motion was made by Commissioner Long and carried 5-0 to adjourn the meeting
at 9:14 p.m.
____________________________ ______________________________
Michele Solomon Kyle Puryear
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
37
1/20/2026
Dept./Acct No.Department Name Amount
Incur / (Decr)
EXPENDITURES General Fund
Public Safety 1,704
Culture and Recreation 840
Human Services 1,559
REVENUES General Fund
Other Revenue 3,263
Charges for Services 840
REVENUES 2024 LOB's Fund
Debt Financing Proceeds 118,588
EXPENDITURES 2024 LOB's Fund 118,588
Issuance Costs
Explanation:
Account Number Account Description
$Revenues
incr. (decr.)
(cr.) dr.
$Expenditures
incr. (decr.)
dr. (cr.)
100-389890 Misc Revs: Insurance Proceeds 1,704
1004310-435300 Sheriff: Maint & Repair/Vehicles 1,704
10055-361414 P&R-Recreation Fees-Camps/Classes 840
1006120-430000 P&R-Contracted Services 840
19050-378540 DSS-Donation 1,559
1905380-537000 DSS-Foster Care Donations 1,559
44065-392920 2024 LOBs-Debt Financing Proceeds 118,588
4404260-572200 2024LOBs-Debt Issuance Costs 118,588
Totals 122,691 122,691
BUDGET AMENDMENT #12
Appropriating ($1,704) in insurance proceeds for Sheriff's Office vehicle repairs; recognizing ($840) in
excess revenue at Parks and Recreation to support instructor fees; recognizing a donation ($1,559) to the
Department of Social Services for Foster Care support and recognizing the underwriter's discount
($118,588) applied to the 2024 Limited Obligation Bonds.
BUDGET ADJUSTMENT DETAIL
38
AGENDA ABSTRACT
Meeting Date:
Jan. 20, 2026
Agenda Title:
Personnel Policy Amendment
Summary of Information:
The Human Resources Department is requesting Board approval of updates to the County’s
Personnel Policy. The revised policy includes changes to ensure clarification of existing
procedures and additions and updates to reflect current best practices in public sector
personnel management. The proposed revisions have been reviewed by the county attorney for
legal compliance.
Key additions and updates include:
•Responsibilities of the Department Heads, Supervisors and Employees
•Criminal Charges and Convictions
•Insertion of existing Workplace Violence and Substance Abuse Policies
•Health and Safety – Fit for Duty
•Fraternization
•Ethical and Appearance Standards
•Unpaid Personal Leave
•Employee Complaint Resolution
•Counseling and Performance Improvement Plans
•Name Clearing Hearing
•Clarity regarding part-time positions for employment conditions
Financial Impact:
None
Recommended Action:
Approval of the recommended updates of the Personnel Policy effective Feb. 1, 2026.
Submitted By:
Sonya Carver, Human Resources Director
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PERSON COUNTY GOVERNMENT
PERSONNEL POLICY
Amended February 1, 2026
BE IT RESOLVED by the Board of County Commissioners for Person County that the
following policies apply to the appointment, classification, benefits, salary, promotion, demotion,
dismissal, and conditions of employment for the employees of the County.
Article Title Page
ARTICLE I. GENERAL PROVISIONS .......................................................................... 8
Section 1. Purpose of the Policy .......................................................................... 8
Section 2. Merit Principles .................................................................................... 8
Section 3. Responsibilities of the County Board of Commissioners ..................... 8
Section 4. Responsibilities of the County Manager .............................................. 8
Section 5. Responsibilities of the Human Resources Director ............................. 9
Section 6. Responsibilities of the Department Heads and Supervisors ............ 10
Section 7. Responsibilities of the Employees ................................................... 10
Section 8. Application of Policies, Plan, Rules, and Regulations ....................... 11
Section 9. Departmental Rules and Regulations ............................................... 11
Section10.Definitions .......................................................................................... 11
ARTICLE II. POSITION CLASSIFICATION PLAN ..................................................... 14
Section 1. Purpose ............................................................................................. 14
Section 2. Composition of the Position Classification Plan ................................ 14
Section 3. Use of the Position Classification Plan ............................................. 14
Section 4. Administration of the Position Classification Plan ............................. 15
Section 5. Authorization of New Positions and the Position Classification Plan . 15
Section 6. Request for Reclassification .............................................................. 15
ARTICLE III. THE PAY PLAN ..................................................................................... 15
Section 1. Definition ............................................................................................ 16
Section 2. Administration and Maintenance ....................................................... 16
Section 3. Starting Salaries ................................................................................ 17
Section 4. Maximum of the Range ..................................................................... 18
Section 5. Trainee Designation and Provisions ................................................. 18
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Section 6. Education and Certification Increase ............................................... 18
Section 7. Pay Range Increases ...................................................................... 20
Section 8. Performance Review and Development System ............................. 20
Section 9. Salary Effect of Promotions, Demotions, Transfers and
Reclassifications ............................................................................................... 20
Section 10. Salary Effect of Salary Range Revisions ....................................... 22
Section 11. Temporary or Permanent Additional Job Duties Assigned ............ 22
Section 12. Transition to a New Salary Plan ..................................................... 22
Section 13. Effective Date for Pay Changes ..................................................... 23
Section 14. Pay for "Acting" or Temporary Assignments in a Higher-Level
Class ................................................................................................................. 23
Section 15. Overtime Pay Provisions ................................................................ 23
Section 16. On-Call and Call Back Compensation ........................................... 25
Section17. Payroll Schedule and Deductions ................................................... 26
Section 18. Hourly Rate of Pay for Full-time, Part- time and Temporary
Employees and for Work Weeks with Varying Hours ...................................... 26
Section 19. Longevity…………………………….………………………………… 27
Section 20. Overnight Supervision Incentive (DSS) ......................................... 27
Section 21. Providing Urgent Maternal Protection Act (PUMP Act) .................. 28
ARTICLE IV. RECRUITMENT AND EMPLOYMENT.................................................... 29
Section 1. Equal Employment Opportunity Policy ............................................. 29
Section 2. Implementation of Equal Employment Opportunity Policy ............... 29
Section 3. Recruitment, Selection and Appointment ......................................... 29
Section 4. Probationary Period ......................................................................... 30
Section 5. Promotion ........................................................................................ 31
Section 6. Demotion ......................................................................................... 31
Section 7. Transfer ........................................................................................... 32
Section 8. Accommodations ............................................................................. 32
ARTICLE V. CONDITIONS OF EMPLOYMENT ........................................................... 35
Section 1. Immigration Law Requirement ......................................................... 35
Section 2. Work Schedule................................................................................. 35
Section 3. Political Activity ................................................................................ 35
Section 4. Expectation of Ethical Conduct ........................................................ 35
Section 5. Ethical Standard and Appearance ................................................... 36
Section 6. Attendance ....................................................................................... 38
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Section 7. Outside Employment........................................................................ 38
Section 8. Dual Employment .............................................................................. 39
Section 9. Employment of Relatives .................................................................. 39
Section10.Fraternization ................................................................................... 39
Section11.Harassment ....................................................................................... 40
Section12.Use of County Time, Equipment, Supplies, and Vehicles ................ 40
Section13. Performance Assessment Program .................................................. 41
Section14.Employee Assistance Program ........................................................ 42
Section15.Substance Abuse Policy .................................................................. 42
Section16.Health and Safety – Fit for Duty ....................................................... 53
Section17.Credentials and Certifications ........................................................... 54
Section18.Travel Rules and Regulations ........................................................... 54
Section19.Internet Access ................................................................................ 55
ARTICLE VI. SAFETY ................................................................................................... 56
Section 1. Workplace Violence ........................................................................ 56
Section 2. Worker’s Compensation .................................................................. 60
Section 3. Worker’s Compensation Leave ....................................................... 61
ARTICLE VII. EMPLOYEE BENEFITS ....................................................................... 59
Section 1. Eligibility ............................................................................................. 59
Section 2. Group Health and Hospitalization Insurance ..................................... 59
Section 3. Group Life Insurance ......................................................................... 59
Section 4. Other Optional Group Insurance Plans ............................................. 59
Section 5. Retirement ......................................................................................... 59
Section 6. Supplemental Retirement Benefits (401-K) ....................................... 61
Section 7. Social Security .................................................................................. 61
Section 8. Workers' Compensation .................................................................... 61
Section 9. Unemployment Compensation .......................................................... 61
Section 10. Tuition Assistance Program ............................................................. 61
Section 11. Credit Union…………………………
ARTICLE VIII. HOLIDAYS AND LEAVES OF ABSENCE ........................................... 63
Section 1. Policy ................................................................................................. 63
Section 2. Holidays .............................................................................................. 63
Section 3. Holidays: Effect on Other Types of Leave ....................................... 63
Section 4. Holidays: Compensation When Work is Required ........................... 63
Section 5: Wellness Day ................................................................................... 64
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Section 6. Annual Leave .................................................................................... 64
Section 7. Annual Leave: Accrual Rate .............................................................. 64
Section 8. Annual Leave: Maximum Accumulation ............................................. 65
Section 9. Annual Leave: Manner of Taking ...................................................... 65
Section 10. Annual Leave: Payment Upon Separation ...................................... 65
Section 11. Annual Leave: Payment Upon Death .............................................. 65
Section 12. Sick Leave ....................................................................................... 67
Section 13. Sick Leave: Accrual Rate and Accumulation .................................. 68
Section 14. Sick Leave: Medical Certification .................................................... 68
Section 15. Bereavement Leave ........................................................................ 68
Section 16. Unpaid Personal Leave ................................................................. 69
Section 17. Extended Leave .............................................................................. 69
Section 18. Parental Leave ................................................................................ 70
Section 19. Family Medical Leave ..................................................................... 70
Section 20. Family and Medical Leave: Medical Certification ............................. 72
Section 21. Family Medical Leave and Leave Without Pay: Retention
and Continuation of Benefits .............................................................................. 72
Section 22. Workers' Compensation Leave ....................................................... 73
Section 23. Military Leave .............................................................................................................. 73
Section 24. Reinstatement Following Military Service ........................................ 74
Section 25. Civil Leave ...................................................................................... 52
Section 26. Parental School Leave…………………………………………….…...52
Section 27. Voluntary Shared Leave…………………………………………….….53
ARTICLE IX. SEPARATION AND REINSTATEMENT ................................................ 55
Section 1. Types of Separations .......................................................................... 55
Section 2. Resignation ......................................................................................... 55
Section 3. Reduction in Force ............................................................................ 55
Section 4. Disability .............................................................................................. 55
Section 5. Voluntary Retirement ......................................................................... 56
Section 6. Death ................................................................................................. 56
Section 7. Dismissal ........................................................................................... 56
Section 8. Reinstatement .................................................................................... .56
Section 9. Rehiring ............................................................................................. 56
ARTICLE X. EMPLOYEE COMPLAINT RESOLUTION .............................................. 81
ARTICLE XI. COUNSELING AND PERFORMANCE ASSESSMENT PLANS
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ARTICLE XII. DISCIPLINE AND DIMISSAL ................................................................. 57
Section 1. Disciplinary Action for Unsatisfactory Performance of Duties ........... 57
Section 2. Unsatisfactory Performance of Duties Defined ................................. 57
Section 3. Communication and Warning Procedures Preceding Disciplinary
Action for Unsatisfactory Job Performance ....................................... 58
Section 4. Disciplinary Action for Unsatisfactory Performance of Duties ........... 58
Section 5. Unacceptable Personal Conduct Defined ......................................... 86
Section 6. Disciplinary Action for Unacceptable Person Conduct ...................... 87
Section 7. Procedure for Pre-disciplinary Conference ....................................... 60
Section 8. Non-disciplinary Suspension ............................................................. 60
Section 9. Name Clearing Hearing ................................................................... 89
ARTICLE XIII. GRIEVANCE PROCEDURE AND ADVERSE ACTION APPEAL ....... 62
Section 1. Policy ................................................................................................. 62
Section 2. Grievance Defined ............................................................................ 62
Section 3. Purposes of the Grievance Procedure .............................................. 63
Section 4. Procedure .......................................................................................... 64
Section 5. Role of the Human Resources Director ............................................ 65
Section 6. Specific Grievance and Adverse Action Appeal Procedure for
Discrimination and/or Harassment .................................................... 66
ARTICLE XIV. PERSONNEL RECORDS AND REPORTS ........................................ 67
Section 1. Public Information ............................................................................ 67
Section 2. Access to Confidential Records ...................................................................... 67
Section 3. Personnel Actions ............................................................................. 68
Section 4. Records of Former Employees ......................................................... 68
Section 5. Remedies of Employees Objecting to Material in File ...................... 68
Section 6. Penalties for Permitting Access to Confidential Records .................. 68
Section 7. Examining and/or Copying Confidential Material without
Authorization ...................................................................................... 69
Section 8. Destruction of Records Regulated ................................................... 69
ARTICLE XV. IMPLEMENTATION OF POLICIES ...................................................... 70
Section 1. Conflicting Policies Repealed ............................................................ 70
Section 2. Severability ........................................................................................ 70
Section 3. Effective Date .................................................................................... 70
Section 4. Amendments .................................................................................... 70
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ARTICLE I. GENERAL PROVISIONS
Section 1. Purpose of the Policy
It is the purpose of this Personnel Policy, and the rules and regulations set forth to establish a fair and
uniform system of personnel management for all employees of the County under the administration of
the County Manager, elected officials, Elections Board of Elections and Board of Health. 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), 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.
Except when superseded by the State Human Resources Act, all employees are “at-will.” Further,
probationary employees and variable part-time employees may have their employment ended at any time
and for 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, age, genetic information (including family medical
history), marital status, political affiliation, sexual orientation, status as parent, labor organization affiliation
or non-affiliation, or any other non-merit-based factor.
Section 3. Responsibilities of the County Board of Commissioners
The County Board of Commissioners shall be responsible for establishing and approving human
resources policies, the position classification and pay plan, and it may change the policies and
benefits as necessary. The Board also shall make and confirm appointments when so specified by the
general statutes.
Section 4. Responsibilities of the County Manager
The County Manager shall be responsible to the County Board of Commissioners for the administration
and technical direction of the human resources program. The County Manager shall appoint, suspend,
and remove County officers and employees except those elected by the people or whose appointment
is otherwise provided for by law. The County Manager shall make appointments, dismissals and
suspensions in accordance with the state statutes and other policies and procedures spelled out in other
Articles in this Policy.
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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. 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;
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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) ensure that all employees receive and sign for a copy of this personnel policy and
any revisions.
Section 6. Responsibilities of Department Heads and Supervisors
Department heads and supervisors shall meet their responsibilities as directed by the County Manager or
designee, being guided by this Policy, County ordinances, and any other applicable policies. The County
requires all department heads and supervisors to meet their responsibilities by:
a) setting a good example for employees;
b) dealing with all employees in a fair and equitable manner and upholding the principles of equal
employment opportunities;
c) developing and motivating employees to reach their fullest potential through continued education and
training;
d) making objective evaluations of individual work performance and discussing these evaluations with
each employee so as to bring about needed improvements;
e) keeping employees informed of their role in accomplishing the work of their unit and of conditions or
changes affecting their work;
f) making every effort to resolve employee problems and grievances and advising employees of their
rights and privileges.
g) cooperating and coordinating with other staff members in workflow and distribution of information;
h) making proper performance documentation and maintaining current performance files; and
i) abiding by the provisions of these policies and ensuring employees abide by the same.
Section 7. Responsibilities of Employees
Teamwork is an important part of an effective organization. Just as supervisors are responsible for
keeping employees informed on relevant issues, employees are responsible for keeping their supervisors
informed on relevant work issues.
Employees are responsible for:
a) following the chain of command in addressing work-related issues;
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b) reporting any relevant information through their supervisors to the County Manager so the County
Manager is always making decisions based on complete information;
c) coming to work dressed and groomed appropriately to serve the public and wearing appropriate
County identification badges;
d) referring any citizen issues to the County Manager’s office that cannot be resolved satisfactorily
through the ordinary chain of command (employees should not refer citizens to elected officials for
operational issues); and
e) keeping supervisors informed on any issues that serve as barriers to effective work performance or
teamwork within the work unit.
Section 8. 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 9. 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 10. 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;
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c) The Board of Elections shall be the Appointing and Hiring Authority for positions in the
Elections Department; and
d) The Health Director shall be the Appointing and Hiring Authority for positions in the Health
Department.
Classification. A title of a single or group of positions which are sufficiently similar to require the same
set of knowledge, skills, abilities, education and experience qualifications.
Continuous Employment. Uninterrupted service to Person County as a Full-time employee.
Demotion. A demotion is the movement of an employee from one position to a position in a class
assigned to a lower salary range. Demotions may be voluntary or involuntary.
Full-time employee. An employee who is in a position for which an average work week equals at more
than 30 hours on average, and Continuous Employment of at least 12 months. Such employees
are eligible for benefits.
Grant-funded employee. An employee whose position is paid for with grant funds. Such employees are
not generally eligible for accrued leave benefits, probationary increases, longevity, merit pay, etc. unless
the grant program allows for such expenditures and they have been appropriately budgeted.
Immediate Family. Spouse, parent, guardian, children, sister, brother, grandparents, grandchildren plus
the various combinations of half, step, in-law, and adopted relationships that can be derived from those
named.
Part-time employee. An employee who is in a position requiring less than 30 hours of work on
average per week, and, less than 1,000 hours per year. Part-time employees may be designated as
permanent or temporary and do not typically qualify for benefits.
Regular Part-time employee. An employee who is in a position for which a regularly scheduled work
week is at less than 20 hours and less than 1,000 hours per calendar year. Limited benefits may be
available for the employee.
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.
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 or regular part-time position who has
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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.
Transfer. The movement of an employee from one position to a position in a class in the same salary range.
Variable Part-time employee. An employee who works less than 20 hours per week and less than
1,000 hours per calendar year. Employee’s hours are based on the need of the department and hours
are not routinely scheduled. Variable part-time employees are not afforded rights under the grievance
policy and do not receive benefits.
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 ensure its continuing value
as a personnel management tool, the positions classification plan will be maintained to reflect the current
work assignments and other conditions and requirements which are factors in proper classification and
allocation of regular positions.
Positions in the Department of Public Health will be classified by the NC Department of Health and Human
Services (DHHS) in compliance with the rules and regulations under the State Human Resources Act.
Section 2. Composition of the Position Classification Plan
The classification plan shall consist of:
a) A grouping of positions in classes which are approximately equal in difficulty and
responsibility which call for the same general qualifications, and which can be equitably
compensated within the same range of pay under similar working conditions;
b) class titles descriptive of the work of the class;
c) written specifications for each class of positions; and
d) an allocation list showing the class title of each position in the classified service.
Section 3. Use of the Position Classification Plan
The classification plan is to be used:
a) as a guide in recruiting and examining applicants for employment;
b) in determining lines of promotion and in developing employee training programs;
c) in determining salary to be paid for various types of work;
d) in determining personnel service items in departmental budgets; and
e) in providing uniform job terminology.
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Section 4. Administration of the Position Classification Plan
The County Manager, assisted by the Human Resources Director, shall allocate each position covered
by the classification plan to its appropriate class, and shall be responsible for the administration of the
position classification plan. The Human Resources Director shall periodically review portions of the
classification plan and recommend revisions to the County Manager to ensure that classifications
accurately reflect current job duties and responsibilities. The Human Resources Director shall also
periodically review the entire classification plan and, when needed, recommend major changes to the
County Manager. For Employees subject to the State Human Resources Act, both the Person County
Classification Plan, and the Office of State Human Resources Classification Plan should be considered.
Section 5. Authorization of New Positions and the Position Classification Plan
New positions shall be established upon recommendation of the County Manager and approval of the
Board of Commissioners. New positions shall be recommended to the Board of Commissioners with a
recommended class title. The position classification plan, along with any new positions or classifications
shall be approved by the Board of Commissioners and on file with the Human Resources Director. A
copy of the position classification plan will be posted on the County website under the Human Resources
Department for review by employees and the public.
Section 6. Request for Reclassification
Any employee or Department Head who considers the position in which classified to be improper shall
submit a request in writing for reclassification to such employee's immediate supervisor, who shall
immediately transmit the request to the Human Resources Director through the chain of command. Upon
receipt of such request, the Human Resources Director shall study the request, determine the merit of
the reclassification, and recommend any necessary changes to maintain a fair and accurate classification
plan, to the County Manager. The decision of the County Manager is final.
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ARTICLE III. THE PAY PLAN
Section 1. Definition
The pay plan includes the salary schedule and the assignment of classes to salary grades and
ranges adopted by the Board of Commissioners. The salary schedule may consist of a minimum,
midpoint, and maximum rates of pay for each job classification approved by the Board of
Commissioners. Salary increases within the pay range shall be based on criteria established by
the County Manager and approved by the Board of Commissioners.
In order to ensure proper pay, time worked must be entered on the employee’s timesheet pursuant
to current County practices, which currently require time entry in quarter hour increments. Please
note that some employees, particularly those subject to the Department of Transportation
Guidelines, may have different timekeeping requirements.
Section 2. Administration and Maintenance
The County Manager shall be responsible for the administration and maintenance of the pay plan.
All employees covered by the pay plan shall be paid at a rate within the salary range established
for the respective position classification, except for employees in trainee status or employees
whose existing salaries are above the established maximum rate following transition to a new pay
plan.
The pay plan is intended to provide equitable compensation for all positions, reflecting differences
in the duties and responsibilities, the comparable rates of pay for positions in public employment
in the area, changes in the cost of living, the financial conditions of the County, and other factors.
To this end, from time to time the County Manager, assisted by the Human Resources Director,
shall make comparative studies of all factors affecting the level of salary ranges and may make
minor adjustments in the allocation of positions to salary grades. When major adjustments
encompassing numerous positions are needed, or when a general adjustment is needed to the
pay plan, the County Manager shall recommend such changes in salary ranges as appear to be
warranted to the Board of Commissioners. The Board of Commissioners shall adopt the salary
schedule and assignment of job classes to salary grades, including any minor adjustments made
by the County Manager during the previous budget year, annually as part of the budget process.
The County Manager may approve in-range adjustments to employee salaries when necessary
to accommodate inequities, special performance, achievements, retention or other issues. The
Department Head will submit documentation to the Human Resources Director explaining the
reason for requesting an in-range adjustment. The Human Resources Director will make a
recommendation to the County Manager.
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Section 3. Starting Salaries
In order to establish the pay rate for new hires (or rehires), the following criteria will be used to
promote fairness and equity in pay.
a) The starting salary for a new employee who meets the minimum qualifications for the
position is typically the minimum of the salary range to which the job classification is
assigned.
b) The new hire starting salary for employees (or re-hires) may consider directly relevant
experience and/or experience that can be verified by the Human Resources Department.
Employees who have left the County and have been officially terminated will be re-hired
using these criteria and will not be rehired at the previous salary. Re-hires who have left the
County’s employ will be considered using the same criteria as new hires.
c) Internal Equity is an equally important consideration in filling a vacant position. Before a
salary offer is made, Human Resources will also consider the current salaries, level of
education, relevant licenses/certifications and length of service in the same/similar job
class or classes of current incumbents. It is the policy of the County to make every effort
to avoid inverted salary relationships which are created by bringing in newly hired
employees at a salary that exceeds the current salaries of comparably placed existing
employees in the same/similar job class.
d) The Human Resources Department may consider a higher salary offer if the open position
is determined to be a “hard to fill” position. “Hard to fill” positions will be determined by
the Human Resources Department and will be based on the length of time the position
has remained unfilled, the difficulty to recruit, the “mission critical” nature of the work and
the market conditions of the position, at the time of a vacancy.
e) The salary range is typically considered the span in salary between the minimum of the
range and the midpoint for most positions. For Directors or Assistant Director level
positions, the qualifications of the applicant and/or the needs of the County should include
the discretion to hire anywhere within the range. However, consideration should still be
given to existing salaries of other employees who are in directly comparable leadership
positions.
Elected officials, i.e., the Sheriff and Register of Deeds, shall be paid upon initial election or
appointment, at the starting salary for the office. The Board of Commissioners may adjust the
salary of the elected official by considering the years of service, performance and related
experience of the person.
Pay for part-time or temporary status will be based on the applicable hourly rate for the position.
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Section 4. Maximum of the Range
Ranges are established to reflect the market value of a given job profile and not an incumbent.
Once an employee reaches the maximum of his/her assigned range, the salary is frozen, and the
employee is not eligible for any additional compensation unless there is a range movement that
would result in a higher maximum.
Section 5. Trainee Designation and Provisions
Applicants being considered for employment or County employees who do not meet all of the
requirements for the position for which they are being considered may be hired, promoted,
demoted, or transferred by the County Manager to a "trainee" status or under the State Human
Resources Act job classes as a "Work Against.” In such cases, a plan for training and meeting
the minimum qualification for the job classification, including a time schedule, must be prepared by
the supervisor. An employee shall remain at the trainee or "Work Against" salary level until the
Department Head certifies that the employee is qualified to assume full responsibilities of the
position and the County Manager approves the certifications. The Department Head shall review
the progress of each employee in a trainee or "Work Against" status every six months or more
frequently as necessary to determine when the employee is qualified to assume full
responsibilities of the position. "Trainee" salaries may be one to two grades below the minimum
rate established for the position for which the person is being trained. Assignment two grades
below is appropriate when the traineeship is expected to last two years. Assignment one grade
below is appropriate when traineeship is expected to last one year. (Note: Positions subject to the
State Human Resources Act may be assigned no more than two grades below for trainee
purposes.) The actual assignment should be reviewed and approved by the Human Resources
Director. A new employee designated as "trainee" appointment shall be in a probationary status
until requirements for the full job class are met.
If the training is not successfully completed as planned, the employee shall be transferred,
demoted, or dismissed. If the training is successfully completed, the employee shall be paid at
least at the minimum rate established for the job class.
Section 6. Education and Certification Increase
To encourage growth and promote a learning atmosphere in local government, a full-time
employee of Person County Government may be eligible to receive a 1.5% salary increase for an
advanced certification or a 2.5% salary increase for a higher-level education if certain criteria are
met.
Education is defined as graduation from a community college or university where an individual
may receive an associate, bachelor’s, graduate, doctorate or professional degree.
A certification is an official document acknowledging that an individual has successfully passed a
professional class or training that has provided them with knowledge, experience and skills to
perform certain job tasks. Most certifications that pertain to this policy will include an individual
attending training for a considerable number of hours and/or passing an exam in order to receive
the certification.
Requests for certification or education approvals should be made before the fiscal year in which
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the certificate or diploma is attained to ensure accurate budgeting for the associated salary
increase.
The following criteria will be applied when an employee has requested an increase for additional
education or certification:
• The certification or accreditation will be earned in their professional field furthering their ability
to perform the duties and responsibilities of their position. Approval from the Department
Head, Human Resources Director and County Manager may also be made for an employee
who is seeking a higher level of education to pursue a promotion within County services.
• An education or certification increase will only be awarded during the fiscal year in which it
was obtained.
• The County will pay for one certification school and up to two attempts at an exam for a single
certification level. Exceptions may be made if deemed appropriate by the County Manager.
• College courses will usually be taken outside of regular work hours. Courses during work hours
are typically not permitted but may be considered by the County Manager on a case by case
basis if work time can be made-up with minor schedule adjustments. Employees will not be
paid for time spent in classes. Employees may be reimbursed for tuition, fees, laboratory fees,
and student fees up to a certain amount as outlined in the Personnel Policy, Article VI.
Employee Benefits, Section 10.
• Pay increases for certifications should be submitted in a timely manner. The effective date of
the pay increase will be consistent with the next full pay period. There may be instances where
the delay is from a third party and no fault of the employee or supervisor. Certification
increases are not intended to be re-applied for position status change that includes but is
not limited to promotions, transfers, reclassifications, or demotions. No increases will be
awarded retroactively for certifications obtained prior to the adoption of this policy.
• Re-certifications will not be eligible for an increase, but the County may pay for the renewal
of the required certification.
• If the certification has been suspended, lapsed or is no longer being utilized, the pay
incentive may be removed.
• If the employee has an active performance improvement plan due to not meeting work
standards, they will not be approved for a certification increase until the employee has
successfully resolved performance issues. The increase will not be retroactive but may be
effective the first day the employee has successfully completed the performance
improvement plan.
• The employee may not receive more than two education or certification increases per fiscal
year.
• A salary increase will not typically be awarded if the certification is included as a
requirement on the job description or formal acceptance letter of employment. Special
circumstances may be considered if deemed appropriate by the County Manager and
Human Resources Director.
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Section 7. Pay Range Increases
Upward movement within the established salary range for an employee is not automatic but rather
based upon specific criteria. Procedures for determining performance levels and performance
pay increases shall be established in procedures approved by the County Manager.
Section 8. Performance Review and Development System (separate policy)
The purpose is to establish and maintain a performance review and development system that
contributes to the organization achieving its mission and goals and focuses on continuous
performance improvement and recognition for all employees of the County. Reviews will
encompass one year and be conducted on or before the anniversary date of the employee’s initial
hire or rehire. Pay for performance or merit may vary or be funded at the discretion of the Board
of Commissioners. Grant funded positions may receive merit only if funds are available from the
grant program.
Section 9. Salary Effect of Promotions, Demotions, Transfers, and Reclassifications
Promotions. When an employee is promoted, as a result of a job change or job progression, to
a higher pay grade position, the salary placement within the new pay grade shall be determined
along with the above criteria as follows: apply a 5% increase to the previous salary for promotions
of one pay grade, and an additional 2.5% for each additional pay grade up to a maximum of 15%.
The resulting pay will be no less than the minimum of the new pay grade and no less than a 5%
salary increase, but not more than the maximum salary of the assigned pay grade. Any increase
of more than 5% requires documentation by the department or agency and a supporting
recommendation from the Human Resources Director. The County Manager will review the
documentation for approval. The effective date of the pay increase will be consistent with the next
full pay period.
The amount of the salary adjustment should also include consideration for the following:
a) the employee’s related education, training, and experience;
b) the nature and magnitude of the change in jobs;
c) budget availability;
d) consistency with similar situations in the past;
e) internal equity within the work unit; and
f) other relevant issues.
Employee (Employees subject to the State Human Resources Act are exempt) will serve a nine-
month probationary period.
There may be times when the uniqueness of an individual job and level or necessary skills
required by the County, and not just possessed by the incumbent, may require a higher salary
schedule placement than stipulated in this section. Under such circumstances, the County
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Manager may approve a higher salary placement within the assigned pay grade.
Cost of living (or market adjustment), and other in-range increases cannot take the place of a
promotional increase. The position of the employee’s adjusted salary within the new salary range
shall not exceed the position of the employee’s salary in the current range.
Demotion or Voluntary Reassignment. Demotion or reassignment is a change in status
resulting from an assignment to a position in a lower salary grade. If the change results from a
disciplinary action, the action is considered a demotion. If the change results from a mutual
agreement between the employee and employer, the action is considered a voluntary
reassignment.
The adjusted salary of the employee shall be within the range of the lower classification based on
salary grade with consideration of internal equity, decreased workload and responsibility level.
Lateral Transfers. A lateral transfer occurs when an employee is transferred from one job class
to another in the same pay grade. The salary will remain the same and employee must possess
the minimum qualifications for the new position.
Reclassifications. When a job has been reclassified to a higher pay grade, the employee’s
salary shall increase at least 5% but not exceed the maximum salary of the new pay grade.
If the reclassification results in an upgrade of one pay grade, the employee’s pay will be moved
upward by 5%. An upgrade of two or more pay grades will increase the employee’s pay by an
additional 2.5% for each additional pay grade, up to a maximum of 15%. Any increase of more
than 5% would require documentation by the department or agency and a supporting
recommendation from Human Resources Director. The County Manager will review the
documentation for approval.
For general reclassifications completed as a result of an internal or external compensation study,
or as a result of a normal budget process review, a pay increase for an employee who has been
in their position since on or before the first day of the fiscal year, will have an effective date of the
first day of the fiscal year, or the effective date of implementation as approved by the Board of
Commissioners.
Otherwise, for an individual reclassification, done outside the normal budget cycle, the effective
date of the pay increase will be consistent with the next full pay period.
Reclassification or changes in pay grade, whether resulting from an internal or external
compensation study or individual change in pay grade, shall not be retroactive with respect to
calculating the new salary.
When a job has been reclassified to a lower pay grade, the affected employee(s) shall have their
pay grade adjusted accordingly. The effective date will be the day following approval and the
change will be reflected in the next full pay period. If, after the pay grade adjustment, the
employee(s) salary is greater than the maximum salary of the new pay range, the employee will
continue to be paid at the higher rate of pay, the salary would be “frozen” and the employee is
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typically ineligible for any pay adjustment until the range “catches up” with the salary and allows
for movement.
Section 10. Salary Effect of Salary Range Revisions
When a class of positions is assigned to a higher salary range as a result of labor market
conditions (outside of a total County pay study), employees will be placed at minimum of pay grade
and equity of old grade will be considered during the reclassification. An implementation process
will be recommended by the Human Resources Director and approved by the County Manager.
Budgetary funding will also be considered. When a class of positions is assigned to a lower salary
range, the salaries of employees in that class will remain unchanged. If this assignment to a lower
salary range results in an employee being paid at a rate above the maximum established for the
new class, the salary of that employee shall be maintained at that level until such time as the
employee's salary range is increased above the employee's current salary.
Section 11. Temporary or Permanent Additional Job Duties Assigned
At times, employees may be temporarily assigned job duties that are outside of their normal job
requirements. Consideration for extra pay will be given if the employee’s assignment of extra
duties is from a higher-grade classification.
Permanent additional job duties that are assigned will result in a re-evaluation of the position to
determine if the position should be assigned a higher-grade classification.
For temporary and permanent additional job duties, department heads should submit
documentation to the Human Resources Director. The Human Resources Director will review
and make a recommendation to the County Manager.
Section 12. Transition to a New Salary Plan
The following principles shall govern the transition to a new salary plan:
a) No employee shall receive a salary reduction as a result of the transition to a new salary plan.
b) All employees being paid at a rate lower than the minimum rate established for their respective
classes shall have their salaries raised to the new minimum for their classes. A trainee, or
employee in a “Work Against” status will remain in their same relative pay status in the new salary
grade assigned.
c) All employees being paid at a rate above the minimum and below the maximum are considered
as being paid at a competitive rate for the job class and may receive any approved salary plan
implementation increases as authorized by the Board of Commissioners
d) All employees being paid at a rate above the maximum rate established for their respective
classes shall be maintained at that salary level with no increase in base pay until such time as
the employees' salary range is increased above the employees' current salary. This means no
performance/merit pay increases or market adjustment/cost of living increases or any other
increases to the base pay of the employee until the employee is within the appropriate salary
range.
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Section 13. Effective Date for Pay Changes
The effective date of the pay changes will be consistent with the next full pay period.
Section 14. Pay for “Acting” or Temporary Assignments in a Higher-Level Classification
(Interim duties)
“Acting” or temporary assignment(s) occurs when the County recognizes a critical job assignment
need that must be met and cannot be met through the normal recruitment process. This can occur
when an unexpected vacancy occurs; when a mission critical job cannot be filled in a timely
fashion; or when a mission objective changes abruptly and requires an immediate action.
Temporary or “acting” assignment(s) would be anticipated to last more than 30 days, but less than
6 months. A temporary or “acting” assignment is to fill a vacancy and not to assume the duties of
another employee who is on approved leave, i.e. vacation, holiday, medical, or other short-term
absence(s).
If the position assigned is lower in pay grade (or substantially equivalent pay range) this would
not result in a lower salary for the assigned employee even if the employee’s salary exceeded the
maximum of the new pay range.
If the position extends beyond 30 days, but less than 6 months, there should be a 5% “temporary
assignment” pay adjustment for the first pay grade and 2.5% for each additional pay grade to a
maximum of 15% or the minimum of the grade, whichever is higher. The employee’s salary shall
not exceed the maximum of the assigned range. Internal equity and expectation of fulfilling the
job requirements will be taken into consideration when establishing the temporary assignment
pay. Employees receiving temporary assignment pay shall sign an agreement acknowledging the
understanding that they are receiving “Temporary Assignment Pay” and also acknowledging that
when the temporary assignment ends, the “assignment pay” will also end.
Section 15. Overtime Pay Provisions
Employees of the County can be requested and may be required to work overtime hours as
necessitated by the needs of the County and determined by the supervisor. All overtime work
must be authorized in advance.
Supervisors shall attempt to arrange employee work and schedules so as to accomplish the
required work within the standard workweek and without incurring overtime.
To the extent required, the County will comply with the Fair Labor Standards Act (FLSA). The
County Manager/designee shall determine which jobs are "Non-Exempt" and are therefore
subject to the Act in areas such as hours of work and work periods, rates of overtime
compensation, and other provisions.
Non-Exempt Employees: Non-exempt employees will be paid at a straight time rate for hours up
to the FLSA established limit for their position (usually 40 hours in a 7-day period or alternative
FLSA approved full time schedule). Employees in law enforcement job classes may earn overtime
based on a 28-day time period. Hours worked beyond the FLSA established limit will be
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compensated in compensatory time or overtime pay at the appropriate overtime rate. In determining
eligibility for overtime in a work period, only hours actually worked shall be considered; in no event
will vacation, sick leave, or holidays be included in the computation of hours worked for FLSA
purposes.
Whenever practicable, departments will schedule time off on an hour-for-hour basis within the
applicable work period for non-exempt employees, instead of paying overtime. When time off within
the work period cannot be granted, overtime worked will be given in the form of compensatory time
off or paid in accordance with the FLSA and this policy. The County retains the right to determine
whether to compensate overtime as pay or as compensatory time off.
In the event the Governor declares a state of emergency where employees would be required to work
long and continuous hours, the County Manager may approve compensation at a rate up to double
time for those hours worked and/or grant time off with pay for rest and recuperation to ensure safe
working conditions.
Exempt employees: Employees in positions determined to be "exempt" from the FLSA (for
example, as Executive, Administrative, or Professional staff) will not receive pay for hours worked in
excess of their normal work periods. These employees may be granted compensatory leave by
their supervisor where the convenience of the department allows and in accordance with
procedures established by the County Manager. Such compensatory time is not guaranteed to be
taken and ends without compensation upon separation from the organization.
Exempt Employees: Employees in positions determined to be exempt according to FLSA may be
eligible to earn compensatory time under this policy.
Time worked in excess of the established work hours for the department will be recorded as
compensatory time on a straight time or hour-for-hour basis. However, arriving to work up to 30
minutes early or working up to 30 minutes late does not qualify as compensatory time. To be eligible
for compensatory time, there must be a demonstrated business necessity that requires working
beyond the normal schedule.
Compensatory hours earned must be used within the month they are accrued or within the following
two months. Any unused hours after this period will be void. Additionally, employees may accrue a
maximum of 100 compensatory hours within any three-month period; hours exceeding this limit will
also be void.
Compensatory time off must be scheduled in advance and approved accordingly. These hours cannot
be “banked” to gain additional leave benefits, and they will not be paid out upon termination of
employment.
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.
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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.
Section 16. On-Call and Call-Back Compensation
The County provides continuous twenty-four hours a day, seven days a week service to its
citizens. Therefore, it is necessary for certain employees to respond to any reasonable request for
duty at any hour of the day or night. One of the conditions of employment with the County is the
acceptance of a share of the responsibility for continuous service in accordance with the nature
of each job. If an employee fails to respond to reasonable calls, either special or routine, the
employee may be subject to disciplinary action up to and including dismissal by the Appointing or
Hiring Authority. Therefore, the County provides compensation for employees who are required
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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 Department 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 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
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work completed.
Section 17. Payroll Schedule and Deductions
The payroll schedule shall be established by the County Manager and shall be administered by the
Finance Department. Each employee is responsible for entering their own time in the County’s time
keeping system based on the payroll schedule. Deductions shall be made from each employee's
salary, as required by law. Additional deductions may be made upon the request of the employee
on determination by the County Manager as to capability of payroll equipment and appropriateness
of the deduction.
Section 18. Hourly Rate of Pay for Full-time, Part- time and Temporary Employees and
for Work Weeks with Varying Hours
Employees working in a Part-time or temporary capacity with the same duties as Full-time
employees will work at a rate in the same salary range as the Full-time employees. The hourly rate
for employees working other than 40 hours per week, such as employees working 37.5 hours
per week and law enforcement officers working an average 42 hours per week, will be determined by
dividing the average number of hours scheduled per year into the annual salary established for the
position.
Section 19. Longevity Pay
Full-time and eligible part-time employees 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 and eligible part-time employees must be in active status as of November 1 of
the applicable year in order to receive longevity pay. Eligible part-time employees must
have worked at least 850 hours from November 1st of the previous year to
October 31st of the applicable year. Grant-funded positions may receive longevity pay, if
funds are available from the grant program.
Longevity amounts shall be as follows:
Years of Service Percentage of Annual Salary
1 year, but less than 5 years .50%
5 years, but less than 10 years 1%
10 years, but less than 15 years 2%
15 years, but less than 20 years 3.25%
20 years, but less than 25 years 4.5%
25 year or more 5.75%
Longevity pay will be issued on the first regular pay period closest to the Thanksgiving Holiday or as
designated by the County Manager. The longevity pay benefit is a form of current compensation
that may be changed or eliminated at any time at the sole discretion of the Board of Commissioners.
The funding will be allocated on an annual basis during the budget adoption process.
Section 20. Overnight Supervision Incentive (DSS)
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The County will provide a DSS overnight supervision shift incentive for 1st, 2nd and 3rd shifts as well
as holidays and weekends.
Shift Weekday Weekend
1st $25 $50
2nd $50 $75
3rd $75 $100
Weekday shifts (Monday-Friday) are 7:00 a.m-8:30 a.m., 5:00 p.m. -11:00 p.m. and 11:00 p.m.-7:00
a.m. Weekend shifts are 7:00 a.m.-3:00 p.m., 3:00 p.m.-11:00 p.m. and 11:00 p.m.-7:00 a.m. If the
shift occurs on a County holiday, an additional $50 would be added to each shift covered by an
employee.
This additional incentive will not replace the employee’s ability to be paid for overnight supervision or
to earn compensatory time off if they are in overtime status.
Section 21. Providing Urgent Maternal Protection Act (PUMP Act)
Under the Fair Labor Standards Act, employees must be allowed the right to take reasonable break
time to express breast milk for their nursing child each time such employee has need to express the
milk. This right is available for up to one year after the child’s birth.
Covered employees must be provided with a place, other than a bathroom, that is shielded from view
and free from intrusion from coworkers and the public. This location must be functional as a space for
expressing break milk.
Under the FLSA, when an employee is using break time at work to express breast milk they either:
• must be completely relieved of duty; or
• must be paid for the break time.
Employees should inform their supervisor when they need to use this policy, so accommodations can
be arranged for a reasonable break time. Supervisors should clearly understand whether the
employee will be working during this break or will be completely relieved of duties to ensure accurate
pay for the employee.
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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,, qualified
disability, marital status, age, genetic information (including family medical history), political affiliation,
sexual orientation, status as parent, labor organization affiliation or non-affiliation, or any other non-
merit-based factor. 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, qualified disability, marital status, age, genetic information (including family
medical history), political affiliation, sexual orientation, status as parent, labor organization affiliation
or non-affiliation, or any other non-merit-based factor. Notices with regard to equal employment
matters will be posted in conspicuous places on County premises in places where notices are
customarily posted.
Section 3. Recruitment, Selection and Appointment
Recruitment Sources. When position vacancies occur, the Human Resources Director shall
publicize these opportunities for employment, including applicable salary information and
employment qualifications. Information on job openings and hiring practices will be published in local
and/or other news media as necessary to inform the community and create a quality and diverse
pool of applicants. In addition, notice of vacancies shall be posted at designated conspicuous sites
within departments. Individuals shall be recruited from a geographic area as wide as necessary and
for a period of time sufficient to ensure that well-qualified applicants are obtained for County service.
In rare situations because of emergency conditions, high turnover, or other generally unavoidable
circumstances, the County, upon approval of the County Manager, may hire or promote without
advertising jobs. When hiring under these circumstances, however, the County shall continue to adhere
to the merit principles established in this Personnel Policy.
Job Advertisements. Employment advertisements shall contain assurances of equal employment
opportunity and shall comply with Federal and State statutes. Each applicant is notified of E-Verify
participation.
Application for Employment. All persons expressing interest in employment with the County shall
be given the opportunity to file an application for employment for positions which are currently
being recruited.
Selection. Department heads, with the assistance of the Human Resources Director, shall make
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such investigations and conduct such examinations as necessary to assess accurately the
knowledge, skills, and experience qualifications required for the position. All selection devices
administered by the County shall be valid measures of job performance. Final candidates for
positions may be subject to a criminal background check, and if the position requires, a pre-
employment drug test. Pre-employment job function/fitness tests are required for some positions.
References and Background Investigations. After a contingent offer is made to the applicant, Human
Resources staff will conduct background checks on all applicants. All applicants are subject to a drug
screen, reference and criminal history checks. Some positions may require driving record check and
job function testing. Before formal offers of employment are made, consideration will be given to all the
information received during the background process.
An applicant or employee will be given notice that they have been potentially excluded from employment
due to a criminal conviction and will be given the opportunity to provide additional relevant information
as to why they should not be excluded from employment. Any information provided will be considered
by the County in making employment decisions, by evaluating the individual fitness for the job, in
conjunction with the essential functions of the position and the job conditions of the position in question.
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
Department 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.
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A promoted or transferred employee who does not successfully complete the probationary period in
the employee’s new position may be transferred or demoted to a position in which the employee
shows promise of success. If no such position is available, the employee shall be dismissed.
Promoted or transferred employees shall retain all other rights and benefits such as the right to use
the grievance procedures, provided the employee has completed the minimum probationary
period for their initial position (typically 9-12 months).
Section 5. Promotion
Promotion is the movement of an employee from one position to a vacant position in a class
assigned to a higher salary range. It is the County's policy to create career opportunities for its
employees whenever possible. Therefore, when a current employee applying for a vacant position
is best suited of all applicants, that applicant shall be promoted to that position. The County will
balance three goals in the employment process:
a) the benefits to employees and the organization of promotion from within;
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
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who are transferred to a different department will serve a nine-month probationary period.
Section 8. Reasonable Accommodation
The County is committed to complying with the Americans Disability Act (ADA), Pregnancy
Discrimination Act, the Americans with Disabilities Amendment Act (ADAA), and applicable State
laws, and maintains equal opportunity in employment for all qualified persons with disabilities and
those who are pregnant. 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. While many pregnant individuals and individuals with disabilities
can work without accommodations, other qualified applicants and employees face barriers to
employment without the accommodation process.
This policy is to assist employees and applicants for employment in requesting and processing
reasonable accommodation requests. This policy also prohibits retaliation against employees.
The employee shall inform their supervisor and Human Resources Director or designee of the need
for an accommodation. Supervisors who have been notified by an employee of an accommodation
request should contact Human Resources for assistance
Reasonable Accommodation (Disability)
An employer is required to make a reasonable accommodation to the known disability of a qualified
applicant or employee if requested and if it would not impose an “undue hardship” on the operation
of the employer’s business. For the purposes of this policy, (i) a “qualified applicant or employee” is
synonymous with a “qualified individual,” as that term is used in the Americans with Disabilities Act,
and (ii) “undue hardship” has the same meaning as used in the Americans with Disabilities Act.
Reasonable accommodation for a disability may include, but is not limited to:
• Making existing facilities used by employees readily accessible to and usable by persons with
disabilities such as modifying existing office equipment for an employee in a wheelchair.
• Job restructuring, modifying work schedules, reassignment to a vacant position such as
allowing an employee with diabetes regularly scheduled breaks during the workday to eat
properly, monitor blood sugar and insulin levels, or allowing an employee with cancer leave
to have radiation or chemotherapy treatments.
• Acquiring or modifying equipment or devices, adjusting or modifying examinations, training
materials, or policies, and providing qualified readers or interpreters such as providing a deaf
applicant a sign language interpreter during the job interview or providing a blind employee
someone to read information posted on a bulletin board. Agencies may consider proposing
temporary accommodation(s) if the agreed upon accommodation cannot be provided
immediately.
Reasonable Accommodation (Pregnancy) – The Pregnant Workers Fairness Act
A covered employer is required to make a reasonable accommodation for known limitations related
to pregnancy, childbirth, or related medical conditions of a qualified applicant or employee if
requested and if it would not impose an “undue hardship” on the operation of the employer’s
business.
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Reasonable accommodations for these known pregnancy-related limitations may include:
• Redistributing marginal or nonessential functions (for example, occasional lifting) that a
pregnant worker cannot perform, or altering how a non-essential or marginal function is
performed.
• Redistributing an essential function of a job if:
o • any inability to perform an essential function is for a temporary period;
o • the essential function could be performed in the near future; and
o • the inability to perform the essential function can be reasonably accommodated.
• Modifying workplace policies, such as allowing a pregnant worker more frequent breaks or
allowing her to keep a water bottle at a workstation even though keeping drinks at
workstations is generally prohibited.
• Modifying a work schedule so that someone who experiences severe morning sickness can
arrive later than her usual start time and leave later to make up the time not eligible for FMLA
or other types of leave. Employers shall not require an employee to accept an
accommodation other than any reasonable accommodation arrived at through the interactive
process. Employers shall not require an employee to take leave, whether paid or unpaid, if
another reasonable accommodation can be provided. The employer shall not deny
employment opportunities to an applicant or employee if the denial is based on the need to
make reasonable accommodations to the known limitations related to pregnancy, childbirth,
or related medical conditions.
Applicants:
• The job applicant shall inform the hiring official or Human Resources Director/designee of the
need for an accommodation. Hiring officials who have been notified by an applicant of a need
for accommodation should contact Human Resources for assistance. The Human Resources
Director/designee will discuss the needed accommodation and possible alternatives with the
applicant.
• The County Manager and the Human Resources Director/designee will make a decision
regarding the request for accommodation and, if approved, take the necessary steps to see
that the accommodation in provided.
Time Frame for Processing Requests and Providing Reasonable Accommodations
Requests for a reasonable accommodation should be processed as soon as reasonably possible and
generally in no more than thirty (30) days from the date the request is made. Human Resources will
process requests and provide accommodations, where appropriate, in as short of a period as
possible. It is recommended that the employee work closely with their healthcare provider to
expedite their response. Human Resources may extend the deadline as necessary due to
unforeseen circumstances. Situations may warrant provision of a temporary or trial accommodation.
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. The employee shall inform their supervisor and Human Resources Director or designee
of the need for a religion accommodation. Supervisors who have been notified by an employee of
such accommodation request should contact Human Resources for assistance.
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ARTICLE V. CONDITIONS OF EMPLOYMENT
Section 1. 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.
Section 2. 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 3. 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.
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Section 4. Employees will be required to report any criminal charges filed against them or convictions
during employment to the Human Resources Director within three (3) business days of the charges or
conviction. An independent investigation may be conducted, the result of which may be used to support
disciplinary action, if appropriate. The County will consider all pending charges and criminal convictions
on a case-by-case basis, considering the nature of the offense, when the offense occurred, the number
of offenses, the nature of the job that the individual wants or holds, work history, rehabilitation efforts,
and any other individualized information which may be useful in making an employment decision. Upon
independent investigation, the County may make an employment decision based on the conduct, which
was the subject of the arrest, regardless of the outcome of the charge.
Section 5. 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 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 6. Ethical and Appearance Standards
The purpose of this policy is to outline expectations for workplace behavior among employees to
foster a respectful, collaborative, and productive work environment. Employees should present
themselves in a professional and respectful manner while performing County-related business.
Ethical Standards:
1. Respectful Communication:
o Treat all colleagues, clients, citizens, and stakeholders with respect and courtesy. Use
clear, professional language in all forms of communication, including emails,
meetings, and phone calls.
o Listen actively and avoid interrupting others. Encourage open dialogue and value
diverse perspectives.
2. Accountability and Responsibility:
o Take ownership of your work and responsibilities. Meet deadlines and follow through
on commitments.
o Acknowledge mistakes and learn from them. Seek solutions rather than placing
blame.
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3. Collaboration and Teamwork:
o Foster a spirit of cooperation and support among team members. Share knowledge,
resources, and assistance to help achieve common goals.
o Respect team dynamics and contribute positively to group discussions.
4. Conflict Resolution:
o Address conflicts constructively and professionally. Approach disagreements with an
open mind and seek to understand differing viewpoints.
o Seek resolution in a timely manner to avoid future disruptions in the workplace.
5. Confidentiality and Integrity:
o Respect the confidentiality of County information, client data, and employee matters.
Do not disclose sensitive information without proper authorization.
o Conduct yourself with honesty and integrity in all professional interactions.
6. Workplace Behavior:
o Maintain a positive attitude and contribute to a harmonious work environment. Avoid
gossip, negativity, or behaviors that disrupt team morale.
o Adhere to County policies, procedures, and standards in all work-related activities.
7. Cultural Respect:
o Understand that cultural differences exist and accept that each culture has its own
unique customs, values, and traditions.
o Avoid stereotypes or assumptions based on cultural backgrounds and instead
embrace diversity without prejudice.
o Ensure that people from all cultural backgrounds are treated fairly without favoritism or
discrimination.
o Create an environment where people from different cultures feel welcomed, valued,
and supported, both in the workplace and in broader social settings.
8. Reporting Misconduct:
o Encourage the reporting of unethical behavior and support an environment where
employees feel safe to do so.
Appearance Standards:
Employees are expected to maintain a neat and professional appearance at all times. Clothing
should be clean, free of winkles and in good condition. Personal hygiene should be attended to
including grooming, hair, and overall cleanliness. Perfumes and cologne or sprays should be applied
modestly for those that may have allergies or sensitivities to scent.
Employees working remotely should also adhere to the professional attire guidelines during virtual
meetings.
Employees who are scheduled to attend meetings or events are expected to dress in business
casual attire, unless otherwise approved by a supervisor or manager.
Business casual attire excludes:
• Distressed jeans (rips, tears, fraying, or heavy embellishments are too casual),
• Athletic wear (e.g., leggings, sweatpants, hoodies),
• Graphic t-shirts or clothing with slogans/images,
• Visible undergarments,
• Dresses or skirts shorter than 3 inches above the knees, and
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• Form-fitting pants or tights worn as pants without a long blouse or shirt no shorter than 3
inches above the knee.
To promote a relaxed and comfortable work environment at the end of the week, employees are
permitted to dress in casual attire on Fridays, while maintaining a neat, clean, and professional
appearance. Non-distressed jeans are allowed with appropriate t-shirts and tennis shoes.
Employees with external meetings or client interactions on Fridays may be required to adhere to
business casual dress.
Exceptions to this policy may be granted in specific cases, such as designated casual days or
approved fieldwork attire, with prior authorization.
Tattoos should be appropriate for the workplace. Visible tattoos that are offensive, discriminatory, or
vulgar are not permitted and should be covered unless specifically approved management.
Supervisors are responsible for addressing any violations of this policy. Repeated violations may
result in disciplinary action.
Individual departments may have an appropriate appearance policy that is job-specific to the
department such as, but not limited to, standard uniforms or professional shirts that identify the
County department. The departments that do not follow this appearance policy should provide
employees a written policy that outlines the expectations of appearance for their specific department.
This policy should be reviewed by the Human Resources Director. The individual department will be
responsible for providing the policy to current employees and new hires to promote transparency and
fairness among employees.
Employees reporting to work improperly dressed may be sent home by their supervisor to change
clothing and will be required to use compensatory time or annual leave.
Reasonable Accommodations may be consideration for employees who, because of a sincerely held
religious belief, cultural or medical reason, request an accommodation that would require an
exception to this policy. The request must be made in writing to the Department Head and the
Human Resources Director and approved by the County Manager.
Section 7. Attendance
Employees are expected to arrive to work and be ready to work based on their scheduled time.
Employees who cannot report to work as scheduled must notify their immediate supervisor (or
designee) as soon as possible, no later than 30 minutes prior to the employee’s regular start time
unless there is an emergency.
Excessive absences or tardiness and/or a pattern of absences or tardiness may result in disciplinary
action up to and including termination. This will be handled on an individual basis by the department
head and the Human Resources Director.
Section 8. 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
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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 9. 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 10. 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;
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 11. Fraternization
This policy applies to all employees regardless of position or tenure.
Fraternization refers to the romantic, dating or overly familiar personal relationship between:
• Supervisors and their subordinates
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• Employees within the same department
• Employees and clients, vendors, or third parties
This includes but is not limited to dating, romantic involvement, sexual relationships, and close
friendships that could impair impartiality.
Supervisors must not engage in romantic or sexual relationships with employees under their direct or
indirect supervision.
Employees involved in a consensual relationship with a co-worker must disclose the relationship to
the department head and the Human Resources Director if:
• One individual has supervisor or evaluative authority over the other.
• The relationship may lead to a real or perceived conflict of interest.
Upon disclosure, the Human Resources Director and department head may take such steps as:
• Reassigning duties or reporting lines
• Moving one party to a different department
No employee will suffer retaliation for disclosing a consensual relationship in good faith. Retaliation
will result in disciplinary action.
Employees who violate this policy may be subject to disciplinary action up to and including termination.
All disclosures will be treated with sensitivity and confidentiality. The department head and the Human
Resources Director will handle all matters discreetly and with respect to those involved.
Exceptions may be made by the County Manager based on the circumstance, providing there is not
a conflict of interest or risk to organizational integrity.
Section 12. Unlawful Harassment
Harassment on the basis of race, color, religion, gender, national origin, age, disability, or any other
class protected by any applicable law, constitutes discrimination. The County opposes harassment
by supervisors and co-workers in any form. Harassment is verbal or physical conduct that denigrates
or shows hostility or aversion toward an individual because of his or her race, color, religion, sex,
national origin, qualified disability, marital status, age, genetic information (including family medical
history), political affiliation, sexual orientation, status as parent, or labor organization affiliation or non-
affiliation, 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
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Manager, Human Resources Director, or any department head who will advise the Human
Resources Director of the complaint. The Human Resources Director will ensure 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 13. 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, may be 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
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 14. Performance Evaluation Assessment Program
Supervisors and/or Department Heads shall conduct performance evaluation assessment conferences
with each employee, finalize all materials, and submit the completed assessment no later than two
weeks after the employee’s on or around their anniversary date. These performance evaluations
assessments shall be documented in writing and placed in the employee's personnel file electronically
and saved on a platform that is accessible by the employee. The performance evaluation policy
assessment program policy is available in the HR office or on the County website on the Employee
Self Service/Munis platform.
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Section 15. Substance Abuse and Employee Assistance Program
Person County offers an Employee Assistance Program (EAP) for the benefit of full-time employees.
The EAP provides confidential assessment, referral and short-term counseling for employees who
request or are referred to the service. EAP visits are confidential to the fullest extent possible and
provided as a County benefit.
The County is firmly committed to maintaining a drug and alcohol-free work environment in order to
ensure the safety and welfare of the general public and all County employees and to ensure 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 16. Substance Abuse Policy
Person County has a responsibility to all employees to provide a safe working environment and a
responsibility to the public to ensure that safety and trust in the County is upheld. This policy has been
established to create a drug and alcohol-free workplace. Due to the magnitude of potential adverse
consequences with the use of controlled substances and alcohol, any violations of this policy will
subject the employee to disciplinary action, up to and including dismissal.
Some employees are also covered under other testing requirements such as the Federal Transit
Administration. Employees under such testing requirements will be tested according to the regulations
of the agency governing them but will also be subject to this policy as well, when Federal Testing
Regulations do not apply.
Person County employees shall not report to work, work, or operate County-owned, leased,
rented, or personal vehicles while on County business with any of the following conditions:
• A level of a controlled substance equal to or in excess of the prescribed cutoff levels. An
employee may be in use of a controlled substance by prescription if the prescribing
physician has provided evidence that the employee will be able to perform their specific
duties while under the physician’s care. Also prohibited is the use of a prescription
medication at levels exceeding those prescribed or using prescription medications not
prescribed for the individual employee.
• Under the influence of alcohol.
• Using, storing or possessing alcohol or any unprescribed controlled substance.
• Manufacturing, dispensing, selling, distributing, or providing alcohol or any controlled
substance.
Compliance with Law
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Records concerning any employee’s involvement with this policy shall be confidential and only
released in conformance with North Carolina law and/or Federal regulation, in particular with
relation to drug testing laws, public records, health care information, and employee privacy laws.
Information related to County required tests will not be provided to other employers or agencies
without the written permission of the individual employee.
Any drug or alcohol test should be treated as a “search and seizure” and as such, is to be
reasonable, conducted in a legal manner, and only as intrusive as necessary. Person County
reserves the right to conduct searches or inspections of property assigned to an employee
whenever a Department Head, or designee, determines that the search is reasonable pursuant to
this Policy. Nothing in this policy is intended to violate the First, Fourth and/or the
Fourteenth Amendment rights of Person County Employees.
Definitions
Alcohol test- a test for the presence of alcohol in the body as determined through the use of an
acceptable test pursuant to then-current law.
Confirmation test for alcohol-a second test, following a screening test with a result of 0.02 or
greater that provides quantitative data of alcohol concentration.
Confirmation test for controlled substances- a second analytical procedure to identify the
presence of a specific drug or metabolite that is independent of the screen test and that uses a
different technique and chemical principle from that of the screen test in order to ensure reliability
and accuracy. Unless specifications change, gas chromatography/mass spectrometry (GC/MS)
or liquid chromatography/mass spectrometry (LC/MS) are the preferred confirmation method.
Conviction- a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or
both, by any judicial body charged with the responsibility to determine violations of federal or state
criminal drug statutes.
Controlled Substance-a controlled substance as listed as such in the Controlled Substances Act
(21 USC 812) or Chapter 90, Section 87(5) of the North Carolina Controlled Substance Act, or a
metabolite thereof. The terms “drug” and “illegal drug”, as referenced herein, are included in the
definition of Controlled Substance, and should be read as such unless otherwise noted.
Drug test and/or drug screening- a test, including the necessary specimen to be provided by
the tested employee/applicant, for the presence of any of the following drugs or drug metabolites
in the sample:
a. amphetamines
b. barbiturates
c. benzodiazepines
d. cannabinoids
e. cocaine
f. methadone
g. opioids (heroin, morphine, codeine, hydrocodone, hydromorphone,
oxycodone, and oxymorphone)
h. phencyclidine
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i. propoxyphene
Person County reserves the right to expand the testing panel by written notification to employees.
Please Note: Use of CBD products may cause a positive result on a drug test, and the results will
be treated as a positive drug test. All employees should use discretion when taking CBD products.
Use of CBD products will not be considered grounds for appealing a positive drug screen decision.
Medical Review Officer (MRO)- a licensed physician with specific training in the area of
substance abuse. The Medical Review Officer not only has knowledge of substance-abuse
disorders, but also has been trained to interpret and evaluate laboratory test results in conjunction
with an employee’s medical history.
Negative (alcohol test)- a test that indicates an alcohol concentration of less than 0.02.
Negative (drug test)-a test result that does not show the presence of drugs or controlled
substances at a level specified to be a positive test pursuant to regulation.
Positive (alcohol test) - a test that indicates the confirmed presence of alcohol in an employee’s
system at the 0.04 level or greater.
Positive (drug test)-a test result showing the presence of drugs or controlled substances at a level
specified to be a positive test pursuant to regulation.
Reasonable suspicion-reason to believe, as determined by an employee’s Supervisor,
Department Head, or other County Management member, that the employee’s behavior,
appearance, actions, speech, or body odors may be the result of use of alcohol or drugs in violation
of this Policy. The well-founded belief should be based on specific contemporaneous, articulable,
direct observations, and/or reliable information concerning employee’s probable drug or alcohol
use. Reliable information is defined as information that is dependable and trustworthy, meaning it
is accurate, free from bias, and comes from a reputable source. By way of example and not
limitation, any one or a combination of the following may constitute reasonable suspicion:
a. Slurred speech
b. Odor of drugs or alcohol about the person
c. Inability to walk a straight line
d. An accident resulting in damage to property or personal injury
e. Physical altercation
f. Verbal altercation
g. Behavior (i.e., confusion, disorientation, lack of coordination, marked personality
changes, irrational behavior) that is so unusual that it warrants summoning a
Supervisor or anyone else in authority
h. Possession of drugs
i. Arrests, citations, and deferred prosecutions associated with drugs or alcohol
Refuse to submit- The employee fails to report for a test, refuses to provide a sample, purposely
provides an insufficient sample, refuses to sign the confirmation test certification, or otherwise
engages in conduct that clearly obstructs the testing process. An employee who fails to report for
a test within the specified time given, who leaves a testing site before a test can be administered,
or who unnecessarily leaves the scene of an accident before a required test is administered or
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fails to remain readily available for testing may be deemed to have refused to submit to testing.
An employee’s refusal to consent to testing as authorized under this policy may result in discipline
up to and including immediate termination.
Safety-sensitive position- a position where Person County has a compelling need, on the basis
of safety concerns, to ascertain on-the-job impairment on the part of the employees in those roles.
Such a compelling need arises when the duties of a position create, or are accompanied by, such
a great risk of injury to persons or magnitudinal damage to property that even a momentary lapse
of attention, judgment, or dexterity could have disastrous consequences. Person County
maintains a list of positions that are considered safety-sensitive. A copy of the list of safety-
sensitive positions is available upon request from Human Resources.
Substance Abuse Professional- a licensed physician (medical doctor or doctor of osteopathy),
or a licensed or certified psychologist, social worker, employee assistance professional, or
addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of
both drug- and alcohol-related disorders.
Unannounced follow-up testing- testing conducted on an employee for a periodic, unannounced
basis, following their return to work from an approved drug or alcohol rehabilitation program.
Drug and Alcohol Testing
All final candidates for employment will be subject to pre-employment drug testing.
All employees (full time; part time; temporary) of Person County are subject to the following types
of tests:
• Reasonable Suspicion
• Post-Accident
• Return to Duty
• Follow Up
Only employees in safety-sensitive positions will be subject to the following type of tests:
• Random
ADA Compliance
If an applicant or employee is unable, due to medical reasons, to produce a specimen of urine
for drug testing, Person County will grant accommodation to said individual and allow for other
types of testing to be completed for safety-sensitive positions. Any other type of legally accepted
testing specimen can be used.
Applicants for employment in positions not declared safety-sensitive can forgo the drug test by
providing written documentation from their treating physician indicating candidate’s inability to
complete testing.
Substance Testing Information
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Alcohol Tests: Alcohol tests will be conducted from a saliva, breath, blood specimen, or other
legally acceptable testing procedure. An alcohol concentration of 0.04 or higher is considered a
positive alcohol test. An alcohol concentration of 0.02 or greater requires a confirmation test.
Confirmation test are completed no sooner than 15 minutes, and ideally no later than 20 minutes
after the initial screening test. If the screening and confirmation tests are not the same, the
confirmation test is deemed to be the final result. If the test reading is between 0.02 and 0.039,
the employee must be removed from the work place for a 24-hour period but will not be deemed
to have a “positive test” pursuant to this Policy.
Drug Tests: All drug tests require an employee to provide a specimen of urine or other legally
acceptable testing specimen for analysis, either on-site or at an approved medical
facility/laboratory. The collection, analysis and reporting processes are strictly controlled to ensure
privacy, sanitation, accuracy and confidentiality. Every specimen undergoes an initial screen
followed by a confirmation test for all positive screen results. Any confirmed positive test result is
reviewed using the same specimen. The MRO will contact the employee to ensure no factors exist
that may have influenced the outcome of the testing process prior to transmission of the results to
the County. The MRO is responsible for confirming test results. Test results will be provided to
the Human Resource Director, or designee, and test results will be revealed only to those persons
authorized as having an established need for the information.
Diluted Test Results:
• When the County is notified by the MRO that a positive drug test is diluted, the test will be
treated as a verified positive test.
• When the County is notified by the MRO of a negative diluted test with creatine level
between 5mg/dl and 20 mg/dl, the test must be completed again. If the results are the
same, then the County will accept the negative result and no retest is necessary.
• If a County employee or applicant receives a negative diluted test result with a creatinine
concentration greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL, the
employee must provide another specimen for testing as this qualifies as intentionally
diluted. The MRO will direct the County to do a second collection immediately. This must
be an OBSERVED collection. The employee or applicant will be directed to report for re-
testing immediately. The result of the second collection will be the test result of record. If
the second collection is also negative and diluted, unless directed by the MRO to perform
another observed collection, the test result will stand as negative diluted.
The employee will be notified in writing of a confirmed positive test result.
Pre-Employment Testing (All Positions)
After an offer of employment has been made, the Human Resources Director, or designee, will
direct the applicant to the drug testing collection site for completion of a test for drugs. The
applicant should take the test within three business days of being told to do so. Any finalist who
delays or refuses to provide a sample for testing shall not be further considered for employment.
The County should receive the test results before the applicant is hired. An applicant who provides
a positive drug sample shall not be considered for employment for a two-year period of time. An
applicant who provides a positive drug sample shall be notified of their rights to retest the sample,
pursuant to North Carolina law, and receive notification of the test result.
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Reasonable Suspicion Testing (All Employees)
Reasonable suspicion testing is performed when direct supervisors, department heads, or County
officials (management members) have reasonable suspicion to believe that an employee’s
behavior or appearance may indicate the use of alcohol or controlled substances. In conjunction
with the definition in this policy, the determination to test for reasonable suspicion should be based
on the Guidelines for determining Reasonable Suspicion listed below.
Guidelines for Determining “Reasonable Suspicion”
“Reasonable suspicion” is defined as the belief, based on the totality of the circumstances that
observations made regarding the employee could be caused by abuse of drugs or alcohol in
violation of the County’s policy. This belief will be based upon specific and objective facts and
reasonable inferences.
Alone, the factors below may not be indicative of drug or alcohol use that violates this Policy;
however, with strong individual evidence or in combination of several factors, the following may
be considered in determining the presence of reasonable suspicion:
1. Direct observation of drug/alcohol use and/or the physical symptoms or manifestations of
being under the influence of a drug or alcohol (e.g., slurred speech, odor of drug/alcohol
on body or breath, incoherence, loss of coordination, etc.) while at work.
2. Abnormal conduct or erratic behavior while at work, such as, deterioration in work
performance, or participation in physical or verbal altercation, under suspicious conditions
(as in 1, above).
3. Information from a reliable and credible source or evidence of recent abuse or misuse of
alcohol or drugs, whether on or off the job, that an employee was or may be impaired in
the performance of job duties. Attempts should be made to independently corroborate this
information. (Law Enforcement should be contacted in these circumstances, to determine
whether there are state or federal legal implications.)
4. Evidence that an employee has tampered with any alcohol or drug test or has attempted
to compromise the test sample or testing process. (Evidence of tampering with or
attempting to compromise the test will be considered a positive test and will be grounds for
termination.)
Supervisors should be alert to an employee’s conduct and job performance based on the
Supervisor’s knowledge of the employee. In combination with observations of
current/contemporaneous conditions, the following may alert the Supervisor to be watching for
signs of substance abuse:
• A prior history of confirmed substance abuse by the employee during a period of County
employment, such as recent convictions of driving while impaired. (Prior history shall not
be considered sufficient on its own to constitute reasonable suspicion or present violation
of the County’s policies.)
• A pattern of excessive absenteeism, tardiness, or deterioration in work performance.
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• A pattern of unexplained and unusual vehicle or personal accidents or injuries on or off the
job.
Employees must report any observations to the supervisor, or designee, as soon as possible.
Delay of reporting such observations could result in action up to and including termination.
General Procedure
Management Members have the right and responsibility to require an employee to submit to
controlled substances or alcohol testing when reasonable suspicion is present, and may condition
continued employment on passing of such a test.
Reasonable suspicion alcohol testing should occur within two (2) hours of the observed behavior
or appearance. If a test cannot be conducted within eight (8) hours, it should not be done. A
reasonable suspicion substance test should occur no later than 32 hours from the observed
behavior or appearance. If a reasonable suspicion test cannot be conducted within the specified
time frame, the reasons for the failure to test should be documented by the Supervisor and given
to the Human Resources Director.
Under this section, any employee in question who delays or refuses to provide either sample will
be subject to a non-disciplinary suspension without pay for a period not to exceed seven (7)
business days from the date of delay or refusal. During the suspension, the County Manager shall
make the determination whether the delay or refusal warrants additional disciplinary action up to
termination. The employee in question shall provide a written and signed statement explaining
reasons for delaying or refusing to provide either sample.
1. Upon reasonable suspicion that an employee is in violation of the Substance Use Policy, the
Supervisor, Department Head, or County Official will speak with the employee about displayed
behavior(s) and advise the employee that they do not appear to be “ready for duty”. Do not accuse
the employee of controlled substances abuse or alcohol misuse. Instead, simply inform the
employee of the behaviors of concern and that a reasonable suspicion drug test is necessary. It is
advisable to have a “third party” (Human Resources Director, Human Resources and Risk
Manager, or Department Head,) as a witness to the conference. Utilize behavioral indicators which
are consistent with what the witness sees the employee do, hears the employee say, or any
changes in the employee’s appearance or body odor. Personnel should feel free to seek guidance
from the Human Resources Director and the EAP.
2. The Management Member, or designee, involved will transport the employee to the collection
site to have the appropriate testing completed.
3. The Management Member, or designee, will assist in planning to have someone else drive the
employee home following the testing. A tested employee should not be allowed to drive. If the
employee refuses to allow someone else to drive, explain that the proper authorities will be notified.
4. The Management Member, or designee, should document the incident. The documentation
shall be done immediately and no later than 24 hours after the events. Include date, time, specific
behaviors observed, and action taken. Forward this documentation to the Human Resources
Director for the record.
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5. The third-party administrator, through the Medical Review Officer, will contact the Human
Resources Director to provide the test results. While the County is awaiting test results, the
employee will be placed on non-disciplinary suspension without pay.
6. If the test results are positive, the Human Resources Director will contact the Department Head
and County Manager to share the results and initiate disciplinary action.
If a positive alcohol sample is provided under this section, the employee shall be immediately
transported, by the County, to their primary residence and may be subject to a non-disciplinary
suspension without pay for a period not to exceed seven (7) business days from the date of the
positive sample. During the suspension, the County Manager shall make the determination
whether the positive alcohol sample warrants disciplinary action up to termination, or any other
type of accommodation.
7. If the test results are negative, the Human Resources Director will document the test results
and immediately contact the Department Head who will notify the employee to return to work
immediately. Upon employees return to work following non-disciplinary suspension, pay will be
reinstated at that time.
The successful completion of a controlled substance and alcohol test does not bar any other
disciplinary or administrative actions deemed appropriate by the Supervisor or Department Head
in relation to the incident.
The Human Resources Director will compile and maintain all required records.
Post- Accident Testing (All Employees)
Post-accident testing should be conducted following an accident or unsafe practice involving an
employee in which any of the following apply:
• There is a basis, based on the elements of reasonable suspicion, that alcohol or
drugs may have been a contributing factor to the accident; or
• The accident causes a fatality or bodily injury to any individual requiring medical
treatment away from the scene: or
• The employee receives a citation under state or local law for a moving traffic violation
arising from the accident; or the employee is deemed at fault for the roadway
accident.
If an alcohol and/or controlled substance test is administered by law enforcement, Person County
will not duplicate testing.
Post-accident alcohol testing should be completed within two (2) hours of the accident. If the test
cannot be performed within eight (8) hours, it should not be done. Post-accident substance testing
must be performed within 32 hours of the accident, or it should not be done. If the tests cannot be
performed in the specified time frame, the reasons for the failure to test should be documented by
the Supervisor and given to the Human Resources Director.
As soon as practical after an accident, the employee will be driven to the specimen collection
location. Transportation will be provided. An employee, who is required to submit to post-accident
substances or alcohol testing will be subject to a non-disciplinary leave. Pay will be dependent on
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the test results
An employee who refuses to be tested or avoids meeting the specified time limits will be subject
to dismissal. If unable to meet specified timelines due to circumstances beyond the employee’s
control, such circumstances must be documented and validated to the Human Resources Director
and the County Manager.
Safety-Sensitive
Safety-sensitive position is a position where Person County has a compelling need, on the basis
of safety concerns, to ascertain on-the-job impairment on the part of employees in those roles.
Such a compelling need arises when the duties of a position create, or are accompanied by, such
a great risk of injury to persons or magnitudinal damage to property that even a momentary lapse
of attention, judgment, or dexterity could have disastrous consequences. Criteria for these
positions include:
a. Positions (full time; part time; temporary; or contract) requiring the use of weapons (or
potential use of weapons) or the operation of vehicles, machinery, or equipment as a
primary task (does not include routine office equipment).
b. Positions requiring the handling of hazardous materials, the mishandling of which
may place the employee, fellow employees, or the general public at risk of serious
injury, or the nature of which would create a security risk in the workplace.
c. Positions where the incumbent’s mental fitness is required to prevent immediate
injury to the employee, fellow employees, or general public.
d. Positions that are required to drive clients.
Employees in safety-sensitive positions have a special responsibility to maintain physical and
mental fitness for duty at all times while on the job. Unannounced random testing will be completed
on a certain percentage of employees whose positions have been deemed safety-sensitive. The
simple random sample method, or other neutral selection process, will be used and all names of
employees holding safety-sensitive positions will have an equal chance of being selected.
Employees, whose names are randomly selected, must be tested just before, during or just after
performing job responsibilities, and must report immediately upon being notified of selection.
Person County Government contracts with a third-party administrator to generate the random test
list and conduct the testing. Human Resources is responsible for scheduling the random testing
with the third-party administrator.
Other positions may be added to the list of safety-sensitive positions at any time due to the nature
of job assignments or deleted because the assignments of a particular position within a job title
that do not fit the safety sensitive criteria.
Random Testing
All employees in safety-sensitive positions will be subject to random testing. Testing will be
completed on a certain percentage of said employees. A federally accepted method of random
selection will be used by the County’s third-party testing facility contractor and names of all
qualifying employees will be entered into the pool for random selection. Employees, whose names
are randomly selected from the pool, must be tested just before, during, or just after performing
job responsibilities.
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NOTE: Working from home or other remote locations is the same as being on County premises.
General Procedure
1. The Human Resources Director, or designee, will receive the list of employees selected for
random testing from its third-party drug testing provider.
2. The Human Resources Director, or designee, will notify the Department Heads of employees
who are chosen for random testing. Department Heads will notify employees.
3. When an employee is notified of a requirement to test, the employee shall proceed to the
designated collection site as scheduled. Failure to complete the test as scheduled will result in
disciplinary action, up to and including dismissal, unless there is a certified medical reason for not
completing the test. Any attempt to alter or manipulate the specimen, control forms, or the testing
process will be treated as if a positive test result was obtained.
4. The County’s third-party drug testing provider will contact the Human Resources Director, or
designee, to provide the test results.
5. If the test results are positive, the Human Resources Director, or designee, will contact the
Department Head and County Manager to inform them of the results and initiate the disciplinary
process. If the alcohol test result is .02 through .0399, the Human Resources Director, or
designee, will document the result and will notify the Department Head and County Manager. The
employee will be placed on disciplinary suspension without pay for 24 hours after receiving proper
notice pursuant to the disciplinary process. Other disciplinary action may result depending on the
history and circumstances of the test and employee.
6. Human Resources will compile and maintain all required records.
Right to Re-Testing
If a drug test produces a positive result, the employee has the right to have the specimen tested
for confirmation at another approved laboratory. Each employee should be notified of the legal
rights to confirm the laboratory result of the sample in writing. If an employee provides a positive
drug sample under this section, the employee may be subject to termination.
Reemployment of a Terminated Employee
Any employee terminated under the terms of this policy, shall not be considered for re-employment
with the County for a period of one (1) year from the date of termination and until the former
employee completes a substance abuse and/or alcohol dependency rehabilitation program.
Cost of Test
All cost of testing will be the responsibility of Person County with the following exceptions:
Return-to-work, follow-up, or employee/applicant requested confirmation testing. The costs for
these tests will be the responsibility of the employee/applicant.
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Return-to-Duty and Follow-Up Testing
Return-to-duty and follow-up testing is required for any employee who has violated this policy and
is returning to work on the recommendation of the Substance Abuse Professional. Return-to-duty
testing must be conducted prior to the employee returning to work. Follow-up testing is required
for any employee who has violated this policy and has successfully completed a return-to-duty
test. Employees who fall into these situations may be subject to at least six (6) unannounced
follow-up tests within the first year back on the job. Follow-up testing can be performed for up to
five (5) years after returning to work. Any employee who tests positive on a return-to-duty or
follow-up test may be subject to dismissal.
Reporting Substance Related Charges and Convictions
Reporting charges and convictions, as described herein, is a condition of employment for all
employees.
Any employee, whose job duties require operation of a motorized vehicle, hazardous machinery
or use of hazardous materials, that is CHARGED with a controlled substance or alcohol related
offense (including DWI/DUI) must notify the Supervisor or Department Head within one work day
of arrest, charge, arraignment or indictment. Any employee CONVICTED, granted deferred
prosecution or is otherwise found guilty of a controlled substance or alcohol related offense, must
notify the Supervisor or Department Head within one day of the conviction. Any employee who is
required to have a driver’s license for the performance of job duties and has it taken away as a
result of a criminal charge, may be placed in either a non-disciplinary or disciplinary suspension
without pay status depending on the circumstances. Failure to notify management may result in
disciplinary action, up to and including dismissal.
Under no circumstances shall an employee operate a County vehicle or equipment without a valid
operator’s license.
Any employee, while off the job, convicted of a controlled substance or alcohol related offense,
which could directly, or indirectly, affect credibility or ability to effectively carry out the duties and
responsibilities of the position with Person County, shall be subject to disciplinary action, up to and
including dismissal.
Seeking Assistance for Self-Identified Problems
Person County recognizes that circumstances in an employee’s life may, at times, result in abuse
of drugs and/or alcohol. Any employee, who self-identifies the need for assistance in dealing with
an alcohol or drug problem prior to notification of a requirement for testing, can receive help with
referrals for treatment programs and will be granted reasonable and necessary leave pursuant to
the County’s policies in order to participate in such treatment. Requests for referral and leave
should be directed to the Human Resources Director. An employee, who self-identifies a problem
and seeks help, will be excused from the random testing pool during the time of treatment. If an
employee is notified of a requirement to test before self-identification of a problem, the employee
will be required to complete testing and any referral for assistance or granting of leave time, will
be subject to the results of the test and the County’s policy regarding that result. Under certain
scenarios, an employee may be requested to submit to substance abuse treatment as a condition
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of employment, as well as return-to-work or follow-up testing.
Section 17. Health and Safety – Fit for Duty Evaluation
This policy applies when employees have observable difficulty performing their essential job
functions in a safe manner or pose a safety threat to self or others; or that employee’s ability to
perform the essential job functions is impaired by a medical condition.
Application of this policy is not intended as a substitute for discipline or any other County policies
or procedures. In any situation involving misconduct or violation of County policy, disciplinary
action may be taken.
The purpose of this policy is:
• To promote the safety and health of employees and customers.
• To establish procedures by which the County can evaluate the employees’ ability to safely
and competently perform their duties when a health or safety problem arises.
• To comply with applicable policies.
Supervisors may refer employees for an evaluation as provided by these procedures:
1. Before referring an employee for an evaluation, the Department Head must obtain approval
from the Human Resources Director. The Department Head may place an employee on
administrative leave pending a determination whether to require an evaluation if the employee
poses a threat to his or her own safety or the safety of others.
2. The County may require a statement from the employee’s healthcare provider that the
employee’s continued employment poses no significant risk to the health or welfare of the
employee, other employees, or third parties, and such other information as may be relevant.
Employees are responsible for any costs associated with their own healthcare provider. The
employee’s healthcare provider will be asked to review the job description on the form provided
by the Human Resources Department that outline the essential functions of the job for which they
are performing.
3. The County reserves the right to require an additional Health & Safety evaluation by a County-
designated healthcare provider, if in the best interest of the County. The County will pay the cost
of this evaluation and the employees’ time in the evaluation, will be considered hours worked.
4. Requests for psychological testing shall be sent through the Human Resources Department.
The Human Resources’ designee will contact the Employee Assistance Program (EAP) provider
to initiate the evaluation. The provider will be directed to report the results of the healthcare
provider’s recommendation to the Human Resources Department.
5. An employee referred for an evaluation will be placed on paid administrative leave pending
the results of the evaluation(s).
7. The final determination of an employee's work status will be based on the results of the
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healthcare provider’s recommendation.
8. If an employee is found to be unfit for some or all assigned duties by the healthcare provider,
the employee’s employment status will be determined on an individual basis, in accordance with
County policies, practices and applicable laws. The employee may be placed on an appropriate
leave status or restricted duty.
9. The County must receive a health and safety certification from the employee’s healthcare
provider or from the County-designated healthcare provider before an employee may return to full
or restricted duty. This form shall be created by the Human Resources Department based on an
employee’s job description.
10. A re-entry conference with the supervisor, department head or their designee, shall be
required prior to the employee's return to work.
11. Employees who fail to fully cooperate with a determination of their fitness for duty shall be
subject to dismissal from employment. Records of health and safety evaluations will be treated as
confidential medical records and kept separate from existing personnel files. The information will
be shared only as permitted by the Health Insurance Portability and Accountability Act of
1996(HIPPA).
After an evaluation, information available to the employee's supervisor will be limited to:
• Whether a person is fit to resume some or all of his or her essential job functions with or
without reasonable accommodations,
• Whether a person is a direct threat to County employees or others, and
• Whether a person needs specific reasonable accommodations.
Section 18. 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 19. 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 20. Internet access.
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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. 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 ensuring 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.
Along with the Personnel Policy, additional detailed procedures regarding safety, worker's
compensation, injury, and infection control may be established by the County Manager.
Section 1. Workplace Violence Policy
Person County is committed to providing a safe workplace by maintaining a “Zero Tolerance”
Workplace policy.
Safety and well-being of employees and the general public are the foremost concern and hold firm
that acts of violence in the workplace will not be tolerated. Person County Government expects all
employees to deal with other people in a professional, courteous, dignified and respectful manner.
Neither threats nor acts of violence, as defined below, will be tolerated at any time against persons
and/or property. Failure to comply with this policy shall be a direct violation of County policy and may
serve as the basis for discipline up to and including termination of employment. It is also intended
that management utilize available resources such as the Employee Assistance Program (EAP), law
enforcement, and applicable personnel policies and procedures.
Definitions
For purposes of this policy and the workplace violence procedures only, the following definitions shall
apply. Other terms which are not defined shall have their everyday accepted meaning:
Administrative Investigation - a confidential internal inquiry conducted by the department and/or
Human Resources to determine the validity of a claim of a violent act committed by a Person County
employee. The inquiry may involve the interview of both Person County personnel and the general
public.
County - Person County Government, its officers, agents or affiliates.
County Business – activities and/or functions which are intended for the advancement of County
goals and objectives, business or social.
County Business Premises - the physical location of the Person County Government offices.
County Property - real property, to include its fixtures, which is either owned by, leased by or which
is in the substantial control or usage of Person County Government, its officers, agents or business
partners or affiliates for the purpose of conducting County activities, business or social.
Physical Violence - the actual infliction of legally unjustified physical injury or the legally unjustified
threat of future or immediate physical injury upon another under circumstances where the ability to
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carry out the threat appears reasonably imminent.
Verbal Abuse- the act of forcefully criticizing, insulting, or denouncing another person. Characterized
by underlying anger and hostility, it is a destructive form of communication intended to harm the self-
concept of the other person and produce negative emotions.
Workplace Violence- includes, but is not limited to, intimidation, bullying, stalking, threats, physical
attack, domestic violence or property damage and includes acts of violence committed by
employees, clients, customers, relatives, acquaintances, or strangers against Person County
employees in the workplace.
Intimidation- engaging in actions that include but are not limited to behavior intended to frighten,
coerce, or induce duress.
Bullying- unwanted offensive and malicious behavior which undermines an individual or group
through persistently negative attacks. There is typically an element of vindictiveness and the
behavior is calculated to undermine, patronize, humiliate, intimidate, or demean the recipient.
Property Damage- intentional damage to property including property owned by the County,
employees, vendors, and visitors.
Worksite Analysis
Attached is an “Employee Security Survey". This survey can be used by departments to identify
existing violence hazards, situations that create or contribute to violence hazards and areas where
violence hazards may develop. The findings of this survey can be used to develop a more specific
Violence Prevention Plan if deemed necessary by Department Heads. Other related employee
assessments may be developed and implemented as needs or regulations arise.
Hazard Prevention and Control
If violence hazards are identified, the next step is to design measures through engineering,
administrative and/or work practices to prevent or control future hazards.
Classification of Acts of Workplace Violence
For purpose of this policy and the workplace violence procedures, workplace violence is classified
as either external or internal:
External violence is violence threatened or inflicted against employees while on County property or
on County business by persons not affiliated with Person County Government. *External Violence
incidents will be addressed by Person County Sheriff’s Department. Law enforcement will complete
a threat assessment and notify appropriate individuals or call a Code 300 for imminent threats.
Internal violence is violence threatened or inflicted by a Person County Government employee in
the workplace or on County business. This policy, including workplace violence procedures, is
designed to address internal violence by a Person County Government employee and efforts to
identify and prevent it.
Internal Violence
The following list of behaviors, while not all inclusive, is intended to provide examples of acts of
internal violence if committed by a Person County Government employee:
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• Aggressive or hostile behavior that creates reasonable fear of injury to another person or
subjects another individual to emotional distress.
• Intentional damage to County or another individuals’ property. Threatening to assault or harm
another individual or property. Hitting or shoving an individual.
• Making harassing or threatening calls, letters, or electronic communications. Intimidating or
attempting to coerce an employee to engage in wrongful or illegal acts. Stalking another
individual.
• Verbalizing intent to harm oneself.
• Verbal abuse towards another person while on County property or while conducting County
business.
Reporting and Investigation of Incidents of Violence
It is policy that all incidents of workplace violence, as defined herein, will be reported. Employees
shall place safety as the highest concern, and shall report all acts and threats of violence.
Employees, who are reasonably aware of or have information pertinent to workplace violence but do
not report it as provided in this policy, may be subjected to appropriate disciplinary action up to and
including termination. All allegations of violent acts or threats by Person County Government
employees will be promptly and objectively investigated and handled in a confidential manner, with
information released only on a need-to –know basis. Where an investigated complaint is
substantiated, management shall be sensitive and
responsive to the reporting employees’ fear for reprisal.
Initial Reporting
Initial reports of violence shall be made to the reporting employee's immediate supervisor unless the
supervisor is alleged to have committed the reported act. In such cases, the initial report shall be
made to the Department’s Director. If the Department Director is the perpetrator, report directly to
the Human Resources Director and/or County Manager. All reports of violence shall be reported to
the Human Resources Director.
If a criminal offense is deemed to have occurred, supervisors receiving the initial report shall report
to the Department Director, or designee, who will advise the appropriate law enforcement agency
for investigation.
The Incident Report Form should be completed for violence complaints.
An employee has the right to contact 911 directly if a violent threat is immediate. After contact with
911, the employee must notify his/her Supervisor or Director.
Administrative Investigations
The purpose of the internal administrative investigation is to establish whether or not there are
reasonable grounds to conclude the allegations are more likely true than not true. If the administrative
investigation fails to substantiate an allegation of violent acts from a County employee, the allegation
will be categorized as "unfounded".
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Administrative investigation, of all alleged incidents, shall be the responsibility of the accused
employee’s supervisor, in coordination with the Human Resources Director. All investigation reports
shall be referred to the Department Head and the Human Resources Director. The Department Head
and the Human Resources Director will request assistance from local law enforcement if necessary.
All investigation reports will be housed in the Human Resources Department.
Confidentiality of Investigations and Reports
All administrative investigations and internal reports made, pursuant to this policy, shall be
confidential. Discussion of allegations of workplace violence, except for the purpose of cooperation
with the Department’s administrative investigation, is expressly prohibited. Discussion outside of the
department should be limited to legal counsel, the investigating law enforcement agencies, and
prosecution or judicial officials.
NOTE: Reprimands shall be confidential and placed in the employee's personnel file. As a condition
of continuing employment, employees who receive reprimands for acts of violence may be required
to undergo counseling through the County’s EAP or at their own expense for the violent behavior.
Support and Protections
The County shall make efforts to protect victims of workplace violence by offering all available
security measures. In order to enhance safety, victims may need special accommodations or
adjustments to work schedule, locations, or working conditions. The County shall work closely with
the victims to ensure that both the needs of the victims and the County are addressed.
An individual who has allegedly made direct threats or committed acts of violence, may be placed
on non- disciplinary suspension with pay until an investigation has been completed. At the end of the
investigation, Management shall determine the County’s official response. In the interim, the County
may take measures and respond, as appropriate under the circumstances, to maintain the continuity
of County operations and ensure workplace safety.
Retaliation
Retaliation is strictly prohibited against any employee who, in good faith, reports a violation of this
policy. Every effort will be made to protect the safety and anonymity of anyone who comes forward
with concerns about a threat or act of violence.
Sanctions
Management will refer to Article XII (Unsatisfactory Performance of Duties, Grossly Inefficient Job
Performance, and Unacceptable Personal Conduct) of the Person County Personnel Policy.
Media Commentary
Official Department position and comment on incidents of workplace violence shall be made only
through the Public Information Officer. All external requests for information related to an alleged act
of either internal or external violence must be referred to the Public Information Officer for response.
Recognizing Potential Violence
Although Person County does not expect employees to be skilled at identifying potentially dangerous
persons, employees are expected to exercise good judgement and to inform Supervisor, Director, or
Human Resources if any employee exhibits behavior that could be a sign of a potentially dangerous
situation. Such behavior includes, but is not limited to:
• Discussing weapons or bringing them to the workplace.
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• Displaying overt signs of extreme stress, resentment, hostility, or anger.
• Making threatening remarks.
• Showing sudden or significant deterioration of performance.
• Displaying irrational or inappropriate behavior.
Travel Safety
If traveling outside of the office is necessary for job duties, follow these tips to help with safety
entering, exiting and traveling in a vehicle.
• When traveling, walk and park in lighted, populated areas.
• Ask for an escort if necessary.
• Keep doors locked and windows up.
• Have keys ready to enter vehicle quickly.
• Be aware of surroundings at all times.
• Check vehicle to ensure no one has entered.
• Be cautious of anyone standing near or around the vehicle.
• Keep vehicle in good running condition and a quarter tank of gas in it at all times.
• If a flat tire occurs in an unsafe place, continue driving at a reduced speed until there is a
safe place to stop.
• Stop only at well lighted and occupied areas.
• Carry a phone with a battery charger.
• Advise someone of travel plans.
• Always take the safest route.
Employee Training and Education
The best defense is to be trained and educated in violence prevention measures. Training and
education will be scheduled and documented for all employees at Person County Government. This
training will be given during normal working hours. All new employees will be trained on initial hiring
date at new employee orientation.
All employees, regardless of their level of risk for exposure to violence, should be provided with:
• a definition and review of workplace violence
• a full explanation and full description of our program
• techniques for recognizing the potential for violence
• procedures, policies and work environment arrangements developed to control the risk to
workers (facility specific – check with supervisor)
• the appropriate response to incidents of violence
• procedures for obtaining medical assistance and follow-up
• procedures for reporting, investigating and documenting incidents of violence
• travel safety
Section 2. Workers' Compensation
Responsibility for claiming compensation under the Workers' Compensation Act is on the injured
employee. Supervisors and employees should place Human Resources on notice of any work-
related accident immediately after it occurs, if possible. The Human Resources department will
coordinate the filing of such claims.
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Section 3. Workers' Compensation Leave
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.
All injuries arising out of, and during, the course of employment should be reported by the injured
employee to the immediate supervisor as soon as possible. The supervisor or department head shall
file an injury report to the Human Resources Department within twenty-four (24) hours of the time of
the accident.
An employee absent from duty because of sickness or disability covered by the North Carolina
Workers' Compensation Act may elect to use accrued sick leave, annual, or compensatory time
during the first waiting period. These days will be reimbursed only if the disability continues for more
than twenty-one (21) days. When workers’ compensation leave extends long enough for the waiting
period to be reimbursed, the employee shall return the reimbursement check to the County and have
leave hours reinstated for all time covered by paid leave. In such cases, the County will pay the
employee for any unpaid time that is owed the employee. The employee may also elect to
supplement workers’ compensation payments after they begin with sick leave, annual, or
compensatory time, provided that the combination of leave supplement and workers’ compensation
payments do not exceed normal compensation. If an employee elects to supplement time,
employees will need to key their time into the timesheet under the workers’ compensation sick leave
pay type.
An employee on workers’ compensation leave may be permitted to continue to be eligible for benefits
under the County’s group insurance plans. The employee will continue to accrue leave, such as sick,
annual and holiday leave, while supplementing workers’ compensation leave, and will retain all
accumulated sick and annual leave. Service in LGERS, however, will not accrue during the period
of workers’ compensation leave. Employees are encouraged to contact LGERS for any questions
related to creditable service time.
a) Injured employees must notify their supervisor when they are placed out of work by the
attending physician. The department head will submit a personnel action form to Human
Resources to place the employee on workers’ compensation leave.
b) Before returning to work, a statement from the attending physician should be submitted to
the Human Resources Department giving permission for the employee to resume regular or
modified duties.
c) Upon return to work, the employee’s department head will submit a personnel action form to
Human Resources to remove the employee from workers’ compensation and the employee’s
salary will be computed on the basis of the last salary plus any merit increment or other salary
increase to which the employee would have been entitled during the disability covered by
workers’ compensation.
This provision also applies to reactions to small pox vaccinations administered to County
employees under Section 304 of the Homeland Security Act. Such reactions shall be treated the
same as any other workers’ compensation claim as regards leave and salary continuation.
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ARTICLE VII. 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 Department.
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 Department.
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 Department.
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 service with
Person County: If there is a break of service with the County, and the employee returns to work in
less than one year in a full-time status, the County will combine the first and second full-time
employment periods to qualify the employee for health insurance purposes. The second employment
period must total a minimum of 5 years.
a) The County will pay 50% of the cost of comparable individual coverage for an employee
retiring with 20 years of 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 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 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 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 $2,500 per fiscal year. Satisfactory completion of the courses will be required for
reimbursement. Requests for tuition assistance shall be submitted to the Department Head in writing
prior to course registration and are subject to the review and approval of Department Head, HR
Director and County Manager Requests for tuition reimbursements should be submitted prior to the
upcoming fiscal year to ensure funding is available. If an employee terminates within 3 years of tuition
reimbursement he/she will be required to reimburse the County a pro-rated amount.
Termination after tuition reimbursement Payback amount
Less than 1 year 100%
1 year, but less than 2 years 50%
2 years, but less than 3 years 25%
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 VIII. 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.
Accrued leave should be used accordingly to ensure the employee’s timesheet meets the base line
of hours required of the job.
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. Public safety employees, regularly scheduled to
work 2,184 hours per year, will receive 8.4 hours of Holiday Pay for each holiday. Employees regularly
scheduled to work 2,080 hours per year will be entitled to receive 8 hours of Holiday Pay for each
holiday, and employees regularly scheduled to work 1,950 hours per year will be entitled to receive
7.5 hours 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 8.4 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 8.4 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 or compensatory time 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. Any unused holiday hours
will be paid out. Payout will occur twice a year on the last paydays of June and December. This
enables employees to schedule time off during the year to use the banked holiday hours before
payout.
Upon termination, an employee will be paid for any unused holiday time that is available.
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Departments with employees working a shift schedule will compensate those employees for working
on the “true” holiday.
Section 5: Wellness Day
While prioritizing the well-being of employees, the County will provide regular full-time employees with
an annual accrual for a Wellness Day. This day can be utilized to support both mental and physical
well-being. The accrual rate will align with sick accruals. Any unused Wellness Day at the end of the
fiscal year will not carry over and must be used in a one-day increment. Approval from the supervisor
is necessary for utilizing the Wellness Day. Although we recognize that the purpose of this day may
not always allow for advanced notice, employees are expected to provide as much notice as possible.
Section 6. 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 ensuring proper staff coverage and may refuse annual
requests when they create a hardship for the County. Employees are encouraged to limit the use of
time off during the probationary period.
Section 7. 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
0-2 years 12 days
3-4 years 15 days
5-9 years 17 days
10-14 years 20 days
15-19 years 22 days
20 plus years 25 days
Annual leave should be accrued in each payroll period on a pro-rated basis.
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Section 8. 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.
Hours Worked Accumulated Maximum
37.5-hour work week 225 hours
40-hour work week 240 hours
Sheriff’s Office, EMS, Communications 252 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 9. 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.
Section 10. 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.
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Section 11. 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 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 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 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
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.
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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. 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 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, 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 15. Bereavement Leave
Person County recognizes the importance of supporting employees as they grieve the loss of a
family member. Bereavement leave may be used for death in the full-time employee's immediate
family but may not exceed three consecutive days for any one occurrence. An employee may not
use more bereavement leave than what he or she is scheduled to work on the day being missed
and cannot use bereavement leave to be paid more than the employee’s scheduled work hours for
the week. Additional time off for the loss of a family member or to grieve the loss of an individual
outside the definition of an immediate family member may be requested. Such leave must be
approved by the supervisor. If approved, the time off must be charged to annual leave, holiday
leave, sick leave, or other accrued leave. Paid leave must be exhausted before leave without pay is
requested.
Documentation may be requested by the supervisor for the need for bereavement leave.
Section 16. Unpaid Personal Leave
In the event an employee experiences an urgent personal problem or a family emergency that does
not quality under FMLA, the employee may request to use unpaid Personal Leave. The department
head may grant up to 3 days of unpaid Personal Leave per fiscal year. Permission is not
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guaranteed. Written requests will be reviewed on a case-by-case basis. Factors that may be
considered include, but not limited to, the reason of the leave, current work conditions at the time of
the request, and the employee’s work record.
The employee must have exhausted all eligible accrued leave such as annual, holiday and
compensatory time. Accrued sick leave can only be taken as allowed in the sick leave policy. If the
employee does not return to work after the expiration of the approved leave, their employment may
be terminated.
Unpaid personal leave is not eligible to be used for an absence that was or is covered by FMLA
and/or a medical leave of absence.
Section 17. Extended Leave
A full-time permanent regular 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 Human Resources Director who will seek approval of 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 law. 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 18. Parental Leave
After successful completion of the probationary period, regular full-time employees who are new
parents from the birth of a child or who legally adopt a child and who intend to return to work are
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given eligible for up to 30 paid days of new parent leave. Requests for such leave should be made in
writing at least 60 days before the start of the requested parental leave. Leave must be used
concurrently with Family Medical Leave (FMLA) and will begin on the first day out. FMLA
certification or a doctor’s note will be required to begin the leave period and continue as approved
by a doctor. Insurance benefits will continue during parental leave as will accrual of paid vacation
and sick leave. If both parents work for the County and want to use parental leave, it cannot exceed
30 days combined.
Employees that are not eligible for FMLA will be required to provide a doctor’s note, proof of foster care
paperwork showing the placement of a child, or adoption papers before leave will be approved.
Employee is expected to communicate with the supervisor their anticipated time away from work to
ensure that proper arrangements can be made to continue services.
Section 19. 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.
Eligible employees will receive compensation for up to two weeks of paid time off at the beginning of
Family Medical Leave, which may be on a continuous or intermittent basis. (Employees who receive
parental leave do not receive additional paid Family Medical Leave.)
Paid leave will be based on the employee’s regular work schedule. During the FMLA period, eligible
employees are required to exhaust all available paid leave before going on a leave without pay, and
such paid time should be coordinated with the County’s annual, sick leave and compensatory time
off policies. Employees must also use any paid time off which is accrued while they are in a paid
leave status prior to going on a leave without pay. Once available paid leave has been exhausted,
the remaining FMLA leave period will be unpaid. Additional time away from the job beyond the 12-
week period may be approved in accordance with the County’s leave without pay policy.
To qualify for FMLA coverage, the employee must have been employed by the County for at least
12 months; which do not have to be consecutive. However, the employee must have worked 1,250
hours during the twelve-month period immediately before the date when the FMLA leave is
scheduled to begin.
Leave can be used for the following reasons:
a) For incapacity due to pregnancy, prenatal medical care or child birth;
b) For the birth of, and to care for, the employee’s child after birth;
c) For placement of a child with employee for adoption or for foster care;
d) To care for the employee’s spouse, son or daughter or parent, who has a serious health
condition;
e) For a serious health condition that makes the employee unable to perform the functions of
their job;
f) To care for the employee’s spouse, child, parent or next of kin who is a Covered Service
member with a Serious Injury or Illness incurred while on active duty (Military Caregiver
Leave); and/or
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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
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;
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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 20. 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 21. Family Medical Leave and Leave Without Pay: Retention and Continuation of
Benefits
When an employee is on leave under FMLA, the County will continue the employee's health benefits
during the leave period at the same level and under the same conditions as if the employee had
continued to work. In the event the Employee is required to pay a portion of his or her health care
premium, the Employee must make arrangements to do so with the Human Resources Director prior
to beginning FMLA leave. If an employee chooses not to return to work for reasons other than a
continued serious health condition, the County will require the reimbursement of the amount paid for
the employee's health insurance premiums during the FMLA leave period.
Other insurance and payroll deductions are the responsibility of the employee and the employee
must make those payments for continued coverage of that benefit.
During the time an employee uses paid leave, including but not limited to sick leave, annual leave or
holiday leave during FMLA leave, the employee will continue to accumulate sick and annual leave.
An employee ceases to accrue leave on the date leave without pay begins and service credit with
LGERS is not typically earned while in a leave without pay status.
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Section 22. 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 23. 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 24 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
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Carolina General Statutes.
Section 25. 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 26. 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
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Income Plan of North Carolina (DIPNC) is not eligible to participate in the shared leave program.
Voluntary Shared Leave is designed to provide eligible employees the opportunity to assist and
receive assistance by donation of leave from other eligible employees during periods of prolonged
absences from work due to a personal or immediate family member’s prolonged serious medical
condition.
For the purpose of this section, a prolonged serious medical condition is an incapacitating and/or
life-threatening non-job-related illness/injury requiring extended treatment and/or recovery period
for which the employee anticipates being absent from work including, but not limited to, cancer,
major surgery, serious accident or heart attack, that:
a) Poses a threat to life or requires in-patient care, hospice care, or home health care; and,
b) Keeps the employee from performing any portion of his regular work duties.
Participation in this program is limited to six months, either continuously or, if for the same condition
on a recurring basis. However, the County Manager 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.
Leave Bank Prohibited
Establishment of a leave “bank” for use by unnamed employees is expressly prohibited. Leave must
be donated to a specific County employee.
Intimidation or Coercion Prohibited
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.
An employee may not 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 leave under this program. Such action
shall be grounds for disciplinary action up to and including dismissal on the basis of personal
conduct.
Qualifying to Receive Leave
In order to receive voluntary shared leave:
• an employee must have complied with existing leave rules and have a prolonged medical,
condition (or have an immediate family with a medical condition that requires the employee’s
absence for a prolonged period of time);
• apply for or be nominated to become a recipient;
• produce medical evidence to support the need for leave beyond the available accumulated
leave; and
• be approved by the department head and the Human Resources Director to participate.
Requests for donated shared leave will be evaluated based, in part, on the employee’s
responsible use of accrued leave during their period of employment.
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An employee on maternity leave may be eligible to receive voluntary shared leave to cover
the period of disability related to pregnancy and/or birth as documented by a physician. Donated
shared leave does not apply to bonding time with a newborn.
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.
Non-qualifying Reasons
The policy will not ordinarily apply to short-term or sporadic conditions or illnesses. This would include
such things as sporadic, short-term recurrences of chronic allergies or other conditions; short-term
absences due to contagious diseases; or short-term absences due to the need for recurring medical or
therapeutic treatments. These examples are illustrative, not all inclusive. Each case must be examined
and decided based on its conformity to policy intent and must be handled consistently and equitably.
Voluntary shared leave cannot be used for parental care of a newborn child absent a documented
prolonged health condition.
Application Procedure
A prospective recipient shall apply for or be nominated by a fellow employee to participate in the program.
Application shall follow the procedure established by the County and shall include a doctor’s statement
confirming the need for leave.
Confidentiality
Medical information must remain confidential. When disclosing information on an approved recipient,
only a statement that the recipient (or the recipient’s family member) has a prolonged medical condition
may be disclosed. If the employee wishes to make the exact nature of his or her medical status public,
the employee must sign a release to allow the status to be known.
When does voluntary shared leave begin?
An employee may begin using voluntary shared leave after all available sick, vacation, and compensatory
leave has been exhausted. While using voluntary shared leave, the employee continues to earn leave;
when accounting for leave, the employee’s vacation and sick and other earned leave should be used first
prior to using shared leave that has been donated.
How much can an employee donate?
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.
Qualifying to Donate Leave
In order to donate voluntary shared leave, an employee must, at the time of donation:
• be an active employee (not separated);
• be in a position that earns leave; and
• have the appropriate leave balance.
Leave donated shall be:
• annual or sick leave shall be donated in four (4) hour increments.
• kept confidential.
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•credited to the recipient’s sick leave account and charged according to the Sick Leave Policy.
•available for use on a current basis or may be retroactive for up to 30 calendar days to
accommodate employee that may have gone into a leave without pay status.
•donated leave should be applied to advanced leave before applying it to leave without pay.
•returned to the donors on a pro-rated basis if not used.
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.Employee or nominator must complete the Voluntary Shared Leave request
form and have department head approve. Form should be sent to Human
Resources for review.
c.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.
d.Application for participation would include name, social security number, classification,
department and estimated length of time needed to participate in the program.
e.By submission of the application form or nomination, the employee is aware the
Human Resources department will post the request to County departments.
f.The department head and Human Resources shall review the merits of the request and
approve or disapprove.
g.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.
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
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and the account closed.
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ARTICLE IX. 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.
Other types of leave should not be taken during the working notice unless previously approved by
supervisor. The supervisor and department head will take into consideration if an exception should be
made based upon an urgent need of the employee.
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.
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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 estate
of the employee.
Section 7. Dismissal
An employee may be dismissed in accordance with the provisions and procedures of Article IX.
Section 8. Reinstatement
An employee who is separated because of reduction in force may be reinstated within five years of
the date of separation, upon recommendation of the supervisor and approval of the Human Resource
Director and the County Manager. An employee who is reinstated in this manner shall be re-credited
with his or her previously accrued sick leave.
Section 9. Rehiring
An employee who resigns while in good standing may be rehired with the approval of the Appointing
Hiring Authority, and shall be regarded as a new employee, subject to all of the provisions of rules
and regulations of this Chapter. However, the employee shall be credited with his or her previously
accrued sick leave if he or she is rehired within five years. If an employee is rehired within one year
of resigning, the annual leave accrual rate they previously had can be used.
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ARTICLE X. EMPLOYEE COMPLAINT RESOLUTION
Person County Government recognizes the value of offering employees a procedure to openly
discuss any issues with their supervisors. This procedure facilitates an open discussion and seeks a
resolution of disagreements or concerns that may arise between employees and/or supervisors. It is
encouraged for complaints to be handled informally through open conversations and departmental
procedures.
Employees may exercise all rights and procedures under this policy without being subject to
harassment or retaliation.
Supervisors and management must take all complaints seriously and ensure that they are addressed
promptly with appropriate solutions.
A grievance is a formal, documented complaint, often related to a violation of workplace policies,
contracts, or legal rights. It usually follows a specific process outlined in an organization’s grievance
policy. Grievances often pertain to serious issues, such as discrimination, unlawful harassment, or
violations of labor laws. An example would be an employee files a grievance alleging that they were
unfairly treated or discriminated against based on race or gender. Please see ARTICLE XIII.
GRIEVANCE PROCEDURE AND ADVERSE ACTION APPEAL.
A complaint is a general expression of dissatisfaction or concern about a specific issue, behavior, or
situation. It can be informal and may not always follow a formal process. Complaints can be about a
wide range of issues, such as a policy, procedure, co-worker’s behavior, or working conditions. When
an employee has a concern about their work experience or working conditions with Person County
Government, they follow the below steps:
STEP ONE:
The employee should discuss the complaint with their immediate supervisor, in person, within five (5)
consecutive calendar days of the occurrence or knowledge of the occurrence. The immediate
supervisor must verbally reply to the employee within five (5) business days of the discussion. It is
recommended that the supervisor document the details of the complaint and response to the
employee for their record keeping.
STEP TWO:
If the employee is not satisfied with step one, the employee may within five (5) consecutive calendar
days from the supervisor’s verbal reply, submit a formal complaint in writing to the next level in the
chain of command. The supervisor/manager has five (5) business days after receipt of the written
complaint to respond in writing. During step two, the supervisor/manager should make sure their
immediate level chain of command is aware of the complaint and what the proposed resolution
consists of before the supervisor/manager’s response to the employee in writing is executed. If the
employee is still not satisfied, then the same process should be followed until the formal complaint
reaches the department head level.
STEP THREE:
If all levels of chain of command does not provide satisfaction to the employee, the employee may
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submit the compliant in writing within five (5) consecutive calendar days from the last chain of
command response to the department head. The department head must notify the employee in
writing within ten (10) business days of the receipt of the formal complaint. If the immediate
supervisor is the department head, steps one through two are combined into a single step. The
department head should complete a written report of their findings and review the findings with the
County Manager or Assistant County Manager and the Human Resources Director before providing a
written response to the employee. The written report should also include their recommendation to
resolve the complaint. The department head shall make the final decision regarding the complaint
and provide a written decision to the employee.
If the department head is the source of conflict, the employee should submit a written complaint to
the appropriate chain of command being the County Manager or Assistant County Manager. The
County Manager or Assistant County Manager may refer the complaint to the Human Resources
Director who will conduct the investigation (if needed) and report the findings in writing back to the
County Manager and/or Assistant County Manager. The County Manager and/or Assistant County
Manager shall make the final decision regarding the complaint and provide a written decision to the
employee.
The Human Resources Director shall determine whether or not additional time shall be allowed on
either side in unusual circumstances if the parties cannot agree upon extensions when needed or
indicated.
The Human Resources Director should receive a copy of ALL documents and will place in the
employee’s personnel file.
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ARTICLE XI. COUNSELING AND PERFORMANCE IMPROVEMENT PLANS
A performance counseling session can be especially effective when a positive, more constructive
approach is needed to address performance issues. This approach emphasizes coaching and
development, not just correction. It can focus on skill-building, training opportunities, or offering
resources to help the employee succeed, which benefits both the individual and the organization. The
employee should actively participate in the conversation(s), offering their perspective on the
challenges they’re facing, which can lead to more practical solutions.
Performance counseling sessions should include a performance improvement plan. The plan should
be clear, actionable and fair. Regular feedback and open communication are crucial throughout the
process. Expectations should be transparent, realistic and achievable within the given time frame.
The supervisor should include the following in the performance improvement plan:
• Performance concerns.
• Expected performance standards.
• Action plan for improvement.
• List resources that could assist the employee in meeting the performance standards such as
additional training, classes, constructive feedback from other employees, etc.
• Timeline for improvement. It is recommended the time range to be no more than 6 weeks.
There may be circumstances that justify a period of more than 6 weeks but should be no
longer than 12 weeks.
• Include progress notes on the plan along with a final review statement.
• State consequences of non-improvement.
• Employee acknowledgement and signature of employee and supervisor.
The initial and final performance improvement plan (with updates) should be forwarded to the Human
Resources Director to place in the employee’s personnel file.
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ARTICLE XII. UNSATISFACTORY PERFORMANCE OF DUTIES, GROSSLY INEFFICIENT
JOB PERFORMANCE, AND UNACCEPTABLE PERSONAL CONDUCT
DISCIPLINE AND DISMISSAL
Section 1. Disciplinary Action for Unsatisfactory Performance of Duties
Person County Government aims to establish a clear, fair, and constructive approach for
implementing discipline when necessary for employees. Supervisors should approach disciplinary
matters in a professional and confidential manner. All disciplinary actions should be administered in
as near uniform manner as possible in all departments.
Discipline is designed to provide the employee with the opportunity to address deficiencies in work
behavior and performance by clarifying expectations and outlining the appropriate 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.
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 actions must be approved by the Human Resource Director
and the County Manager, Appointing or Hiring authority prior to giving final notice issuing the
disciplinary action to the employee. 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. 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;
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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;
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 may issue a written warning and a performance improvement plan to the
employee. By putting the warning and performance improvement plan in writing, the employee is
made aware of the consequences and the importance of adhering to County policies, expected
behavior or work performance. It holds the employee accountable and provides early intervention
to possibly prevent the problem from leading to a more serious consequence.
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 further disciplinary action up
to and including dismissal. Written warnings and performance improvement plans will become a
part of the employee’s personnel file.
The manager or supervisor should include the following in a written warning:
• Summarize the unacceptable behavior or job performance issue on the department’s
letterhead.
• Include any prior performance corrective action notices.
• Include a detailed action plan outlining the steps the employee must take to achieve
satisfactory performance or behavior and timeframe allowed for improvement.
• Identify applicable policies violated.
• Provide a notice that the employee is subject to further corrective action should they not
meet the detailed action plan of improvement and that performance improvement plan
notice cannot be grieved.
• The supervisor and employee should sign the written warning and/or performance
improvement plan. If the employee refuses to sign, it does not invalidate the corrective
action notice.
The timeframe for the performance improvement plan will be determined by the severity of the issue.
See ARTICLE XI. COUNSELING AND PERFORMANCE IMPROVEMENT PLANS for more
information.
A copy of the written warning will become a permanent record in the employee’s personnel file and
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will remain active for one year and may influence future decisions such as promotions, salary
increases and further disciplinary actions. After one year, it will be on record and may be considered
along with future disciplinary actions, but it will no longer be considered when evaluating an
employee for promotions or salary increases.
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.
c) The employee may be temporarily relieved of their duties during this time and placed on paid
or unpaid administrative leave.
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 5. 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
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
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impacts the employee's service to the agency; or
c) The willful violation of known or written work rules; or
d) Conduct unbecoming an employee that is detrimental to the agency's service; or
e) The abuse of client(s), patient(s), or a person(s) over whom the employee has charge or
to whom the employee has a responsibility, or of an animal owned or in the custody of
the agency; or
f) Falsification of an employment application or other employment documentation such as
falsification of any record for personal profit, or to grant special privileges; or
g) Insubordination which is the willful failure or refusal to carry out a reasonable order from
an authorized supervisor;
h) Absence from work after all authorized leave credits and benefits have been
exhausted; or
i) Grossly inefficient job performance.
For example only, willful violation of known or written work rules and conduct unbecoming an
employee that is detrimental to the agency's service may include:
1) Willful misuse or gross negligence in the handling of County funds; Willful or wanton damage
or destruction to property;
2) Willful or wanton acts that endanger the lives and property of others;
3) Possession of unauthorized firearms or other lethal weapons on the job;
4) Brutality in the performance of duties;
5) Reporting to work under the influence of alcohol or drugs or partaking of such while on duty.
Prescribed medication may be taken within the limits set by a physician as long as medically
necessary;
6) Engaging in incompatible employment or servicing a conflicting interest;
7) Request or acceptance of gifts in exchange for favors or influence; Giving or accepting gifts
in exchange for “favors” or “influence,” or improper use of office or position for personal gain
for employee or someone of close relationship;
8) Engaging in political activity prohibited by this policy; or
9) Stated refusal to perform assigned duties or flagrant violation of work rules and regulations., or
10) Any one-party audio or video taping of employees or citizens at any time without notifying
parties affected before the taping is initiated. This does not apply to criminal investigations
being conducted by the Sheriff’s Office.
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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 6. Disciplinary Action for Unacceptable Personal Conduct
With the approval of the Department Head, Human Resources Director, and County Manager,
Appointing or Hiring Authority, an employee may be placed on disciplinary suspension (without
pay), demoted, or dismissed without prior warning for causes relating to personal conduct
detrimental to County service in order to:
a)avoid undue disruption of work;
b)to protect the safety of persons or property; or
c)for other serious reasons.
Employees may be disciplined based on one instance of grossly inefficient job performance. The
duration for suspensions will be reviewed case by case.
Section 8. Pre-Disciplinary Conference for Unacceptable Personal Conduct.
Before disciplinary action is taken for unacceptable personal conduct the County Manager,
Appointing or Hiring Authority, the Human Resource Director or a Department Head will conduct a
pre-disciplinary conference. At this conference, the employee may present any response to the
proposed action to the County Manager, Appointing or Hiring Authority, Human Resource Director
or Department Head. This group will consider the employee's response, if any, to the proposed
action, and will, no later than the end of the second business following the pre-disciplinary
conference, notify the employee in writing of the final decision. If the employee is dismissed, the
notice shall contain a statement of the reasons for the action and the employee's appeal rights
under the County's grievance procedure.
Section 7. Procedure for Pre-Disciplinary Conferences for Unsatisfactory Performance of
Duties and Unacceptable Personal Conduct
The purpose of a pre-disciplinary conference is to gather and evaluate any information the employee
may provide after being notified of the recommended disciplinary action (performance corrective
action notices are not included). This conference will be led by a supervisor and a manager. If an
employee fails to attend or refuses to participate, the supervisor may move forward with the
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disciplinary action based on the available information. Legal representation is not permitted for either
party during this conference.
The supervisor will provide the employee a written notice of the scheduled conference. The
supervisor should provide a minimum of a 48-hour notice to the employee. The notice should include:
• The specific disciplinary action(s) that are being considered.
• The date and time of the conference.
• The specific reasons for the proposed disciplinary action.
• Prior disciplinary actions that have been taken.
During the pre-disciplinary conference, the supervisor will:
• Summarize the reason for the recommendation of disciplinary action.
• Provide the employee an opportunity to respond to the recommendation.
• Consider any new information presented during the pre-disciplinary conference.
• Will not make a decision regarding the discipline.
After the conference, the supervisor will:
• Carefully consider the information presented by the employee.
• Consult their own supervisor.
• Prepare a written notification to the employee of the outcome of the pre-disciplinary
conference and submit to the Human Resources Director for review. The Human Resources
Director will consult with the County Manager and the County Attorney (if needed).
• After review by the Human Resources Director, the supervisor will send the final notice with
the disciplinary decision and appeal rights to the employee. The final notice should be
delivered via email and mailed by first class mail and certified mail.
• Send a copy of the final notice to the Human Resources Director for the employee’s personnel
file.
Section 8. 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 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.
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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.
Section 9. Name Clearing Hearing
A name clearing hearing provides an opportunity for an employee who has been dismissed or demoted
to publicly clear their name regarding potentially stigmatizing information related to the decision by the
County to discharge or demote the employee. Any employee, including a probationary employee, who
is dismissed or demoted by the County may request a name clearing hearing within ten days of the
County’s final decision, including the outcome of any grievance submitted by the employee. If a name
clearing hearing is requested by the employee, the County will endeavor to hold the hearing prior to
the release of any negative or stigmatizing information about the employee that could inhibit future
employment. The employee may invite anyone the employee wishes to invite (including the media) to
the hearing. At this name-clearing hearing, the employee may present any response to information that
the employee believes to be false and/or stigmatizing to the employee's reputation with respect to their
work performance or the reasons for the dismissal or demotion. Any written comments submitted by
the demoted or dismissed employee will be placed in the employee’s personnel file, and a copy of the
employee’s comments will be available upon request to anyone who requests the termination letter on
that employee. In lieu of actually attending the hearing, the employee may submit written comments
which will be placed in the personnel file just as if the employee had presented them at the scheduled
hearing. There is no requirement for the County or the designated hearing officer to respond in any
way to the comments of the demoted or dismissed employee at the hearing. The name clearing hearing
is not a substitute for, or a second opportunity for, a pre-disciplinary conference at which the employee
may contest the proposed disciplinary action. Information presented at the name clearing hearing will
not be used by the County to reconsider the disciplinary action.
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ARTICLE XIII. GRIEVANCE PROCEDURE AND ADVERSE ACTION APPEAL
Section 1. Policy
It is the policy of the County to provide a just and prompt procedure for the presentation,
consideration, and disposition of employee grievances. The purpose of this article is to outline the
procedure and to assure all employees that a response to their complaints and grievances will be
prompt and fair.
Employees utilizing the grievance procedure shall not be subjected to retaliation or any form of
harassment from supervisors or employees for exercising their rights under the grievance procedure.
Supervisors or other employees who violate this policy shall be subject to disciplinary action up to
and including dismissal.
Please note that, this policy does not apply to employees in the probationary period. In addition, to
the extent that this policy conflicts with the State Human Resources Act, this policy shall not apply to
employees subject to said Act.
Section 2. Grievance Defined
Only issues specifically made grievable by this Article may be addressed through the grievance
procedure. Grievable issues are:
1. Serious disciplinary actions –Serious disciplinary actions covered by this policy are
demotion, disciplinary suspension without pay and dismissal. No other disciplinary
actions may be grieved through this policy. Please note that employees who wish to
present a grievance related to a dismissal are not required to undergo the informal
processes detailed in this policy and should submit their grievance directly to the
Human Resources Director, pursuant to Section 3, below.
2. Allegations of illegal discrimination – Allegations of illegal discrimination based on
race, color, religion, sex, national origin, qualified disability, marital status, age,
genetic information (including family medical history), political affiliation, sexual
orientation, status as parent, or labor organization affiliation or non-affiliation, in
promotion, discipline, termination or upon the terms and conditions of employment
may be grieved through this policy.
3. Allegations of unlawful workplace harassment – Allegations of harassment of any type
may be grieved and/or reported through this policy.
4. Allegations of violations of any applicable federal or state law - as applied to the
employee, including but not limited to
a. The Fair Labor Standards Act;
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b. The Age Discrimination in Employment Act;
c. The Family Medical Leave Act;
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, performance improvement plans, 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 Appointing or
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 Department as a resource to help resolve the
grievance. Unless otherwise required by the State Human Resources Act, mediation will not be a
formal step required during the informal resolution process.
Step 1. If no resolution to the grievance is reached informally, the employee who wishes to pursue
a grievance shall present the grievance to the supervisor in writing. The grievance must be presented
within fifteen calendar days of the event or within fifteen calendar days of learning of the event or
condition, or of written receipt of the notice of a disciplinary action, whichever occurs later. The
supervisor shall respond to the grievance within five work days after receipt of the grievance. The
supervisor should, and is encouraged to, consult with any employee of the County in order to reach
a correct, impartial, fair and equitable determination or decision concerning the grievance. Any
employee consulted by the supervisor is required to cooperate to the fullest extent possible.
The response from each supervisory level for each step in the formal grievance process shall be in
writing and signed and dated by the supervisor. In addition, the employee shall sign a copy to
acknowledge receipt thereof. The responder at each step shall send copies of the grievance and
response to the Human Resources Director.
Step 2. If the grievance is not resolved to the satisfaction of the employee by the supervisor, the
employee may appeal, in writing, to the Department Head within five work days after receipt of the
response from Step 1. The Department Head shall respond to the appeal, stating the determination
of decision within five work days after receipt of the appeal.
Step 3. (For general County employees only) If the grievance is not resolved to the satisfaction of
the employee by the Department Head, the employee may appeal, in writing, to the County Manager,
Appointing or Hiring Authority within five work days after receipt of the response from Step 2. The
Appointing or Hiring Authority shall respond to the appeal, may meet with the employee to discuss
the grievance fully, and will make a decision within ten calendar days. The Appointing or Hiring
Authority’s decision is final.
Special Note: The Sheriff and Register of Deeds, will carry out the responsibilities designated as
the County Manager in their respective departments.
Step 3. (For employees subject to the State Human Resources Act) If the grievance is not
resolved to the satisfaction of the employee by the Department Head, the employee may appeal the
decision to the North Carolina Office of Administrative Hearings (OAH) within thirty calendar days of
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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
e) To help locate mediation or other resources as needed.
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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 XIV. PERSONNEL RECORDS AND REPORTS
Section 1. Public Information
In compliance with GS 153A-98, the following information with respect to each County employee is
a matter of public record: name; age; date of original employment or appointment to the County
service; the terms of any contract by which the employee is employed whether written or oral, past
and current, to the extent that the County has the written contract or a record of the oral contract in
its possession; current position; title; current salary; date and amount of each increase or decrease
in salary with the County; date and type of each promotion, demotion, transfer, suspension,
separation, or other change in position classification with the County; date and general description
of the reasons for each promotion with the County; date and type of each dismissal, suspension, or
demotion for disciplinary reasons taken by the County. If the disciplinary action was a dismissal, a
copy of the written notice of the final decision of the County setting forth the specific acts or omissions
that are the basis of the dismissal; the office to which the employee is currently assigned. For the
purpose of this subsection, the term “salary” includes pay, benefits, incentives, bonuses, and
deferred and all other forms of compensation paid by the County. Any person may have access to
this information for the purposes of inspection, examination, and copying, during regular business
hours, subject only to such rules and regulations for the safekeeping of public records as the County
may adopt.
Section 2. Access to Confidential Records
All information contained in a County employee's personnel file, other than the information mentioned
above is confidential and shall be open to inspection only in the following instances:
a) The employee or his/her duly authorized agent may examine all portions of his/her personnel
file except letters of reference solicited prior to employment, and information concerning a
medical disability, mental or physical, that a prudent physician would not divulge to the
patient.
b) A licensed physician designated in writing by the employee may examine the employee's
medical record.
c) A County employee having supervisory authority over the employee may examine all material
in the employee's personnel file.
d) By order of a court of competent jurisdiction, any person may examine all material in the
employee's personnel file.
e) An official of an agency of the State or Federal Government, or any political subdivision of
the State, may inspect any portion of a personnel file when such inspection is deemed by the
County Manager to be necessary and essential to the pursuit of a proper function of the
inspecting agency, but no information shall be divulged for the purpose of assisting in a
criminal prosecution of the employee, or for the purpose of assisting in an investigation of the
employee's tax liability.
However, the official having custody of the personnel records may release the name,
address, and telephone number from a personnel file for the purpose of assisting in a
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criminal investigation.
f) An employee may sign a written release to be placed in his/her personnel file that permits
the record custodian to provide, either in person, by telephone, or by mail, information
specified in the release to prospective employers, educational institutions, or other persons
specified in the release.
g) The County Manager may inform any person of the employment, non-employment,
promotion, demotion, suspension or other disciplinary action, reinstatement, transfer, or
termination of a County employee, and the reasons for that action. Before releasing that
information, the County Manager shall determine that the release is essential to maintaining
the level and quality of County services. The written determination shall be retained in the
County Manager's office, is a record for public inspection, and shall become a part of the
employee's personnel file.
Section 3. Personnel Actions
The Human Resources Director, with the approval of the County Manager, will prescribe necessary
forms and reports for all personnel actions and will retain records necessary for the proper
administration of the personnel system. The official personnel files are those which are maintained
by the Human Resources Office Department. 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 Board of Commissioners
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 Board.
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AGENDA ABSTRACT
Meeting Date:
January 20, 2026
Agenda Title:
Written Decision Approving Special Use Permit Application (SUP-04-25)
Summary of Information:
On January 5, 2026, Booth and Associates, LLC (applicant) received the Board of
Commissioners’ approval for Piedmont Electric Membership Corporation (owner) to expand the
existing substation on 8.25 acres at 1037 Bowen Road, Rougemont, NC - Tax Map A87-69.
Financial Impact:
Not applicable
Recommended Action:
Execute Written Decision Approving Special Use Permit Application.
Submitted By:
Jay Jennings, Planner
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PERSON COUNTY, NORTH CAROLINA
WRITTEN DECISION APPROVING SPECIAL USE PERMIT APPLICATION
This matter came before the Person County Board of Commissioners for a quasi-judicial public
hearing (public hearing) on January 5, 2026, regarding the Special Use Permit application (SUP-
04-25) by Booth and Associates ("Applicant") and Piedmont Electric Membership Corporation
("Property Owner") for the expansion of the existing substation on 8.25 acres at 1037 Bowen Road
("Project"). Special Use Permit (SUP-04-25) approval will allow for the expansion of the existing
substation on the Subject Property. The Board of Commissioners, based upon the sworn testimony
and evidence presented and received at the public hearing, made the following findings and
conclusions:
FINDINGS OF FACT
1.The Applicant submitted a complete Special Use Permit application that was accompanied
by a Site Plan that was prepared by a North Carolina registered land surveyor and/or
engineer. Based on a review of the documents presented and testimony from the Person
County Planning staff, we found the application to be complete.
2.The Site Plan included proper data and information listed within Section 81, Commercial
and Industrial Site Plan Requirements and Section 155, Special Use Permits, specifically
Section 155-2, Submission of Petitions, of the Person County Planning Ordinance
(Planning Ordinance).
3.The 8.25-acre Subject Property is located at 1037 Bowen Road which is known as Tax Map
#A87 69.
4.The existing land use for the Subject Property is an existing substation.
5.The proposed land use for the Subject Property is for the expansion of the existing
substation.
6.The zoning designation for the Subject Property is R (Residential). Appendix C, Table of
Permitted Uses of the Planning Ordinance, allows for Public Utility Station, Bulk Station
or Substations as a permitted use in the R zoning district with Special Use Permit approval
from the Person County Board of Commissioners.
7.The Subject Property's zoning designation of R is consistent and compatible with the Rural
future land use designation for the site and the Person County & City of Roxboro Joint
Comprehensive Land Use Plan (Comprehensive Plan).
8.The proposed expansion will upgrade the existing POD substation and will serve a new
230Kv transmission line and is consistent and compatible with the adjacent land uses and
does not diminish public health, safety, and general welfare, and is appropriately located
in a R zoning district.
9.A public hearing was properly noticed in accordance with all applicable laws and
regulations governing the noticing requirements for public hearings. At the beginning of
the hearing and prior to presentation of any evidence on the Special Use Permit application,
the Board of Commissioners and everyone at the hearing was informed that the public
hearing would be a quasi-judicial proceeding with sworn testimony from which the Board
of Commissioners would make a decision similar to a court of law. Every person that
presented evidence at the public hearing was properly sworn-in. The requirements for
conducting a quasi-judicial hearing were met and complied with.
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10.Section 155-3 of the Planning Ordinance establishes the following Findings of Fact that
the Board of Commissioners must make in granting Special Use Permit approval:
a.That the use will not materially endanger the public health or safety, if located
where proposed and developed according to the plan submitted and approved;
b.That the use meets all required conditions and specifications;
c.That the use will not substantially injure the value of adjoining or abutting property,
or that the use is a public necessity; and
d.That the locations and character of the use, if developed according to the plan as
submitted and approved, will be in harmony with the area in which it is to be located
and in general conformity with the Comprehensive Plan.
11.The staff report and all additional documents were submitted into evidence at the public
hearing properly and satisfactorily addressing the above listed Findings of Fact.
12.The Applicant presented sworn testimony in support of granting the Special Use Permit and
spoke in support of the Board of Commissioners granting the Special Use Permit.
a.In addition to the Findings of Fact, the following conditions of approval were
adopted: The Applicant/owner shall obtain all required permits from Person County
prior to the operation proposed on the Subject Property. The Applicant/owner
develops the property in accordance with the site plan, erosion and sediment control
plan and Falls watershed plans. The applicant/owner provides a final as-built
survey, a recorded stormwater operation and maintenance easement to Person
County, and a recorded stormwater easement plat for Person County. All these
conditions to be met prior to issuance of a final certificate of occupancy for the
project.
CONCLUSIONS
Having heard and reviewed the evidence presented at the hearing, and having made the above
referenced Findings of Fact, the Board of Commissioners concludes the following:
1.By a 5-0 vote, the use will not materially endanger the public health or safety if located
where proposed and developed according to the plan submitted and approved. The Board
of Commissioners made this finding per Section 155-3(b)(1) in the affirmative;
2.By a 5-0 vote, the use meets all required conditions and specifications. The Board of
Commissioners made this finding per Section 155-3(b)(2) in the affirmative;
3.By a 5-0 vote, the use will not substantially injure the value of adjoining or abutting
property, or that the use is a public necessity. The Board of Commissioners made this
finding per Section 155-3(b)(3) in the affirmative; and
4.By a 5-0 vote, the location and character of the use, if developed according to the plan as
submitted and approved, will be in harmony with the area in which it is to be located and
in general conformity with the Comprehensive Plan. The Board of Commissioners made
this finding per Section 155-3(b)(4) in the affirmative.
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Based on the above, Planning & Zoning Department staff recommends that the Board of
Commissioners vote to approve the Written Decision Approving Special Use Permit Application
and to grant Special Use Permit (SUP-04-25) for the Piedmont Electric Membership Corporation
substation expansion project.
Therefore, based on the foregoing, it is ordered that Special Use Permit, SUP-04-25, is hereby
granted.
Date: ______________________ __________________________________
Booth and Associates, LLC
Applicant
Date: _______________________ ___________________________________
Kyle Puryear, Chairman
Person County Board of Commissioners
ATTEST:
____________________________________
Michele Solomon, NCCCC
Clerk to the Board
2
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AGENDA ABSTRACT
Meeting Date:
January 20, 2026
Agenda Title:
Human Services Advisory Committee Term Lengths
Summary of Information:
The Person County Board of Commissioners at its meeting on January 5, 2026 approved an
amendment to the bylaws of the Human Services Advisory Committee to include staggering
term lengths for all members. At the same meeting, the Board of Commissioners made initial
appointments to the Human Service Advisory Committee and implemented staggered terms
for the general public seats; however, the specified position seats were not staggered.
Financial Impact:
None
Recommended Action:
Consider changing the term length to a two-year term for the following positions to align with
staggered terms:
•Person County Sheriff’s Office
•Person County Health Department
Submitted By:
Michele Solomon, Clerk to the Board
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AGENDA ABSTRACT
Meeting Date:
Jan. 20, 2026
Agenda Title:
Economic Development Organizational Structure
Summary of Information:
The Board of Commissioners is considering the option of appropriating funds to the Person
County Economic Development Commission (EDC) to carry out its purposes and objectives,
including the authority to “hire and fix the compensation of any personnel necessary to its
operations.” Under this option, EDC employees would be employees of the public authority
(EDC), and the EDC would be responsible for complying with the provisions of NCGS
Chapter 159, Local Government Finance, as well as applicable public employment laws. The
County would no longer maintain an Economic Development Department.
To further evaluate this option, the Board of Commissioners requested additional information
regarding the process for enrolling the EDC in the North Carolina Local Governmental
Employees’ Retirement System (LGERS).
The following steps apply to the process for enrolling:
•Obtain a surety as defined under administrative rule 20 NCAC 02C.0210 and 20
NCAC 02C.0211 for the estimated withdrawal liability if the unit were to cease
participation in the retirement system 10 years after initial participation. This amount
will be calculated by the retirement system’s consulting actuary and is estimated at one
to two years of payroll.
•Secure a favorable majority vote of eligible employees and approval of the governing
board before applying to the LGERS Board of Trustees.
In addition to the two resolutions, LGERS requires the following documentation in order to act
on an application for LGERS participation:
•A copy of the unit’s governing documents and other documents related to the unit’s
creation, such as authorizing legislation, resolution, or Articles of Incorporation.
•A copy of the unit’s audited financial statements for the fiscal year ended June 30,
2025, and a copy of the profit and loss statement and balance sheet for the period
covering July 1, 2025, to the present, or any other documentation providing financial
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data.
•Estimated payroll for eligible employees (fiscal year or calendar year), job descriptions,
and dates of birth for eligible employees.
•A copy of the approved meeting minutes in which the board resolved to enroll in
LGERS, as soon as available.
Important Dates:
•The next regularly scheduled LGERS Board of Trustees meeting at which the unit’s
application for enrollment of eligible general employees could be considered for final
approval is April 30, 2026. The completed resolution to enroll, application for
participation, and certification forms will need to be returned to the Retirement System
Division (RSD) no later than February 28, 2026, along with the unit’s governing and
creation documents and financial statements. If the LGERS Board of Trustees were to
approve the unit’s application for participation at the April 30, 2026, meeting, the
earliest date that the unit could begin participation is July 1, 2026.
•If the unit’s application does not make the agenda for April 30, 2026, meeting, the next
regularly scheduled LGERS Board of Trustees meeting at which the unit’s application
could be considered for final approval would be April 2027. The completed resolution
to enroll, application for participation, and certification forms will need to be returned
to RSD no later than February 2027, along with the unit’s governing and creation
documents and financial statements. If the unit’s application were approved at the April
2027 meeting, the earliest date that the unit could begin participation is July 1, 2027.
Financial Impact:
A rough estimate of the surety is $200,000-$400,000.
Recommended Action:
Consider whether to change the Economic Development organizational structure and take the
necessary steps during the month of February 2026 to apply for the EDC’s enrollment in
LGERS, effective July 1, 2026.
Submitted By:
Katherine M. Cathey, County Manager
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January 12, 2026
SENT VIA EMAIL ONLY
KATHERINE CATHEY
PERSON COUNTY ECONOMIC DEVELOPMENT COMMISSION
kcathey@personcountync.gov
Re: Employer Enrollment in the North Carolina Retirement System
Dear Person County Economic Development Commission:
This letter is in response to your recent inquiry concerning enrollment in the North Carolina Local Governmental
Employees’ Retirement System (LGERS).
LGERS was established pursuant to the provisions of Chapter 128 of the General Statutes of North Carolina for
the benefit of the employees of our local governmental units and has been operated by the State since 1945.
Coverage may be extended to employees of local governmental units that do not sponsor any type of retirement
or pension plan, or to employees of units that already sponsor some type of plan.
Any eligible employer that is not a taxing authority (NTA) and is not already a participating employer in LGERS
as of September 1, 2023, is not eligible to commence participation in the Retirement System without obtaining a
surety, defined under administrative rule 20 NCAC 02C.0210 and 20 NCAC 02C.0211. Upon request by the
NTA, the Retirement System will have its consulting actuary calculate the NTA’s Estimated Withdrawal Liability
if the NTA were to cease participation in the Retirement System ten years after initial participation. The NTA
shall then submit a duly adopted resolution stating that it will maintain an amount equal to or greater than the
Estimated Withdrawal Liability in a secure financial instrument and will maintain funds in such instrument
throughout the participation in the Retirement System. A secure financial instrument may be any of the following:
•Escrow Account
•Letter of Credit
•Bond
•Deed of Trust
•Deposit in the Ancillary Governmental Participant Investment Program (AGPIP)
The NTA must also submit an Acknowledgement and Acceptance letter signed by the employer’s governing
board which includes the amount of the Estimated Withdrawal Liability and acknowledging that the actual
withdrawal liability, if incurred, may differ than the Estimated Withdrawal Liability and accepting the obligation to
pay the actual withdrawal liability. The withdrawal liability shall be calculated using the formula provided for in
G.S. § 128-30(i).
An eligible employer must obtain a favorable majority vote of its eligible employees and approval of its governing
board before applying to the LGERS Board of Trustees (LGERS BOT) to enroll in LGERS. Upon approval by the
LGERS BOT, an eligible employer may become a participating employer of LGERS on the first day of any
calendar quarter following its approval. An eligible employee is any employee who works in a regular position
that requires 1,000 hours or more of work per year (e.g., a regular position that requires at least 19.23 hours per
week). Please review G.S. § 128-21(10) and G.S. § 128-21(18a) for additional information. In order to determine
if an employer is eligible to participate in LGERS, the Attorney General’s Office must review the unit’s governing
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Telephone (919) 814-4590 • www.myNCRetirement.com
documents and other documents related to the unit’s creation such as authorizing legislation, resolution or
Articles of Incorporation.
All permanent employees who work at least 1,000 hours per year and who are employed on or before the
employer’s date of participation in LGERS are required to become members unless they notify the Board of
Trustees in writing, on or before 30 days following the date of participation in the Retirement System by such
employer. After entrance into membership, employees must remain members so long as that employer or any
other participating employer employs them. Moreover, once a unit becomes a participant in LGERS, all future
employees who meet the hour qualifications stated above must become members.
Please note that no local governmental unit is required to enter into an agreement to participate in LGERS;
however, when an employer does enter into such an agreement, G.S. § 128-23(e) provides that the agreement
shall be permanent, and therefore, irrevocable. Withdrawal from the Retirement System under G.S. § 128-
30(i) can occur only if the General Assembly specifically allows the employer to withdraw, or if the employer
undergoes sale, dissolution, or other structural changes that make it ineligible to participate in the Retirement
System under federal law.
The members and employers share the cost of membership in LGERS. The member’s rate of contribution is set
at 6 percent of total gross earnings, in accordance with the provisions of G.S. § 128-30(b). The employer’s rate
of contribution is set annually by an actuarial valuation in accordance with the provisions of G.S. § 128-30(d).
Appropriate adjustments are made thereafter as required.
The employer’s contribution rate is the same for all employers. It covers the employer’s share of the cost to
provide future retirement benefits for present and future employees. Effective July 1, 2025, the employer
contribution rate for general employees is 14.35%.
Please contact us if you desire additional information, or if we may be of any assistance. You can also obtain
more information from our website: www.myncretirement.com.
Sincerely,
Retirement Systems Division
NC Department of State Treasurer
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Enrollment and Withdrawal in the Local Governmental Employees’
Retirement System (LGERS)
Frequently Asked Questions
Overview of LGERS
The Local Governmental Employees’ Retirement System (LGERS) provides benefits to employees of cities, towns, counties, boards, commissions, and other entities of local government in North Carolina. The Local Governmental Employees’ Retirement System (LGERS) is a defined benefit pension plan qualified under Section 401(a) of the Internal Revenue Code and participation by local governments is voluntary. The operation of LGERS is dependent upon the acceptance and continuing financial support of the governing bodies and employees of local governments. LGERS is administered by the Department of State Treasurer along with the other retirement systems and plans for North Carolina public employees, which are collectively referred to as the North Carolina Total Retirement Plans. Employee contribution rates are set at six percent of compensation and are made through automatic payroll deductions. Each employing unit that participates in the system pays the LGERS employer contributions. The employer contribution rate per entity will vary depending on whether the local employer provides a death benefit, the number of law enforcement officers employed by the entity, and other employer-specific considerations for paying the cost of retirement benefits initially granted at the time of joining the System.
Contributions and Coverage
1.How do LGERS employee and employer contributions work?
The employee contributions are set at 6% of gross salary. The rate has been the same since 1976. These contributions are made through automatic payroll deductions.
There is a basic employer contribution rate paid by all employers based on the compensation of their general (non-law-enforcement) employees, and another basic rate paid by all employers based on the compensation of their law-enforcement employees. Some units pay more because they have elected to offer a death benefit for general employees. Additionally, some units pay an additional contribution to satisfy the cost of benefits initially granted at the time they joined. This combination of factors can push an individual unit’s rates as high as 30% of payroll, although most are in the range of 14% to 16% effective July 1, 2025.
Any employer seeking to join LGERS on or after November 1, 2015, is prohibited from granting prior service of retirement credits for years that employees worked at a local government agency before the agency joined LGERS. [S.L. 2015-168, ss. 5 & 6]
2.What is the current employer contribution rate?
Effective July 1, 2025, the employer contribution rate toward LGERS retirement will be 14.35% of compensation for general employees, and 16.08% of compensation for law-enforcement employees. These rates are subject to adjustment if there are legislated benefit changes.
The Employer Contribution Rate Stabilization Policy (ECRSP) adopted by the LGERS Board of Trustees provides that in each year through June 30, 2027, the employer contribution rate is expected to increase by 0.75% of compensation for general employees and 1.00% of compensation for law-enforcement employees, compared to the year before. These rates are subject to adjustment if there are legislated benefit changes, if the Board of Trustees makes material changes to its actuarial assumptions or methods, or if the consulting actuary
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determines that the actuarially measured costs are deviating significantly from the scheduled contribution rate. Although the ECRSP is the expressed policy of the Board of Trustees, the Board may establish the contribution rate for any year as it deems appropriate.
3.How does a participating employer elect to provide the death benefit coverage to its employees?
The employing unit’s governing body must pass a resolution electing to provide the death benefit coverage to its employees. The employing unit may pass this resolution at the same time it passes the resolution to elect to enroll in LGERS. The employer’s contribution rate will increase based on an actuarial valuation by the Retirement Systems Division (RSD) consulting actuary.
The death benefit coverage is available to the employing unit’s active general employees after one year of membership service. The employing unit’s law enforcement officers (LEOs) are provided the death benefit coverage even if the employing unit did not elect the death benefit coverage for its general employees.
4.Where can I find information on submitting employee and employer contributions?
The NC Department of State Treasurer’s website (https://www.nctreasurer.com/Retirement-and-Savings/For-Government-Employers/Pages/Contribution-Summary-Instructions-Schedule.aspx) provides a “Schedule for Submitting Contribution Summary Instructions.”
For administrative and technical support with system setup, entering payroll, and submitting employee and employer contributions, please contact our office at (919) 814-4590. You can find additional system setup requirements and information at www.myncretirement.com.
Enrollment
1.Can an employing unit that does not currently sponsor any type of retirement or pension plan
elect to have its employees become eligible to participate in LGERS?
Yes, it requires a favorable majority vote of eligible employees as provided in G.S. § 128-23, and the governing body must pass a resolution electing to have its employees become eligible to participate in the System. An eligible employee is any employee who works in a regular position that requires 1,000 or more of work per year.
For example, if an employing unit has 50 employees and 40 of those employees are eligible to participate in the System, 21 of the eligible employees must favorably vote to enter into LGERS.
2.Can Law Enforcement Officers (LEOs) be included in the voting process if they are currently
members in LGERS?
Yes, if the LEOs meet the definition of an employee as defined in G.S. § 128-21(10).
You are eligible to become a LEO member under LGERS if you are a full-time paid employee of an employer, possess the power of arrest, have taken the law enforcement oath administered under the authority of the State, and are certified as a law enforcement officer under the provisions of Chapter 17C of the General Statutes or certified as a deputy sheriff under the provisions of Chapter 17E of the General Statutes.
3.If there is a favorable majority vote of the eligible employees for the employing unit to become a
participating employer in LGERS as provided in G.S. § 128-23, can the employing unit’s Board of
Directors (BOD) elect not to apply for participation in LGERS?
Yes, the employing unit’s BOD may elect not to participate in LGERS even where a favorable majority of eligible employees votes to participate pursuant to a signed petition.
4.Can the employing unit’s BOD elect to become a participant in LGERS without the favorable
majority vote of its eligible employees?
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No, the local employer’s BOD is not authorized to vote to join LGERS unless the required majority (51%) of eligible employees of the employing entity has favorably voted to join LGERS. However, with respect to law enforcement officers employed by the employing entity, the employing entity will be a participant in LGERS only as it pertains to any LEOs who elect to participate in LGERS.
5. If there is a favorable majority vote of the eligible employees for the employing unit to become a
participating employer in LGERS as provided in G.S. § 128-23, does each eligible employee have
an election whether to participate in LGERS should the employing unit become a participating
employer in LGERS?
Yes, each eligible employee employed on or before the date of participation will have 30 days following the employing unit’s date of participation in LGERS to elect not to participate in LGERS by completing a Form 3 (Declining to Participate in the Local Governmental Employees’ Retirement System).
Once the favorable majority vote of eligible employees is obtained and the employing unit becomes a participating employer in LGERS, the election not to participate in LGERS of those eligible employees who voted in favor of the employing unit becoming a participating employer will not revoke the employing unit’s participation in LGERS.
6. Can the employing unit continue its current retirement plan for those employees who are eligible
to participate in LGERS, but elect not to participate should the employing unit become a
participating employer in LGERS?
There is no State prohibition to prevent the employing unit from continuing its current retirement plan; however, the employing unit would be responsible for not exceeding lawful tax limits and are encouraged to consult with a tax professional to ensure compliance with the Internal Revenue Code and other relevant tax rules governing employer sponsored pension plans.
7. Can the employing unit continue its current retirement plan for those employees who are not
eligible to participate in LGERS should the employing unit become a participating employer in
LGERS?
There is no State prohibition to prevent the employing unit from continuing its current retirement plan; however, the employing unit would be responsible for not exceeding lawful tax limits and are encouraged to consult with a tax professional.
8. Can the employing unit continue to match the contributions made to its current retirement plan
on employees who contribute to the State’s Supplemental Retirement Plans (i.e., 401 (k) or 457
(b))?
There is no State prohibition to prevent the employing unit from continuing its current retirement plan; however, the employing unit would be responsible for not exceeding lawful tax limits and are encouraged to consult with a tax professional.
9. What if an employing unit cannot get a favorable majority vote as provided in G.S. § 128-23?
The favorable majority vote of eligible employees is a requirement to apply for participation in LGERS; thus, the employing unit cannot apply until it obtains the favorable majority vote of all eligible employees.
10. How does an employing unit apply for participation in LGERS once it has obtained the vote
required?
Once the governing body of the employing unit resolves to join LGERS, the employing unit must file an application with the LGERS Board of Trustees for approval, along with the Resolution for Enrolling & Certification, Resolution to Provide Employee Death Benefits and Certification, and the Resolution to Pick Up the Employee Contributions and Certification (if applicable).
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11. Upon approval by the LGERS Board of Trustees, what obligations does the participating
employer have to the System and its employees?
• An employer must make the required employer contributions as set out in G.S. § 128-30(g) for all eligible employees employed on or before the date the employer is granted entry into the Retirement System;
• An employer must make the required employer contributions as set out in G.S. § 128-30(g) for each eligible employee who is employed after the date the employer is granted entry into the Retirement System;
• An employer must deduct from the salaries of employees who may became members the contributions required of members under Chapter 128 of the General Statutes of North Carolina;
• An employer must transmit the employer and employee contributions to the Board of Trustees;
• An employer must require all eligible employees to participate; and
• An employer must comply with any request from the Retirement System to provide the documents needed to complete a financial review.
12. What does the LGERS Board of Trustees take into consideration when deciding whether to
approve an employing unit’s application for participation in LGERS?
In seeking to uphold its fiduciary responsibilities, the Board of Trustees considers factors including:
• Whether the Office of the Attorney General confirms that the employing unit meets the definition of an employer pursuant to G.S. § 128-21(11); and
• Whether the Fiscal Management Section of the State and Local Government Finance Division confirms that the employing unit has proper operational and internal controls in place. The documents that will be reviewed may include the employing unit’s most recent audited financial statements, independent audit reports, and any other financial documents relevant to a determination of the employing unit’s financial soundness.
13. Is an employing unit’s election to become a participating employer in LGERS revocable?
An employing unit’s election is revocable only pursuant to the procedure and payment of a withdrawal liability as set forth in G.S. § 128-30(i). Where an LGERS participant is allowed to cease participation in the System, the employer is required to notify its employees and the LGERS Board of Trustees, in writing, of its action. A withdrawing employer is required to make a lump-sum withdrawal liability payment to the LGERS Board of Trustees. Complete withdrawal by an employer is the first day of the month following the date the Board of Trustees receives the employer’s written notification and is not effective until the withdrawal liability is determined.
Withdrawal
1. How can an employing unit cease participation in LGERS?
If the General Assembly allows an employing unit to cease participation in LGERS, the employing unit must provide written notification to its employees and to the LGERS Board of Trustees of its decision to withdraw from LGERS.
2. Is there a cost to the employing unit for withdrawing from LGERS?
Yes, the employer is required to make a lump-sum withdrawal liability payment to the LGERS Board of Trustees pursuant to G.S. § 128-30(i).
3. How is the withdrawal liability amount determined?
An independent actuary will calculate the withdrawal liability amount pursuant to the provisions described in G.S. § 128-30(i)(5).
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4. Who is responsible for paying the cost for the actuary to determine the withdrawal liability
amount?
The withdrawing employer is responsible for paying the actuarial cost to determine the withdrawal liability.
5. How will the withdrawing employer be notified of the withdrawal liability amount and the
actuarial cost to determine that amount?
The Retirement Systems Division will send the withdrawing employer a letter providing the withdrawal liability applicable to the withdrawing employer along with the actuarial cost to determine that amount.
6. What is the deadline for paying the withdrawal liability amount and the actuarial cost to
determine that amount?
The withdrawing employer must remit to LGERS a lump-sum payment for the total withdrawal liability amount and the actuarial cost to determine that amount within 90 days from the date of complete withdrawal.
7. May we make payment of the withdrawal liability amount and the cost of the actuarial services
in installments?
No, the withdrawal liability amount and the actuarial cost are each due in one lump-sum payment.
8. How is the complete withdrawal date determined?
The complete withdrawal date is the first day of the month following the date the LGERS Board of Trustees receives the withdrawing employer’s written notification. However, the complete withdrawal date will not occur before the withdrawal liability is determined.
9. What happens if the withdrawing employer does not pay the withdrawal liability amount and/or
the actuarial cost to determine that amount within 90 days from the complete withdrawal date?
The employer will continue to be a participating employer in LGERS and responsible for remitting the required employer contributions. Furthermore, the Retirement Systems Division has the right to exercise all legally available options in order to recoup contributions, including the interception of funds pursuant to G.S. § 128-30(g)(3).
10. What is the effect on employees’ benefits?
All active or inactive members of the employer will be eligible for benefits accrued up to the complete withdrawal date. After the complete withdrawal, all employees of the withdrawing employer will be ineligible to accrue future benefits with LGERS due to employment with the withdrawing employer.
11. When can members of the withdrawing employer receive the benefits accrued up to the complete
withdrawal date?
No retirement allowance or return of accumulated contributions will be paid until the member actually terminates employment and completely separates from active service with the withdrawing employer, and there is no intent or agreement (express or implied) to return to service with the withdrawing employer.
If we may be of further assistance, please contact Patrick Kinlaw at (919) 814-4157 or patrick.kinlaw@nctreasurer.com.
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PERSON COUNTY ECONOMIC DEVELOPMENT COMMISSION
RESOLUTION TO ENROLL IN THE
NORTH CAROLINA LOCAL GOVERNMENTAL EMPLOYEES’
RETIREMENT SYSTEM
WHEREAS, the 1945 General Assembly and subsequent legislative actions amended the North
Carolina Local Governmental Employees’ Retirement System so as to make the benefit of said System
available to all counties, Cities, towns, and any separate, juristic political subdivision, and
WHEREAS, the governing body of this Unit realizes the necessity of providing its employees with
the security and protection provided by a sound retirement plan, and
WHEREAS, Article 3 of Chapter 128 of the General Statutes of North Carolina provides that any
governmental unit desiring to enroll its employees in said System shall make application to the Board of
Trustees of the North Carolina Local Governmental Employees’ Retirement System, and shall by resolution
elect to participate in said System pursuant to a favorable vote of a majority of its eligible employees.
NOW, THEREFORE, be it resolved by the ______________________________________________
in regular session,
1. That the __________________________________________________ hereby elects
participation of its employees in the North Carolina Local Governmental Employees’ Retirement System.
2. That the __________________________________________________ hereby agrees to comply
with all provisions of the North Carolina Local Governmental Employees’ Retirement System as defined in
Article 3, Chapter 128 of the General Statutes of North Carolina as amended by the 1945 General Assembly.
3. That the __________________________________________________ is hereby ordered and
directed to make application to the Board of Trustees of the North Carolina Local Governmental Employees’
Retirement System for enrollment of this Unit and its employees in said System.
Upon motion of __________________________ and seconded by ___________________________,
the above resolution was introduced for passage. The following number voted in the affirmative: ________.
The following number voted in the negative: _________.
(Name of Governing Board)
(Name of Unit)
(Name of Unit)
(Name of Unit)
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APPLICATION FOR PARTICIPATION OF EMPLOYERS IN THE
NORTH CAROLINA LOCAL GOVERNMENTAL EMPLOYEES’
RETIREMENT SYSTEM
Date___________________
North Carolina Local Governmental Employees’ Retirement System
3200 Atlantic Avenue
Raleigh, North Carolina 27604
________________________________________
The above named unit hereby makes application to the Board of Trustees of North Carolina Local
Governmental Employees’ Retirement System for the enrollment of its employees who may desire to
participate in the North Carolina Local Governmental Employees’ Retirement System.
1. The _____________________________ hereby agrees to make the contributions required by said
Retirement System of participating employers and to make the required deductions from salaries of
employees who became members of the System.
2. The _____________________________ further agrees to promptly transmit such contributions
and deductions to the Board of Trustees, or their authorized agents, as required by Article 3 of Chapter 128
of the General Statutes.
3. The _____________________________ further agrees to make the employer’s contributions for
the participation in the Retirement System of all employees entering or re-entering the service of this unit
after the date of participation of this unit.
Attached hereto is a certified copy of resolution authorizing participation in the North Carolina Local
Governmental Employees’ Retirement System.
The ________________________________ agrees to perform the duties required of it under
The provisions of Chapter 128, Article 3 of the General Statutes, and lawful regulations of the Board of
Trustees of the North Carolina Local Governmental Employees’ Retirement System.
___________________________________ ___________________________________
The Board of Trustees of the North Carolina Local Governmental Employees’ Retirement System
in regular meeting hereby accepts the application of___________________________________________,
for participation of its employees in the North Carolina Local governmental Employees’ Retirement System.
This the __________________ day of _____________________________, 20__.
Participation shall begin on the ____________________day of _________________________, 20__.
___________________________________
(Name of Unit)
(Name of Unit)
(Name of Unit)
(Name of Unit)
(Name of Unit)
(Chairman of Governing Board) (Attest)
Director
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CERTIFICATION
North Carolina Local Governmental Employees’ Retirement System
3200 Atlantic Avenue
Raleigh, North Carolina 27604
This is to certify:
1. That at a meeting of the ___________________________________________________________
held in __________________________________________________________ on the ____________ day of
________________________, 20____, the attached resolution was duly introduced and legally passed in
accordance with the applicable provisions of law relating to the ____________________________________
County of ________________________________________ and the General Statutes of North Carolina.
2. That the meeting at which said resolution was passed was duly constituted, a quorum was present,
and that a resolution was publicized in accordance with the applicable provisions of law and the General
Statutes of North Carolina.
3. That the attached resolution is a true and accurate copy of the resolution passed by the
_________________________________ as the same appears on Page_______ of the Minute Books.
4. That on the _________day of ___________, 20____, the ________________________________
obtained a favorable majority vote of its eligible employees, pursuant to G.S. 128-23, to become a
participating employer in the North Carolina Local Governmental Employees’ Retirement System.
5. That __________________________has a total of _______eligible employees and that of those
eligible employees ______ voted favorably.
This the _________________________ day of __________________________, 20________.
___________________________________________
Corporate Seal (if any)
(Place of meeting)
(Name of Unit)
(Name of Governing Board)
(Clerk of the Board)
(Name of Unit)
(Name of Unit)
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PERSON COUNTY ECONOMIC DEVELOPMENT COMMISSION
RESOLUTION TO PICK UP THE EMPLOYEE CONTRIBUTIONS PAYABLE AS
MEMBERS OF THE NORTH CAROLINA LOCAL GOVERNMENTAL EMPLOYEES’
RETIREMENT SYSTEM
North Carolina Local Governmental Employees’ Retirement System
3200 Atlantic Avenue
Raleigh, North Carolina 27604
WHEREAS, the 1981 Session (1982 Regular Session) of the North Carolina General
Assembly, by a duly ratified bill effective July 1, 1982, enacted North Carolina General Statute 128-
30(b1), a copy of which is attached hereto, which under the conditions specified therein permits an
employer participating in the North Carolina Local Governmental Employees’ Retirement System to
pick up the contributions payable to this System by its employees who are members of this System;
and,
WHEREAS, this employer is an employer participating in the North Carolina Local
Governmental Employees’ Retirement System with respect to its eligible employees; and
WHEREAS, this employer deems it desirable to pick up the contributions payable by its
employees as members of the North Carolina Local Governmental Employees’ Retirement System.
NOW, THEREFORE, BE IT RESOLVED BY THE _________________________________
in regular session, that as of _____________________, 20__ the ______________________________
______________________________________ elects pursuant to the provision of North Carolina
General Statute 128-30(b1) to pick up and pay to the North Carolina Local Governmental Employees’
Retirement System the contributions which would be otherwise payable to this System by its
employees who are members of this System and to treat in all respects such contributions in the
manner specified in said North Carolina General Statute 128-30(b1).
Upon motion ______________________________________________________ and seconded
by _________________________________________ the above resolution was introduced and
adopted. The number voting in the affirmative was __________ and the number voting in the negative
was ______________.
(Name of Governing Board)
(Date of Election) (Name of Employer)
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NORTH CAROLINA GENERAL STATUTE 128-30(b1)
‘(b1) Pick Up of Employee Contributions. --- Anything within this section to the contrary
notwithstanding, effective July 1, 1982, an employer, pursuant to the provisions of Section 414(h)(2)
of the Internal Revenue Code of 1954 as amended, may elect to pick up and pay the contributions
which would be payable by the employees as members under subsection (b) of this section with respect
to the service of employees after June 30, 1982.
The members’ contributions picked up by an employer shall be designated for all purposes of
the Retirement System as member contributions, except for the determination of tax upon a
distribution from the System. These contributions shall be credited to the annuity savings fund and
accumulated within the fund in a member’s account which shall be separately established for the
purpose of accounting for picked-up contributions.
Members contributions picked up by an employer shall be payable from the same source funds
used for the payment of compensation to a member. A deduction shall be made from a member’s
compensation equal to the amount of his contributions picked up by his employer. This deduction,
however, shall not reduce his compensation as defined in subdivision (7a) of G.S. 128-21. Picked-up
contributions shall be transmitted to the System monthly for the preceding month by means of a
warrant drawn by the employer and payable to the Local Governmental Employees’ Retirement
System and shall be accompanied by a schedule of the pick-up contributions on such forms as may be
prescribed. In the case of a failure to fulfill these conditions the provisions of subsection (f)(3) of this
section shall apply.”
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CERTIFICATION
North Carolina Local Governmental Employees’ Retirement System
3200 Atlantic Avenue
Raleigh, North Carolina 27604
This is to certify:
1. That at a meeting of the
___________________________________________________________
held in __________________________________________________________ on the ____________
day of ________________________, 20____, the attached resolution was duly introduced and legally
passed in accordance with the applicable provisions of law relating to the _______________________
County of ________________________________________ and the General Statutes of North
Carolina.
2. That the meeting at which said resolution was passed was duly constituted, a quorum was
present, and that a resolution was publicized in accordance with the applicable provisions of law and
the General Statutes of North Carolina.
3. That the attached resolution is a true and accurate copy of the resolution passed by the
_________________________________ as the same appears on Page_______ of the Minute
Books. This the _________________________ day of __________________________,
20________.
___________________________________________
Corporate Seal (if any)
(Place of meeting)
(Name of Unit)
(Name of Governing Board)
(Clerk of the Board)
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North Carolina Retirement Systems Division
Questions from Draft IRS Guidance on “Determination of Governmental Plan Status”
The following questions are based on an Advance Notice of Proposed Rulemaking (ANPRM) of the
Internal Revenue Service from 2011, available at https://www.irs.gov/pub/irs-tege/reg_157714_06.pdf.
The ANPRM outlines the following considerations that could help define whether an employing unit is a
governmental entity. The questions apply to entities that are not “political subdivisions of the State,”
but may be “agencies or instrumentalities” of political subdivisions of the State.
Major Factors
(1) Is the employer’s governing body controlled by a State or local government?
a. (Note: “Control” refers to the role of the public officials of the State or local government
in the governance of the employer. Do they have the power to appoint, remove, and
replace a majority of the governing body?)
(2) Are the employer’s employees treated in the same manner as State or local government
employees for purposes other than providing employee benefits?
(3) Does a State or local government have fiscal responsibility for the general debts and other
liabilities of the employer, including responsibility for the funding of benefits under the
employer’s employee benefits plans?
(4) Is the employer delegated, pursuant to the State or local government’s law, the authority to
exercise sovereign powers of the State or local government, such as the power of taxation, the
power of eminent domain, or the police power?
Other Factors
(5) Is the employer created by a State or local government pursuant to a specific enabling statute
that prescribes the purposes and powers of the employer, and the manner in which the
employer is to be established and operated?
(6) Is the employer directly funded through tax revenues or other public sources?
(7) Is the employer treated as a governmental entity for Federal employment tax or income
purposes or under other Federal laws?
(8) Are the employer operations controlled by a State or local government?
(9) Is the employer determined to be an “agency or instrumentality of the State or political
subdivision thereof” for purposes of State law? For example, is the employer subject to open
meetings laws or the requirement to maintain public records that apply only to governmental
entities, or would the State attorney general represent the employer in court under a State
statute that only permits representation of State entities?
(10) Has the employer been determined to be an agency or instrumentality of a State or local
government by a State or Federal court for purposes other than Section 414(d) of the Internal
Revenue Code?
(11) Does a party other than the State or local government have ownership interest in the
employer?
(12) Does the employer serve a governmental purpose?
157