The residential waste reduction fee shall be established by the Board of Commissioners. The fee shall be set as part of the annual budget process.
(Ord. O-95-3, passed 2-20-1995)
CHAPTER 34: NON-DISCRIMINATION
Section
34.01 Definitions
34.02 Public accommodations
34.03 Employment and contracting
34.04 Inclusive interpretation of sex and race discrimination
34.05 Applicability; compliance with laws
34.06 Severability
34.99 Penalty
§ 34.01 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONCILIATION. Attempted resolution of issues raised by a complainant through informal means not involving court process.
DISCRIMINATION. Any difference in treatment based on a protected class as defined herein.
EMPLOYER. Any person employing one or more persons within Wake County and any person acting in the interest of an employer, directly or indirectly, including an employment agency. EMPLOYER shall include Wake County and any Wake County Contractor.
GENDER IDENTITY OR EXPRESSION. Having or being perceived as having gender-related identity, expression, appearance, or behavior, whether or not that identity, expression, appearance, or behavior is different from that traditionally associated with the sex assigned to that individual at birth.
PERSON. A natural person, a corporation, company, partnership, firm, association or other entity with a separate legal existence.
PROTECTED CLASS. Race, natural hair or hairstyles, ethnicity, creed, color, sex, pregnancy, marital or familial status, sexual orientation, gender identity or expression, national origin or ancestry, National Guard or veteran status, religious belief or non-belief, age or disability.
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PROTECTED HAIRSTYLE. Any hairstyle, hair type, or hair texture historically associated with race such as, but not limited to, braids, locks, twists, tight coils or curls, cornrows, Bantu knots and afros.
PUBLIC ACCOMMODATION. Any place, facility, store or other establishment which supplies accommodations, goods or services to the public or which solicits or accepts the patronage or trade of the general public. A PUBLIC ACCOMMODATION shall not include a religious organization and all of the activities of the religious organization, or a non-profit fraternal or social organization which restricts use of facilities and services to members and their guests.
RELIGIOUS ORGANIZATION. A church, mosque, synagogue, temple, non-denominational ministry, faith-based mission or faith-based entity that is primarily devoted to the study, practice or advancement of religion.
(Ord. passed 10-18-2021)
§ 34.02 PUBLIC ACCOMMODATIONS.
It shall be unlawful for any owner, proprietor, employer, employee, agent, keeper or manager in a place of public accommodation to deny any person the full and equal enjoyment of the accommodations, advantages, facilities or privileges thereof because of that person's inclusion within one or more protected classes.
(Ord. passed 10-18-2021)
§ 34.03 EMPLOYMENT AND CONTRACTING.
(A) It shall be unlawful for any employer, because of the protected class of any person, to fail or refuse to hire, discharge or otherwise discriminate against that person with respect to tenure, promotion, transfer, compensation, terms, conditions or privileges of employment, or any other matter directly or indirectly related to employment.
(B) As a condition of submitting a bid or proposal to Wake County, the bidder or proposer shall submit a certification of compliance with this chapter. Failure to submit this certification or falsification of this certification shall be grounds for rejection of the bid or termination of the contract without fault to Wake County.
(C) An unlawful employment practice is established when the complaining party demonstrates by clear, cogent and convincing evidence that a personal characteristic or the status of the complaining party as a member of a protected class was a motivating factor for the employment practice. An employment practice shall not be considered unlawful if it is based upon a neutral classification job related for the position in question and consistent with business necessity or an exception recognized by Title VII of the Civil Rights Act of 1964.
(Ord. passed 10-18-2021)
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§ 34.04 INCLUSIVE INTERPRETATION OF SEX AND RACE DISCRIMINATION.
(A) Wake County interprets all legal prohibitions on sex discrimination to include discrimination on the basis of sexual orientation, gender identity and gender expression.
(B) Wake County interprets all legal prohibitions on race discrimination to include discrimination on the basis of protected hairstyles.
(Ord. passed 10-18-2021)
§ 34.05 APPLICABILITY; COMPLIANCE WITH LAWS.
(A) Pursuant to G.S. § 153A-122, this chapter shall apply within the jurisdictional limits of Wake County and is not applicable within the territorial limits of a city or town, unless a municipal governing board opts in, provided there is agreement to enforcement procedures through an interlocal agreement.
(B) Nothing in this chapter shall be interpreted or applied so as to create any requirement, power or duty in conflict with any existing federal, state, or local law or either the federal or North Carolina constitutions, including but not limited to the Free Exercise Clause of the First Amendment.
(Ord. passed 10-18-2021)
§ 34.06 SEVERABILITY.
In the event any portion of this chapter, or the application thereof to any person, is declared or adjudged to be invalid or unconstitutional, then such declaration or adjudication shall not affect the remaining provisions of this chapter, or its application to other persons; and the chapter shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of this chapter.
(Ord. passed 10-18-2021)
§ 34.99 PENALTY.
(A) Complaints regarding alleged violations of this chapter should be filed with the County Manager's Office within 90 days of the alleged discriminatory act on the complaint form provided by the county. The County Manager shall determine if the complaint falls within the jurisdiction of the county, and if so, with the help of the County Attorney shall investigate the complaint and seek information from the respondent (party complained of). If a complaint is factually validated, then the county will offer voluntary conciliation to resolve the dispute between the complainant and the respondent.
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(B) In addition to or in lieu of other remedies available by law, any person violating any provision of this chapter may be subject to an enforcement action brought by the county under G.S. § 153A-123(d) and (e) for an appropriate equitable remedy, including but not limited to a mandatory or prohibitory injunction commanding the defendant to correct the conduct prohibited under this chapter.
(C) This chapter does not create and is not intended to create any individual right, privilege or benefit, whether substantive or procedural, enforceable at law or in equity by any party against Wake County, its agencies, departments or any other officers, elected officials or employees or any other person or entity, including respondents.
(D) This section shall not limit the remedies available to any person under state or federal law.
(E) Violation of this chapter does not constitute a criminal offense in accordance with G.S. § 14-4.
(Ord. passed 10-18-2021)
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TITLE III: ADMINISTRATION
Chapter
30. COMMITTEES, COMMISSIONS, BOARDS AND
DEPARTMENTS
31. PERSONNEL POLICY
32. COUNTY POLICIES
33. FEES
34. NON-DISCRIMINATION
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CHAPTER 30: COMMITTEES, COMMISSIONS, BOARDS AND DEPARTMENTS
Section
Open Space and Parks Advisory Committee
30.001 Creation and appointment
30.002 Duties
Human Services Board
30.025 Created
30.026 Composition and appointment
30.027 Officers
30.028 Powers and duties of Board
30.029 Human Services Agency and Director
30.030 Effective date
County Library
30.045 Title
30.046 Creation
30.047 Library, authority
30.048 Library Commission, authority
30.049 Continuation of the Board of Trustees as the Library Commission
30.050 Real property of library
30.051 Effective date
Planning Board
30.065 Established
30.066 Purpose
30.067 Duties
30.068 Meetings, rules and records
30.069 Compensation and expenses
30.070 Membership, terms, vacancies and officers
30.071 Effective date
Cross-reference:
Emergency Management Agency, see Chapter 70
Historic Preservation Commission, see Chapter 151
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OPEN SPACE AND PARKS ADVISORY COMMITTEE
§ 30.001 CREATION AND APPOINTMENT.
The Open Space and Parks Advisory Committee is hereby created, consisting of 11 members (one appointed by each commissioner, three at-large appointments, one member of the Soil and Water Conservation District Board) serving two-year terms. Initially, five will be for one year and five for two years, to create staggered terms.
(Ord. – , passed 8-4-2003)
Statutory reference:
County parks and recreational programs, see G.S. §§ 153A-444, 160A-350 et seq.
National Park, Parkway and Forests Development Council, see G.S. §§ 143B-446 et seq.
State forests and parks, see G.S. §§ 113-29 et seq.
State Parks and Recreation Council, see G.S. §§ 143B-324.1 through 143B-324.3
§ 30.002 DUTIES.
The Open Space and Parks Advisory Committee shall have the following duties:
(A) Keep the Board of Commissioners and the general public fully informed of its activities at all times;
(B) Advise and make recommendations to the Board of Commissioners from time to time with respect to parks, recreation, and open space programs, facilities, resources, and needs of the county;
(C) Recommend development of parks, recreation, and open space programs designed to serve equitably all citizens of the county without regard to race, age, sex, creed or national origin;
(D) Advise in the coordination of county parks and open space programs and facilities with that of private, public or semi-public agencies;
(E) Upon request of the Board of Commissioners, recommend any useful actions pertaining to acquisition, lease, sale, exchange, gift, grant or bequest of real property for parks, recreation, or open space purposes;
(F) Cooperate fully with all departments and agencies of the county government to the fullest extent possible commensurate with resources available;
Committees, Commissions, Boards and Departments 5
(G) Foster, promote and encourage the development of appropriate, wholesome parks, recreation and open space facilities with the county by the public and private sectors; and
(H) Perform such other duties assigned by the Board of Commissioners.
(Ord. – , passed 8-4-2003)
HUMAN SERVICES BOARD
§ 30.025 CREATED.
Pursuant to the authority granted by Chapter 690 of the 1995 Session Laws of the state (the Enabling Act), being G.S. § 153A-77, the Board of Health, Board of Social Services and the Mental Health, Developmental Disabilities and Substance Abuse Services Board of the county are hereby consolidated into the County Human Services Board, which Board is hereby created.
(Ord. O-96-18, passed 7-8-1996)
§ 30.026 COMPOSITION AND APPOINTMENT.
(A) The Board shall be composed of members appointed by the Wake County Board of Commissioners pursuant to G.S. § 153A-77, as from time to time amended.
(B) The Board reserves the right to name ex-officio members when state requirements establish local advisory bodies who must report to and act upon the authority of the Board. The Board, at its discretion, may name one officer of the newly required body as an ex-officio member of the Board until that body is dissolved, or until such time as the Board desires to nominate the ex-officio member to fill a vacancy on the Board in the regularly prescribed manner.
(Ord. O-96-18, passed 7-8-1996)
§ 30.027 OFFICERS.
The board shall elect annually from its membership such officers as the members deem necessary, including a Chairman and Vice Chairman, for the sound, efficient, and effective functioning of the board. An individual may hold the office of Chairman or Vice Chairman up to four consecutive years.
(Ord. O-96-18, passed 7-8-1996)
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§ 30.028 POWERS AND DUTIES OF BOARD.
The Board shall have all of the powers enumerated in G.S. § 153A-77(d) as from time to time amended.
(Ord. O-96-18, passed 7-8-1996)
§ 30.029 HUMAN SERVICES AGENCY AND DIRECTOR.
The County Human Services Board and the County Manager shall, in accordance with their respective responsibilities as established by the Enabling Act, organize the consolidated human services agency and select a Human Services Director.
(Ord. O-96-18, passed 7-8-1996)
§ 30.030 EFFECTIVE DATE.
This subchapter is effective upon adoption.
(Ord. O-96-18, passed 7-8-1996)
COUNTY LIBRARY
§ 30.045 TITLE.
This subchapter shall be known and may be cited as the “Division of the Wake County Library Ordinance”.
(Ord. O-96-12, passed 3-20-1996)
§ 30.046 CREATION.
(A) There is hereby created, in accordance with G.S. § 153A, Article 14, the Division of the County Library.
(B) The Division of the County Library shall be a division of county government and the employees thereof shall be employees of the county and shall be subject to the provisions of Chapter 32 of this code of ordinances.
(Ord. O-96-12, passed 3-20-1996)
Committees, Commissions, Boards and Departments 7
§ 30.047 LIBRARY, AUTHORITY.
The duties and authority of the Division of the County Library shall be, but are not limited to, those specified in G.S. § 153A-263.
(Ord. O-96-12, passed 3-20-1996)
§ 30.048 LIBRARY COMMISSION, AUTHORITY.
(A) The County Board of Trustees of Wake County Public Libraries, as it presently exists and as it is presently constituted shall continue to exist and be so constituted, but shall, henceforth, be known as and be referred to as the County Library Commission.
(B) The County Library Commission shall have the following powers and duties:
(1) To review and recommend long- and short-term proposed library service policies, programs and regulations, including automation, projects, developed by and with the library staff, to the County Board of Commissioners;
(2) To make recommendations concerning library buildings and the property to the Board of Commissioners;
(3) To review and recommend proposed schedules of fines and charges for late returns of, failure to return, damage to and loss of library materials, and other measures developed by and with the library staff to protect and to regulate the use of the materials;
(4) To extend the privileges and use of the library system to nonresidents of the county on terms or conditions as the Library Commission may prescribe, subject to approval of the Board of County Commissioners;
(5) To review and approve submission of an annual report to the state, Division of Cultural Resources, pursuant to G.S. § 125-5; and
(6) To advise and assist the county administration and the Board of County Commissioners on any other policy or program concern relative to the county library system including, but not limited to, fund raising, public relations and volunteerism.
(Ord. O-96-12, passed 3-20-1996)
§ 30.049 CONTINUATION OF THE BOARD OF TRUSTEES AS THE LIBRARY COMMISSION.
The County Library Commission shall be composed of 14 members, with each Commissioner nominating two members (one from the district and one may be at large).
(Ord. O-96-12, passed 3-20-1996; Ord. – , passed 8-19-1996)
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§ 30.050 REAL PROPERTY OF LIBRARY.
(A) The county may acquire real property for the County Library by gift, grant, purchase, lease, exercise of the power of eminent domain or any other lawful method. Before acquiring real property by purchase, lease or exercise of the power of eminent domain, the Board of County Commissioners shall seek the recommendations of the County Library Commission.
(B) The title to all property acquired by the county for library purposes shall be in the name of the county. If property is given, granted, devised, bequeathed or otherwise conveyed to the County Library Commission or to the county alone, it shall be deemed to have been conveyed to the county only and shall be held in the name of the county.
(Ord. O-96-12, passed 3-20-1996)
§ 30.051 EFFECTIVE DATE.
This subchapter shall become effective on and after its adoption on March 20, 1996.
(Ord. O-96-12, passed 3-20-1996)
PLANNING BOARD
§ 30.065 ESTABLISHED.
The Planning Board of the county, originally created pursuant to action by the County Board of Commissioners on 11-2-1959, is hereby reconstituted, pursuant to G.S. § 153A-321.
(Ord. O-93-20, passed 9-20-1993)
§ 30.066 PURPOSE.
It is intended that the Planning Board function with the general purpose of guiding and accomplishing a coordinated and harmonious development of the county which will, in accordance with present and future needs, best and most efficiently promote the public health, safety and general welfare.
(Ord. O-93-20, passed 9-20-1993)
§ 30.067 DUTIES.
The Planning Board shall have the following duties:
(A) Prepare a comprehensive plan for the county;
Committees, Commissions, Boards and Departments 9
(B) Make studies of the county and surrounding areas;
(C) Recommend objectives to be sought in the development of the county;
(D) Prepare and recommend plans for achieving these objectives;
(E) Develop and recommend policies, chapters, administrative procedures and other means for implementing plans in a coordinated and efficient manner;
(F) Advise the Board of Commissioners concerning the use and implementation of plans;
(G) Exercise the functions in the administration and enforcement of implementing plans as directed by the Board of Commissioners; and
(H) Perform any other related duties as directed by the Board of Commissioners.
(Ord. O-93-20, passed 9-20-1993)
§ 30.068 MEETINGS, RULES AND RECORDS.
The Planning Board shall meet at least monthly. The Board shall adopt rules for transaction of its business and shall keep a record of its members’ attendance and of its resolutions, discussions, findings and recommendations, which shall be public record.
(Ord. O-93-20, passed 9-20-1993)
§ 30.069 COMPENSATION AND EXPENSES.
The members of the Planning Board shall be entitled to reimbursement for expenses for subsistence and travel related to their duties in accordance with general county policy.
(Ord. O-93-20, passed 9-20-1993)
§ 30.070 MEMBERSHIP, TERMS, VACANCIES AND OFFICERS.
The Planning Board shall consist of ten members appointed by the Board of Commissioners. All members shall be residents of the county. The terms of members shall be set by the Board of Commissioners according to their current appointment policy. Vacancies occurring for reasons other than the expiration of terms shall be filled by the Board of Commissioners as they occur, for the period of the unexpired term. Members may be removed for cause by the County Commissioners. The Planning Board shall elect a Chairperson and create and fill the offices as it may determine to be necessary. The term of the Chairperson and other officers shall be one year, with eligibility for re-election.
(Ord. O-93-20, passed 9-20-1993)
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§ 30.071 EFFECTIVE DATE.
This chapter shall become effective upon adoption.
(Ord. O-93-20, passed 9-20-1993)
CHAPTER 31: PERSONNEL POLICY
Section
31.01 Purpose
31.02 Persons subject to this chapter
31.03 Delegation of duties
31.04 Equal employment opportunity
31.05 Positions and the position classification plan
31.06 Compensation
31.07 Performance reviews and rewards
31.08 Workdays and absences
31.09 Employee grievance procedure
31.10 Personnel records and reports
31.11 General employment procedures
31.12 Conflicting policies repealed
31.13 Severability
31.14 Retiree health insurance guidelines
31.15 Criminal history inquiries and background check policy
§ 31.01 PURPOSE.
The purpose of this chapter is to establish a uniform personnel system under the guidance of the Board of Commissioners to provide for the selection, appointment, training and career development, compensation, discipline and other conditions of employment for employees of the county. The County Board of Commissioners, as sole legislative authority for the county, does hereby establish the following policies and principles of employment for the benefit of all county employees, as defined herein. Pursuant to this chapter and in accordance with the stated policies of the County Board of Commissioners, the County Manager shall institute procedures to ensure proper and uniform implementation of this chapter.
(Ord. passed 11-4-1985; Ord. passed 7-17-2006)
§ 31.02 PERSONS SUBJECT TO THIS CHAPTER.
The provisions of this chapter are applicable to all officers and employees of the county, excluding specifically:
(A) Elected county officials;
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(B) The County Manager, the County Attorney and the Clerk to the Board of Commissioners;
(C) Members of advisory and special boards or commissions;
(D) Employees of elected county officials, other governmental entities or agencies thereof, except where specifically made subject to any provision(s) of this chapter by written agreement with the county;
(E) All employees of the County Emergency Management Program, except the Program’s Director, to the extent that the State Personnel Commission has not deemed the County Personnel System substantially equivalent to its own system pursuant to G.S. § 126-11, and to the extent that the employees remain subject to G.S. Chapter 126, Article 6;
(F) The Elections Director of the County Board of Elections, except that this employee will be subject to the county’s position classification plan;
(G) Temporary employees, to the extent that they will not be subject to county regulations governing appointment and separation, probationary periods, disciplinary actions, reduction in force and nondiscrimination grievances; and
(H) Where inclusion of a position is in conflict with any state or federal law.
(Ord. passed 11-4-1985; Ord. passed 7-17-2006)
§ 31.03 DELEGATION OF DUTIES.
(A) (1) The County Board of Commissioners shall determine employment policies not inconsistent with other applicable law governing the employment of all county employees subject to this chapter.
(2) In addition, the Board shall approve all compensation schedules, policies and employee benefits affecting county officials, officers and employees; determine the holidays observed by county offices; provide direction to the County Manager in promulgating employment procedures; appoint a county Revenue Director pursuant to procedures set forth in G.S. Chapter 105; and perform any other duties required by G.S. Chapter 153A, Article 5, Part 4 or other applicable law.
(B) (1) The County Manager shall be the County Personnel Officer and shall be responsible to the Commissioners for the administration and technical direction of the county’s personnel program.
(2) In accordance with G.S. § 153A-82, and the policies stated in this chapter, the County Manager shall have ultimate authority and responsibility without prior approval from the Board of Commissioners for appointments, suspensions, dismissals and other employment procedures of all employees except those elected by the people or whose appointment is otherwise provided for by law. To this end, the County Manager shall have the authority and duty to establish employment procedures for the employees of county government subject to the terms of this chapter and in accordance with future policy directives of the Board of Commissioners.
(Ord. passed 11-4-1985; Ord. passed 7-17-2006)
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§ 31.04 EQUAL EMPLOYMENT OPPORTUNITY.
(A) The county is committed to complying with all applicable federal, state and local laws that pertain to employment and to providing a work environment that is free from discrimination of any kind.
(B) Discrimination against applicants to and employees of Wake County Government in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment on the basis of race, color, religion, sex (including pregnancy and wages), national origin, age, disability, genetics, veteran status, sexual orientation, gender identity or expression, family status or political affiliation is prohibited.
(C) Federal law and Wake County policy prohibit retaliating against a person who files a charge of discrimination, participates in a discrimination proceeding, or otherwise opposes an unlawful employment practice.
(D) The definitions of race, color, religion, sex (including pregnancy and wages), national origin, age, protected veteran status, disability and genetics will be those promulgated by the U.S. Equal Employment Opportunity Commission.
(E) The County Manager may institute procedures to ensure equal employment opportunity and maintain Equal Employment.
(Ord. passed 11-4-1985; Ord. passed 7-17-2006; Ord. passed 9-21-2015)
§ 31.05 POSITIONS AND THE POSITION CLASSIFICATION PLAN.
(A) Positions of the county may be designated as permanent or temporary and may be full time or part time.
(B) All appointments leading to regular status in full-time or part-time permanent positions shall be subject to successful completion of a probationary period. The probationary period shall be regarded as an integral part of the selection process and shall be used for evaluating the employee’s performance and adjustment to the position and for rejecting any employee whose performance or conduct is unsatisfactory. The probationary period shall be 12 months, except where probation of a different duration is proscribed by applicable law or regulation. Employees in probationary status serve at the will of the county. Employees who are not dismissed during the probationary period will be deemed to have successfully completed their probation and will attain regular status in the position.
(C) For purposes of administrative efficiency and proper personnel management, the county shall maintain a current position classification plan that standardizes position titles indicating the duties and responsibilities of each position. The County Manager has delegated the administration and maintenance of the classification plan to the Human Resources Director, who shall determine the duties of each position and shall promulgate procedures to establish, revise and maintain the classification plan so that it accurately reflects the duties performed by each employee in the classification system. The Human
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Resources Director shall make administrative amendments to the classification plan which includes amending the job family, sub family, title and level of positions as needed and based on labor market conditions.
(Ord. passed 11-4-1985; Ord. passed 7-17-2006; Ord. passed 7-17-2007; Res. passed 11-18-2019)
§ 31.06 COMPENSATION.
(A) A plan of compensation for all positions shall be established by the Board of Commissioners and shall be maintained on a current basis. The plan will include salary bands commensurate with the responsibility and difficulty of the work, and will take into account the prevailing compensation for comparable positions in the recruiting area, in other agencies of government and other relevant factors.
It will provide for the salary advancement of employees based upon performance, job requirements and job responsibilities.
(B) Each salary band will have a minimum, midpoint and maximum rate of pay. Employees shall be paid only for hours worked plus paid leave as authorized herein, except as provided for by the Department of Labor regulations governing the fluctuating workweek. Absent the use of accrued leave, the employee’s pay must be reduced for absences, for personal reasons or because of illness or injury of less than one workday.
(C) Approval of all personnel actions shall be subject to the availability of funds. The County Manager shall take no personnel action, which would expend funds in excess of those appropriated for salaries and wages in a fiscal year.
(D) To reward the faithful service of regular employees who have at least ten years of current and/or reinstated service coverage as an employee of the county government under the state’s Local Governmental Employees’ Retirement System or the state’s Law Enforcement Officers’ Retirement System, the County Manager shall implement procedures for awarding an annual longevity payment program. Eligibility requirements and the formula for calculating longevity payments shall be approved by the Board of County Commissioners. Note: Employees who are hired or re-employed on or after 6-16-1995, will not be eligible for longevity pay.
(E) The County Manager shall establish general policies and procedures governing compensation of employees who are newly hired, reinstated, reclassified, promoted, demoted or transferred. The County Manager shall establish and the Board of Commissioners shall approve rules and procedures not inconsistent with state and federal law governing compensation for expenses, overtime work, part-time work, temporary work, longevity payments, fringe benefits and other matters. The Board of Commissioners must adopt any change in compensation or benefits for county employees before the change can become effective.
(Ord. passed 11-4-1985; Ord. O-93-8, passed - -; Ord. passed 7-17-2006)
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§ 31.07 PERFORMANCE REVIEWS AND REWARDS.
(A) For purposes of recognizing and rewarding quality work performance, improving productivity and accountability, enhancing employee performance through objective-setting and open communication, promoting career development, maximizing individual employee potential and ensuring the efficient functioning of county government, the County Manager shall maintain a system of performance evaluation and performance increases.
(B) The Board of Commissioners shall annually evaluate the performance of the County Manager, the County Attorney and the Clerk to the Board. The County Manager shall evaluate, at least annually, all other top management employees, as senior administrative staff, department heads and nonelected officials.
(C) Subject to available funding, a performance increase may be awarded based upon performance and position in the salary range. The County Manager shall establish rules and procedures governing performance evaluations of, and the award of performance increases to, county employees, which rules shall be approved by the Board of Commissioners.
(Ord. passed 11-4-1985; Ord. passed 7-17-2006)
§ 31.08 WORKDAYS AND ABSENCES.
(A) General. County offices will be open for business on weekdays from the hours of 8:30 a.m. to 5:15 p.m., unless otherwise provided herein. A department head may vary an employee's work schedule from these days and hours in accordance with established administrative procedures or when the normal performance of mandated departmental duties so requires.
(B) Holidays.
(1) The following days and the other days as the Board of Commissioners may designate are holidays for the county government employees:
(a) New Year's Day;
(b) Martin Luther King Jr. Day;
(c) Good Friday;
(d) Memorial Day;
(e) Independence Day;
(f) Labor Day;
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(g) Veteran's Day;
(h) Thanksgiving Day (two days);
(i) Christmas Day (three days); and
(j) Juneteenth.
(2) Employees who wish to observe religious holidays other than those designated herein shall be allowed to request and take annual leave for the purpose if their absence will not create a hardship on other county employees or impair the efficient operation of the employee's office.
(C) Annual leave.
(1) It shall be the policy of the county to grant paid annual leave as a privilege for its employees. Annual leave for probationary or regular full-time (40-hour work period) employees shall be computed at the following rates:
Years of Current and Reinstated Service | Minutes Earned Each Month | Hours Earned Each Year | Days Earned in One Year |
Less than 5 years | 560 | 112 | 14 |
5 but less than 10 years | 680 | 136 | 17 |
10 but less than 15 years | 800 | 160 | 20 |
15 but less than 20 years | 920 | 184 | 23 |
20 years or more | 1,040 | 208 | 26 |
(2) Benefits-eligible employees will accrue prorated annual leave in direct proportion to annual scheduled work hours at the time of the accrual. No employee may be granted annual leave in excess of the amount accumulated.
(D) Sick leave. Sick leave is a privilege granted to probationary and regular county employees and may be used only in cases of personal illness, disability or related examination or treatment of an employee or his or her immediate family. Full-time (40-hour work period) employees shall earn sick leave at the rate of 480 minutes per calendar month or 12 days per year. Benefits-eligible employees will accrue prorated sick leave in direct proportion to the annual scheduled work hours at the time of the accrual. Sick leave may be granted and taken to allow an employee to attend a family member's funeral or to tend an ailing member of his or her immediate family. No employee may be granted sick leave in excess of the amount accumulated.
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(E) Parental leave. Wake County offers paid parental leave to parents for the birth, bonding and care of a child. The purpose of paid parental leave is to allow up to eight weeks of paid leave for regular benefits eligible employees of the County for: parental care of a newborn or a child placed for adoption, foster care, or guardianship within 12 months of the qualifying event. Paid parental leave is provided to supplement the unpaid leave provided under the federal Family and Medical Leave Act and is provided in accordance with the federal Family and Medical Leave Act.
(F) Community involvement leave. The County recognizes the value of actively contributing to one's community and is committed to supporting employee involvement in civic, educational and not-for-profit activities. Full-time employees (scheduled for 2080 hours/year or 40 hours/week) shall earn community involvement leave at the rate of 16 hours per calendar year. Benefit-eligible employees with a different set of annual hours will receive community involvement leave in direct proportion to their annual scheduled work hours.
(G) Bereavement Leave. Wake County understands the importance in supporting employees as they grieve the loss of a family member. Full-time employees (scheduled for 2,080 hours/year or 40 hours/week) shall receive bereavement leave at the rate of 40 hours per calendar year. Benefit-eligible employees with a different set of annual hours will receive bereavement leave in direct proportion to their annual scheduled work hours.
(H) Military leave. Military leave will be granted, in accordance with federal law, to any benefit eligible employee for active duty in the U.S. military service. Military training leave is available to benefit eligible employees for training required for continued membership in the National Guard or Armed Forces reserve. Full-time employees (scheduled for 2,080 hours/year or 40 hours/week) shall earn military training leave at the rate of 96 hours per calendar year. Benefit-eligible employees with a different set of annual hours will receive military training leave in direct proportion to their annual scheduled work hours.
(I) Civil leave. The following shall apply, except as may be otherwise provided by the federal Family and Medical Leave Act, being 29 USC 2611 et seq., as amended from time to time.
(1) All probationary and regular employees who serve on jury duty are entitled to leave with pay for the period of absence required.
(2) When an employee is subpoenaed to testify in a matter related to his or her employment, no leave is required. When an employee is subpoenaed to appear as a witness in a civil or criminal trial or appears as the prosecuting witness in a criminal proceeding, he or she may obtain civil leave with pay for the purpose of testifying. When an employee attends a court hearing as a party or interested party to the proceedings and the case is not connected with his or her official duties, the employee must obtain unused holiday leave, annual leave or leave without pay in accordance with county leave policy.
(J) Worker's compensation leave. An employee who is accidentally injured on the job or who otherwise becomes eligible for Worker's Compensation shall request Worker's Compensation leave instead of using sick leave. The employee will not be compensated for the first seven days of disability unless the disability continues for more than 21 days.
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(K) Leave without pay. A probationary or regular employee may be granted a leave of absence without pay for up to three months. This leave may be used for extended personal or family disability, continuation of education, special work that will permit the county to benefit by the experience gained or the work performed, or other personal reasons. Leave without pay for purposes of covered military and Public Health Service will be granted in accordance with federal law. Failure to report to work at the expiration of a leave of absence will be considered a resignation.
(L) Paid family illness leave. Wake County offers paid family illness leave to employees for the care of a family member with a serious health condition. The purpose of paid family medical leave is to allow up to three weeks of paid leave for regular, full-time or part-time benefits eligible employees of the county for a family member, as defined by county administrative policy, undergoing recovery from or treatment of a serious health condition as defined under the Family Medical Leave Act (FMLA).
(M) Administration of leave policies. The County Manager shall establish rules and procedures governing the administration of leave benefits, including, but not limited to, requests for and approval of leave, accrual and carry-over of leave, reinstatement and transfer of leave benefits, supporting documentation required for approval of leave and other matters as are necessary or appropriate to implement the policies of this section.
(Ord. passed 11-4-1985; Ord. O-93-8, passed - -; Ord. passed 7-17-2006; Ord. passed 9-18-2017; Ord. passed 8- -2018; Res. passed 12-2-2019; Ord. passed 7-6-2020)
§ 31.09 EMPLOYEE GRIEVANCE PROCEDURE.
A grievance may be filed by an employee for the following reasons: A written warning, suspension, dismissal or an involuntary reduction in pay, rank or status. For purposes of this chapter, position classifications, reductions in force, failure to receive a performance increase, nonadoption of suggestions and similar matters within the sole discretion of management are not normally reviewable by a grievance proceeding. The county will provide a procedure for presentation and settlement of grievances for all employees and former employees except when preempted by the State Personnel Act. The County Manager shall establish rules and procedures governing filing, processing and reviewing of employee grievances and shall institute specific procedures to resolve disputes involving allegations of unlawful employment discrimination.
(Ord. passed 11-4-1985; Ord. passed 7-17-2006)
§ 31.10 PERSONNEL RECORDS AND REPORTS.
Only the personnel records as are necessary for the proper administration of the county personnel system will be maintained. All information contained in a county employee’s personnel file shall be classified as confidential information unless otherwise designated in G.S. § 153A-98. The County Manager shall establish controls to protect confidential information from unauthorized access or disclosure. The County Manager also shall establish the other rules and procedures as are reasonably
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necessary to ensure the personnel records are adequately maintained. Current and former county employees and applicants for county employment shall be considered employees for the purposes of this section.
(Ord. passed 11-4-1985; Ord. passed 7-17-2006)
§ 31.11 GENERAL EMPLOYMENT PROCEDURES.
(A) In addition to regulations implementing those policies set out above, the County Manager shall have the authority and responsibility to implement such rules and procedures as deemed necessary for the proper administration of the county personnel system.
(B) When designating rules and regulations, the County Manager shall be guided by the following principles.
(1) All persons expressing an interest in employment with the county will be given an opportunity to apply for vacant positions.
(2) Recognizing the need of each employee to fulfill his or her maximum potential, the county will “promote from within” whenever feasible.
(3) All appointments and promotions will be made solely on the basis of bona fide occupational qualifications.
(4) The County Manager will encourage participation in personnel training and development programs which enhance an employee’s skills and promote effective public service.
(5) (a) Disciplinary actions, such as written warnings, suspensions, demotions and dismissals, may be taken only against employees who violate established work rules or standards of conduct; fail to meet performance expectations; or fail to obtain or maintain credentials, required by law or otherwise.
(b) When disciplinary actions are based on the employee’s personal misconduct, the severity of the disciplinary action imposed will depend upon factors as the seriousness of the misconduct, the employee’s prior work record, the employee’s knowledge of the rules or standards involved and the motive behind the employee’s misconduct.
(c) When disciplinary actions are based on poor work performance or violation of work rules, a regular employee must have been given an opportunity to make his or her work performance satisfactory.
(d) Prior to suspension without pay, demotion or dismissal, a regular employee must be given oral or written notice of the charges against him or her, an explanation of the evidence supporting those charges, and an opportunity to present his or her side of the story.
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(6) Reductions in force may result from changes in programs, cutbacks in funding, reorganization or decreased workload. Affected employees will be evaluated for continued employment on the basis of seniority and past performance.
(7) Employees may engage in political activities away from work and outside of working hours, in accordance with state and federal law. However, political activity has no place in the conduct of county employment or service to the public. Use of county time, supplies or equipment for political purposes is prohibited.
(8) Employees shall not accept gifts or favors in any way related to their position with the county.
(9) Outside employment may be restricted to prevent interference with efficient county service.
(10) Employment of relatives may be restricted to minimize problems in the workplace.
(C) All administrative regulations shall be consistent with the Board of Commissioners’ stated employment policies as set out herein and supplemented or revised from time to time and with other federal, state and local law.
(Ord. passed 11-4-1985; Ord. passed 7-17-2006)
§ 31.12 CONFLICTING POLICIES REPEALED.
All policies, ordinances or resolutions that conflict with the provisions of this chapter are hereby repealed.
(Ord. passed 11-4-1985; Ord. passed 7-17-2006)
§ 31.13 SEVERABILITY.
If any provision of this chapter or any rule, regulation or order thereunder, or the application of such provision to any person or circumstances is held invalid, the remaining provisions of this chapter or application of those provisions to persons or circumstances other than those held invalid will not be affected thereby.
(Ord. passed 11-4-1985; Ord. passed 7-17-2006)
§ 31.14 RETIREE HEALTH INSURANCE GUIDELINES.
(A) Eligibility requirements. To be eligible to participate in the retiree health benefits program, an employee must be a benefit eligible, vested employee who:
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(1) Shall have been hired before July 1, 2011 and have remained continuously employed in a benefits eligible position with Wake County; and
(2) Must have reached the years of service threshold through their employment with Wake County as described in division (B) and as determined by the original hire date; the years of service eligibility for retiree health insurance is to be calculated consistently with that of the NC Local Government Retirement System, factoring in only the years of service with Wake County; and
(3) Must be eligible for retirement by satisfying the current years of service requirements of the Local Government Retirement System for early, full, or disability retirement at the time of separation from Wake County; regardless of whether the employee applies for or begins receiving retirement benefits at the time of his separation from Wake County government; and
(4) Shall be enrolled in the county's retiree health insurance program prior to separation from the county.
(5) The following definitions are applicable to be eligible for retiree health insurance:
BENEFITS ELIGIBLE EMPLOYEE. An employee who is full-time or who is part-time, working 20 or more hours per week.
CONTINUOUSLY EMPLOYED. Includes a recall/reinstatement within one year of the date of a separation as defined as of April 1, 2012 in Wake County Human Resources Administration Manual.
VESTED EMPLOYEE. One who has 5+ years with the NC Local Government Retirement System. Being vested does not necessarily qualify the employee for retiree health insurance; the employee must meet the Wake County years of service, as defined below.
YEARS OF SERVICE. Actual years of service with Wake County in a benefits eligible position. Time in a non-benefits eligible part-time position, temporary position, contract role, etc. does not count towards "years of service". A YEAR OF SERVICE is to be calculated similarly to that of the NC Local Government Retirement System.
(B) Retiree contributions. The contribution structure for retiree health insurance is based on date of hire, with respect to the amount that is paid for employee only coverage. Retirees pay the full cost of dependent coverage per division (C). The contribution structure is as follows:
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(1) For benefits eligible employees hired or reinstated on or before May 15,1994:
Wake County Service | Payment of Employee Contributions |
Less than 5 Years | Not Eligible |
5 to 9 Years | Retiree Pays 100% |
10 or more Years | County Pays 100% |
(2) For benefits eligible employees hired or reinstated after May 15,1994 but on or before April 15, 1997:
Wake County Service | Payment of Employee Contributions |
Less than 10 Years | Not Eligible |
10 to 19 Years | Retiree Pays 50% |
20 or more Years | County Pays 100% |
(3) For benefits eligible employees hired or reinstated after April 15,1997 but on or before June 30, 2011:
Wake County Service | Payment of Employee Contributions |
Less than 20 Years | Not Eligible |
20 or more Years | County Pays 100% |
(4) Employees hired or rehired after June 30, 2011 are not eligible for retiree health insurance benefits. Employees reinstated after June 30, 2011 may be eligible if all conditions outlined in the applicable Wake County Human Resources Administrative Manual.
(5) The county reserves the right to implement contribution surcharges according to programs and policies so long as premium surcharges are within federal and state regulations. Such surcharges would apply to pre-65 retirees and their applicable dependents.
(6) Failure to provide a timely payment of retiree medical insurance contributions, including any applicable surcharges, may result in the cancellation of retiree health insurance for the retiree and dependents.
(C) Coverage of dependents. The ability to cover dependents and the associated cost of such coverage, shall be as follows:
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(1) Separation from employment shall be considered a qualifying life event for purposes of electing dependent coverage and therefore eligible retirees may choose to cover any dependents, legal spouses or children, at the time of separation. Dependents are to be covered at the retiree's expense, where the retiree pays the same rate as active employees.
(2) Dependents not enrolled in the health plan at the time of separation may not be added to the retiree's health insurance at a later date. Such changes are also not permissible upon a qualifying life event.
(3) Post separation, retirees may only drop coverage for dependents with a qualifying life event and/or annually during open enrollment. Once retiree health coverage for a dependent has been dropped, the dependent may not be reinstated into coverage through the Wake County retiree health plan.
(4) Upon the death of the retiree, dependent coverage terminates. Coverage may be offered in accordance with the Consolidated Omnibus Budget Reconciliation Act (COBRA); eligible spouses and dependents who elect COBRA coverage will be responsible for the rates associated with any elections.
(5) A "qualifying life event" is defined by § 125 of the Internal Revenue Services and includes events such as death, divorce, change in health coverage due to employment, child reaching the age in which coverage is no longer available as governed by the health plan regulations for active employee, etc.
(D) Medicare eligibility. Once a retiree is Medicare eligible, retiree health insurance with the county will pay secondary as indicated within our benefit plan document.
(E) Forefeitting coverage. If a retiree declines coverage, fails to elect coverage at the time of separation or chooses to drop coverage, the retiree shall forfeit his/her retiree medical insurance benefit.
(F) Implementation. The County Manager shall institute human resources policies and procedures to implement the requirements of this section.
(Ord. passed 9-18-2017)
§ 31.15 CRIMINAL HISTORY INQUIRIES AND BACKGROUND CHECK POLICY.
(A) It is the policy of the County of Wake that the initial application form used to gather information from job applicants shall not require any applicant to disclose prior criminal convictions, but shall contain a prominent notice informing all job applicants that “Position may require a background check. Unless required by state law, a record of conviction will not automatically exclude you from consideration for employment.
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(B) Unless otherwise required by state law, Wake County will conduct a background check on an applicant once an applicant’s credentials have been reviewed, it has been determined that the applicant
is otherwise qualified for a position, and the applicant has been recommended for hire by the department where the vacancy exists.
(C) The results of a background check cannot be used as a basis for denying employment unless the denial of employment is determined to be due to job-related issues or business necessity. To meet the job-related or business necessity, the following factors will be considered for those applicants with a history of criminal convictions in determining whether to hire the applicant; the nature and gravity of the offense and its relationship to the position, the time that has passed since the conviction and/or completion of sentence, the number (if more than one) of convictions, the individual’s age at the time of the offense, and whether hiring the applicant would pose a risk to the business and other evidence regarding fitness for the position such as character references.
(D) The County Manager may institute human resources policies and procedures to ensure consistent and fair application of the policy.
(Ord. passed 4-18-2016)
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CHAPTER 32: COUNTY POLICIES
Section
Deadly Weapons and Concealed Handguns
32.01 Unlawful to display weapon
32.02 Prohibited while in or about county-owned building; posting
32.03 Exclusions
Smoking
32.15 Smoking, tobacco and vapor product use
Identity Theft Red Flag Rules
32.20 Title
32.21 Purpose
32.22 Enactment
32.23 Definitions
32.24 Identity theft prevention program
32.25 Establishing a covered account
32.26 Access to covered account information
32.27 Credit card payments
32.28 Identifying red flags
32.29 Prevention and mitigation of identity theft
32.30 Updating the program
32.31 Program administration
32.32 Vendor and service providers
DEADLY WEAPONS AND CONCEALED HANDGUNS
§ 32.01 UNLAWFUL TO DISPLAY WEAPON.
(A) It shall be unlawful for any person to display any deadly weapon while on any county-owned or controlled property.
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(B) As used in this subchapter, DEADLY WEAPON shall have the same meaning as defined in G.S. Chapter 14, Article 35.
(Ord. O-97-8A, passed 2-17-1997; Ord. passed 12-7-1998) Penalty, see § 10.99
§ 32.02 PROHIBITED WHILE IN OR ABOUT COUNTY-OWNED BUILDING; POSTING.
(A) It shall be unlawful for any person to carry a concealed handgun while in or about any county- owned building, their appurtenant premises and parks.
(B) The County Manager is directed to post on the premises a conspicuous notice or notices, as he or she shall decide, declaring that the carrying of concealed handguns is prohibited.
(Ord. O-97-8A, passed 2-17-1997; Ord. passed 12-7-1998) Penalty, see § 10.99
§ 32.03 EXCLUSIONS.
This prohibition shall not apply as set forth in G.S. § 14-269(b). Section 32.01 shall not apply to any activity carried out on a county-owned or controlled firing range.
(Ord. O-97-8A, passed 2-17-1997; Ord. passed 12-7-1998) Penalty, see § 10.99
SMOKING
§ 32.15 SMOKING, TOBACCO AND VAPOR PRODUCT USE.
(A) Authority. This subchapter is enacted pursuant to G.S. 130A-498 and G.S. 153A-121.
(B) Definitions. For the purpose of this subchapter, the following definitions shall apply:
SMOKING. The use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product as defined by G.S § 130A-492 (16).
VAPOR PRODUCT. Any non-combustible product that employs a mechanical heating element, battery, or electronic circuit regardless of shape or size and that can be used to heat a liquid nicotine solution contained in a vapor cartridge as defined by G.S. § 14-313(5).
TOBACCO PRODUCT. Any product that contains tobacco and is intended for human consumption, as defined by G.S. § 14-313(4). As used in this subchapter, this does not include a tobacco product regulated by USFDA and prescribed for smoking cessation.
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COUNTY BUILDING. A building owned by Wake County, leased as lessor by Wake County, or the area leased as lessee by Wake County and/or occupied by Wake County, within the meaning of LOCAL GOVERNMENT BUILDING as defined by G.S. § 130A-492(8).
COUNTY VEHICLE. A passenger carrying vehicle owned, leased, or otherwise controlled by Wake County and assigned permanently or temporarily by Wake County to Wake County employees, agencies, institutions, or facilities for official Wake County business, within the meaning of "local vehicle" as defined by G.S. § 130A-492(9).
COUNTY GROUNDS. An unenclosed area owned, leased, or occupied by Wake County, within the meaning of "grounds " as defined by G.S. § 130A-492(6). This includes Wake County parks, playgrounds and athletic fields, greenways, trails, and open space lands owned, leased, or occupied by Wake County.
MANAGER. The individual exercising the powers and duties of manager for Wake County pursuant to G.S. § 153A-82.
(C) Areas where smoking, use of tobacco products, and use of vapor products are prohibited.
(1) Smoking, use of tobacco products, and use of vapor products are prohibited in any county building, any county vehicle, and on any county grounds.
(2) The Manager shall direct conspicuous and clear signage to be posted at reasonable intervals at all county buildings and grounds where smoking, use of tobacco products, and use of vapor products are prohibited by this subchapter.
(3) This subchapter does not prohibit smoking, use of tobacco products, and use of vapor products on streets, rights of way, sidewalks, or other property not owned or leased by Wake County as lessor or lessee.
(Ord. passed 12-22-2015)
IDENTITY THEFT RED FLAG RULES
§ 32.20 TITLE.
This subchapter shall be known and may be cited as the Wake County Identity Theft Red Flag Rules Ordinance of Wake County.
(Ord. passed 5-4-2009)
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§ 32.21 PURPOSE.
The purpose of this subchapter is to provide an identity theft prevention program that complies with Federal Trade Regulations 16 CFR 168.2.
(Ord. passed 5-4-2009)
§ 32.22 ENACTMENT.
Pursuant to authority conferred by Federal Trade Commissions 16 CFR 168.2, and for the purpose of complying with federal regulations requirement that a creditor establish an identity theft prevention program which will use red flags to detect, prevent and mitigate identity theft related information used in covered accounts, the Wake County Board of Commissioners hereby enacts this subchapter, which shall be known as the Wake County Identity Theft Red Flags Rules Ordinance of Wake County, North Carolina
(Ord. passed 5-4-2009)
§ 32.23 DEFINITIONS.
For purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCOUNT. A continuing relationship established by a person with a financial institution or creditor to obtain a product or service for personal, family, household or business purposes. ACCOUNT includes:
(1) An extension of credit, such as the purchase of property or services involving a deferred payment; and
(2) A deposit account.
COVERED ACCOUNT.
(1) An account that a financial institution or creditor offers or maintains, primarily for personal, family, or household purposes, that involves or is designed to permit multiple payments or transactions, such as a credit card account, mortgage loan, automobile loan, margin account, cell phone account, utility account, checking account, or savings account; and
(2) Any other account that the financial institution or creditor offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the financial institution or creditor from identity theft, including financial, operational, compliance, reputation, or litigation risks.
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COUNTY. County of Wake.
CREDIT. The right granted by a creditor to a debtor to defer payment debt or to incur debts and defer its payment or to purchase property or services and payment therefor.
CREDITOR. Any person who regularly extends, renews, or continues credit; any person who regularly arranges for the extension, renewal, or continuation of credit; or any assignee of an original creditor who participates in the decision to extend, renew, or continue credit and includes utility companies and telecommunications companies.
CUSTOMER. A person that has a covered account with a financial institution or creditor.
IDENTITY THEFT. A fraud committed or attempted using identifying information of another person without authority.
PERSON. A natural person, a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association.
PERSONAL IDENTIFYING INFORMATION. A person's credit card account information, debit card information, bank account information and drivers license information and for a natural person includes their social security number, mother's birth name, and date of birth.
RED FLAG. A pattern, practice, or specific activity that indicates the possible existence of identity theft.
SERVICE PROVIDER. A person that provides a service directly to the county.
(Ord. passed 5-4-2009)
§ 32.24 IDENTITY THEFT PREVENTION PROGRAM.
The Federal Trade Commission (FTC) requires creditors to implement an identity theft program. The FTC requirement and regulation is necessary in order to comply with Part 681 of Title 16 of the Code of Federal Regulations implementing Sections 114 and 315 of the Fair and Accurate Credit Transactions Act (FACTA) of 2003.
(Ord. passed 5-4-2009)
§ 32.25 ESTABLISHING A COVERED ACCOUNT.
(A) To open an account a customer shall provide a valid government issued identification card with a valid photo ID.
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(B) The customer will be issued a random account number to be associated with the covered account information.
(Ord. passed 5-4-2009)
§ 32.26 ACCESS TO COVERED ACCOUNT INFORMATION.
(A) Access to customer accounts shall be password protected and shall be limited to authorized county personnel.
(B) Password(s) shall be changed on a regular basis, and in accordance with the county's IT password security policy.
(C) Any unauthorized access to or other breach of customer accounts is to be reported to the Information Services Security Officer and Internal Audit.
(D) Any requests for customer account information, other than from a properly identified customer, shall be reported to the Information Services Security Officer.
(Ord. passed 5-4-2009)
§ 32.27 CREDIT CARD PAYMENTS.
(A) A vendor that processes credit card payments over the Internet shall certify that it has an identity theft program prevention program which meets the requirements of the Federal Trade and Regulation requirements under 16 CFR 168.2.
(B) Credit card payments made by telephone shall be entered immediately into the computer database for customer account information.
(C) Account statements, receipts and invoices for covered accounts shall include four digits of the credit card or debit card or the bank account used for payment of the covered account.
(Ord. passed 5-4-2009)
§ 32.28 IDENTIFYING RED FLAGS.
All employees responsible for or involved in the process of opening a covered account, restoring a covered account or accepting payment for a covered account shall check for red flags as indicators of possible identity theft and such red flags may include:
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(A) Consumer reporting agencies, fraud detection agencies or service providers. For example:
(1) Notice of credit freeze;
(2) Notice of address discrepancy;
(3) Pattern of activity in a consumer report that is inconsistent with the history and usual pattern of activity of an applicant or customer, such as:
(a) Increase in number of inquiries;
(b) Increase in recent credit relationships;
(c) Closed account due to abuse of account privileges.
(B) Suspicious documents.
(1) Documents that appeared altered or forged;
(2) Identification that appears altered or information is inconsistent with information provided by customer;
(3) Applications that appear altered or forged.
(C) Suspicious personal identification, such as suspicious address change.
(1) Personal identification information inconsistent with information reported from a financial institution;
(2) Personal identification has been previously identified and flagged as fraudulent;
(3) Fictitious mailing address, phone numbers, etc.;
(4) Social security number does not match that of the customer or applicant.
(D) Unusual use of or suspicious activity relating to a covered account.
(1) An inactive account is used after a prolonged inactive period;
(2) Noticeable change in pattern of account activity;
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(3) Customer notifies the Finance Director or her designee of unauthorized charges or transactions in connection with a customer's account.
(E) Notice from customers, law enforcement, victims or other reliable sources regarding possible identity theft relating to covered accounts.
(Ord. passed 5-4-2009)
§ 32.29 PREVENTION AND MITIGATION OF IDENTITY THEFT.
If a county employee suspects or confirms that a security breach has occurred, the employee shall:
(A) Contact Information Security Services, Internal Audit and the Wake County Attorney's Office. Information Security Services and the Wake County Attorney's Office will assist the employee with notifying the customer and law enforcement agency.
(B) Upon confirming an unauthorized use or access, the System Administrator shall contact change any account numbers, passwords, security codes, or other security devices that permit access to the account; or close the account.
(C) The county department with the assistance of the IS Security Officer, shall determine date of the breach and collect charges for the account that are attributable to the customer.
(D) Any other appropriate action to prevent or mitigate identity theft as proscribed by each department's internal policies and procedures.
(Ord. passed 5-4-2009)
§ 32.30 UPDATING THE PROGRAM.
There shall be an annual review of this subchapter, or as more often as required by either the Finance Director or the County Attorney to update the identity theft program when the passage of new laws, statutes or discovered risks that may affect the county's compliance with the Federal Trade Regulation requirements.
(Ord. passed 5-4-2009)
§ 32.31 PROGRAM ADMINISTRATION.
The county program shall be administered by the Finance Director who is responsible for the oversight, implementation and administration of the identity theft program. The County Attorney's office
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is responsible for reviewing reports prepared by the Finance Director for the purpose of monitoring compliance and recommending material changes to the program. The Wake County Board of County Commissioners shall approve any changes.
(A) The Finance Director will report at least annually on compliance with the Federal Trade Regulations to the Wake County Board of County Commissioners, or its designee. The report shall address the effectiveness of current policies and procedures, service provider arrangements and recommendations for material changes to the program.
(B) The Finance Director is responsible for training employees responsible for or involved in opening a new covered account, restoring existing accounts or accepting payment for a covered account.
(Ord. passed 5-4-2009)
§ 32.32 VENDOR AND SERVICE PROVIDERS.
In the event that the county engages a service provider to perform an activity in connection with one or more covered accounts the Finance Director shall exercise his or her discretions in reviewing such arrangements in order to ensure, to the best of his or her ability, that the service provider's activities are conducted in accordance with policies and procedures, agreed upon by contract, that are designed to detect any red flags that may arise in the performance of the service provider's activities and take appropriate steps to prevent or mitigate theft.
(Ord. passed 5-4-2009)
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CHAPTER 33: FEES
Section
33.01 Residential waste reduction fee
§ 33.01 RESIDENTIAL WASTE REDUCTION FEE.
The residential waste reduction fee shall be established by the Board of Commissioners. The fee shall be set as part of the annual budget process.
(Ord. O-95-3, passed 2-20-1995)
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