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(A) A personnel file shall be maintained for each county employee by the executive authority or his or her designee. All changes in the status of employees shall be recorded in these files, which shall be retained and maintained in accordance with applicable state and federal laws.
(B) The file shall contain:
(1) The employee’s name, address and telephone number where the employee may be reached;
(2) Position title;
(3) Hiring date;
(4) Departmental assignment;
(5) Salary;
(6) All changes in status as a county employee;
(7) Documented compliance with labor standards and EEO requirements;
(8) Performance appraisals and evaluations;
(9) Commendations and disciplinary memoranda; and
(10) Whatever additional information this chapter, other governing laws or the county requires.
(C) Employee medical records of a confidential nature shall be maintained separately from other employee files.
(D) Personnel records of the county shall be public records, as defined and controlled by the appropriate state statutes. They shall be retained in accordance with the retention schedules adopted by the State Archives and Records Commission.
(2001 Code, § 31.039) (Ord. passed 1-14-2000)
(A) (1) All employees of the county shall be classified as full-time, part-time or temporary/ seasonal.
(a) A REGULAR FULL-TIME EMPLOYEE is an employee who works 35 hours per week on a regularly scheduled basis.
(b) A REGULAR PART-TIME EMPLOYEE is an employee who works less than 35 hours per week, but on a regularly scheduled basis.
(c) A TEMPORARY EMPLOYEE is an employee who works in a position which is of a temporary nature, either full-time or part-time, to meet a week workload. The maximum time limit for temporary employees is six months.
(d) A SEASONAL EMPLOYEE is an employee who works in a position which is temporary in nature, either full time or part-time, to meet temporary seasonal demands. The maximum time limit for seasonal employees is 11 months.
(2) The number of hours which constitute a work week for employees of constitutional officers shall be determined by the appropriate constitutional officer.
(3) Only full-time or part-time employees may occupy regular positions.
(4) Full-time employees in regular positions who have successfully completed their introductory period shall be entitled to all benefits provided by the county. Part-time and temporary employees shall not be entitled to any benefits except those required by federal or state law.
(5) This classification of employees by the county is merely intended to provide a basic delineation between the types of employment available with the county. It is expressly noted that nothing in the semantical classification of employees is intended to create a contract of employment. Any individual may voluntarily leave employment or be terminated at any time, for any lawful reason or no reason at all. Any oral, written statements, custom or course of dealing to the contrary are hereby expressly disavowed.
(B) (1) Allocations. In the classification plan authorized by the Fiscal Court or appropriate constitutional officer:
(a) Each position shall, on the basis of the duties and responsibilities of the position, be allocated to an appropriate class; and
(b) A class may include either a single position or two or more positions.
(2) Written position descriptions.
(a) Each class shall have a position description that includes:
1. A concise, descriptive title;
2. A description of the duties and responsibilities of positions in the class; and
3. A statement of minimum qualifications for each position.
(b) All positions in a single class shall be sufficiently alike to permit:
1. The use of a single descriptive title for the class;
2. A concise, general description of the duties of each position in the class:
3. Description of the same qualifications for each position;
4. The use of the same tests of competence for each position; and
5. Application of the same pay range to each position.
(3) Regular review/evaluation. At least once each year, the executive authority or his or her designee shall review the classification of positions and may recommend combining classes, establishing new ones or abolishing unnecessary classes as the needs of the service require.
(2001 Code, § 31.040) (Ord. passed 1-14-2000)
The employment of relatives is addressed in Chapter 32 of this code. This chapter prohibits county officers or employees from advocating, recommending or causing the employment of more than one immediate family member to an office or position of employment with the county.
(2001 Code, § 31.041) (Ord. passed 1-14-2000)
(A) Pay plan.
(1) A pay plan prepared pursuant to this chapter shall prescribe for each class a minimum and a maximum rate of pay and whatever intermediate steps, if any, the Judge/Executive and Fiscal Court, or the relevant constitutional officer deem equitable.
(2) Upon the adoption of a pay plan in accordance with this chapter, the Fiscal Court, or the appropriate constitutional officer shall assign each class to one of the pay grades the plan provides.
(3) Salary grades are determined by the relative difficulty and responsibility of the positions of the class, minimum qualifications; prevailing rates of pay; cost of living factors; the financial policy of the county; and other related considerations.
(4) At least once each year, the executive authority or his or her designee may:
(a) Compare the county’s salary rates, compensation policies and personnel developments of the county with those of other employers, public and private, in the area;
(b) Analyze fluctuations in the cost of living; and
(c) Make recommendations for amendment of the pay plan based upon comparison, analysis and examination.
(5) Employees shall be given consideration prior to the beginning of the fiscal year for increase to the next step of the grade assigned to their position, pending satisfactory service and availability of county funds.
(6) An appointee to a new position shall receive the minimum salary for the class to which the position is allocated, except that the Judge/Executive (with the approval of the Fiscal Court) or the appropriate constitutional officer may cause the appointment to be made at a salary above the minimum in cases of unusual difficulty in filling the position, or in hiring exceptionally qualified personnel.
(7) In cases where appointments have been made above the minimum, justification for these appointments shall be made by the executive authority in writing.
(B) Hours of work.
(1) Each employee shall work according to a schedule of hours determined by his or her supervisor. Non-supervisory full-time employees shall work a minimum of 35 hours per week.
(2) Flexible work schedules may be utilized as agreed to in writing between each employee and his or her department head with the executive authority’s approval.
(C) Overtime.
(1) In order to determine whether an employee will receive overtime pay for hours worked in excess of 40 hours per week, each class shall be declared “exempt” or “non-exempt” in accordance with provisions of existing labor laws. Exempt employees shall not be compensated in cash for overtime worked. Non-exempt employees shall receive overtime pay at the rate of one and one-half times the hourly wages for actual hours worked in excess of 40 hours in any work week. Non-exempt employees who are required to work all seven days in a work week shall receive overtime pay at the rate of one and one-half times the hourly wage for all hours worked on the seventh day of the work week if the cumulative weekly total exceeds 40 hours.
(2) Time off with pay (such as vacation or sick leave) shall not be considered as hours worked for overtime pay purposes.
(3) Holidays, vacation, sick leave, voting leave or other days for which employees are paid, but which are not worked, shall not be used for computing overtime.
(4) Overtime work shall be approved in advance by the employee’s immediate supervisor whenever possible, and shall be kept at the minimum consistent with maintenance of essential services and the county’s financial resources.
(D) Work week.
(1) The official work week begins on Wednesday at 12:01 a.m. and ends on Tuesday at 12:00 midnight.
(2) The county may change the official work week at any time, but not to avoid overtime provisions.
(2001 Code, § 31.042) (Ord. passed 1-14-2000)
CONDITIONS OF EMPLOYMENT
(A) Nothing contained in this subchapter of the county’s personnel policies, including the successful completion of an initial or promotional introductory period, shall alter the “at-will” employment status between the county and the employee. The employee or the county may terminate the employment relationship during or after the initial or promotional introductory period for any lawful reason, or for no reason at all.
(B) (1) Initial. All persons initially appointed to regular positions shall be on an initial introductory period of 90 days.
(2) Promotional. Any employee who has served an initial introductory period and is promoted from within the county service to a new position shall be on an introductory period (referred to as a promotional introductory period) in the new position for a period of 90 days.
(a) While on an initial introductory period, an employee may be dismissed at any time without right of appeal.
(b) An employee serving a promotional introductory period may be reinstated, without right of appeal, to the position from which he or she was promoted or to a position comparable to the one from which he or she was promoted.
(c) The introductory period may be extended for a class of positions if it is deemed that a longer period is needed to learn the work and evaluate that effectiveness of the work performed.
(d) An introductory period extended for a class of positions may be extended for no longer than 90 days.
(3) Evaluation. At the completion of the initial introductory period, the employee’s performance shall be evaluated by the supervisor or department head. A determination shall be made at that time relevant to continuation of the introductory period
(4) Time off. During the initial introductory period, a new employee shall not take vacation or sick time which has been earned or accrued. Any time off taken during the initial introductory period shall be time without pay. If an employee terminates before the end of the introductory period, no payment will be made for any benefits earned or accrued.
(2001 Code, § 31.055) (Ord. passed 1-14-2000)
Any employee occupying a regular position may request a transfer from one position to another comparable position, provided, the position to which the employee is transferred is one for which he or she possess the appropriate minimum qualifications, and provided, that the position applied for is vacant. The request shall be in writing.
(2001 Code, § 31.056) (Ord. passed 1-14-2000)
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