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For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPOINTING AUTHORITY. The officer, individual, board or group, who by law or legally delegated authority, has the authority to appoint or to remove personnel from positions as county employees.
APPOINTMENT. The offer and the acceptance of employment in the county service.
BOARD. The Will County Board.
CLASS. One or more positions sufficiently similar with respect to duties and responsibilities that the same descriptive title may be used with clarity to designate each of the positions; that the same minimum qualifications are appropriate for the performance of each position; that the same test of fitness may be used to rank applicants on the basis of merit; and that the same schedule of pay may be applied to similar positions.
CLASSIFICATION PLAN. A list of classes in the classified service by official title. For each class, a specification shall be prepared which shall set forth the duties, responsibilities and authority thereof, and the minimum qualifications necessary for entry into any of the positions in the class.
CLASSIFIED EMPLOYEE. Any employee, in the classified service, who has satisfactorily completed the probationary period and has been so certified by the appointing authority.
CLASSIFIED SERVICE. All positions and employees in the county services, subject to the provisions of this chapter.
COUNTY. The Will County government.
DEPARTMENT. A county governmental unit, under the control of an appointing authority, which has a separate operating budget, approved by the Board.
DIRECTOR. Director of Personnel.
ELIGIBLE. A person who is deemed qualified for entry into a specific class.
EMPLOYEE. A person who is paid a wage, salary or stipend from public monies, in accordance with official entries on a county payroll.
LIST OF ELIGIBLES. The persons, who have met the minimum requirements, for entry into a class.
PART-TIME EMPLOYEE. An employee, who works less than 30 hours per week, unless elsewhere defined otherwise.
PERSONNEL. The Personnel Director and related employees.
POSITION. A specific employment, whether occupied or vacant, involving the duties requiring the services of one person.
PROBATION. A specified period of employment, following appointment re-employment, transfer, promotion or demotion, it is the final step in the qualification process, during which work performance of an employee is evaluated.
PROMOTION. A change in the assignment of an employee from a position in one class to a position in another class having a higher range of pay; the converse is DEMOTION.
SUSPENSION. The temporary separation of employees from their duties and position.
TEMPORARY EMPLOYEE. An employee who, by prearrangement, works at given position for not more than four months per year, unless elsewhere defined otherwise.
UNCLASSIFIED SERVICE. All positions, in the county service, which are exempt from the provisions of this subchapter and from the rules pertaining thereto.
(Res. 88-173, passed 11-17-1988)
All offices and positions of the County Personnel Service shall be in the classified service, except for those employees defined as “Excluded” in the United States Fair Labor Standards Act (USFLSA), as now or hereinafter amended, i.e.:
(A) Elected officials;
(B) Appointed Board and Commission members;
(C) Retained legal counsel and/or legal advisors;
(D) Other bona fide independent contractors;
(E) Bona fide volunteer workers;
(F) Convict laborers; and
(G) Certain part-time/provisional/recreational/ seasonal/temporary workers.
(Res. 88-173, passed 11-17-1988)
The County Board shall:
(A) Be empowered to promulgate and amend rules, pertaining to the County Personnel Service System, which, upon adoption by a majority vote of the Board, shall:
(1) Be submitted to the County Executive; and
(2) Become effective 60 days thereafter, unless otherwise vetoed.
(B) By its rules or legislation, provide for provisions, on the basis of ascertained qualifications, which shall include education and experience and which may include seniority considerations;
(C) When and where practicable, favor the filling of vacancies, by promotions, in those cases in which all candidates are qualified;
(D) Provide for the review of any grievance or disciplinary actions, concerning an employee, when appealed by that employee, and issue a final determination;
(E) Investigate or require the Director of Personnel to investigate any matter, as it deems appropriate or considers necessary concerning the management and administration of county personnel; and
(F) Perform other duties, as may be expressly set forth, in rules or regulations, adopted pursuant hereto.
(Res. 88-173, passed 11-17-1988)
The Director of Personnel shall:
(A) Be appointed and removed by the County Executive, only with the advice and consent of a majority of the County Board;
(B) Be a person, experienced in the field of personnel management and administration, particularly in the application of merit principles and labor relations;
(C) Perform those duties, as may be assigned, including to:
(1) Apply and carry out the provisions of this chapter, and the rules and regulations adopted hereunder;
(2) Develop in cooperation with appointing authorities and others, programs for improvement of employee effectiveness and efficiency;
(3) Review, as necessary, the operations and effect of this chapter and of the rules promulgated pursuant thereto and report accordingly to the County Board and appointing authorities;
(4) Encourage and exercise leadership, in the development and implementation of effective and efficient personnel management and administration, with among county appointing authorities and others; and
(5) Perform other lawful acts, which the Director may consider necessary, desirable or appropriate to carry out the purpose of this chapter and other, subsequently adopted, implementing measures.
(D) Prepare and submit to the County Board proposed rules for the classified service;
(E) Give at least ten days’ notice to appointing authorities and others affected, or proposed rules and give them the opportunity, upon their request to appear before the County Board or its designated Committee(s), to express their views thereon, before action is taken by the County Board;
(F) Recommend rules, which shall provide for:
(1) Preparation, maintenance and revision of a position classification plan for all positions in the classified service, based upon the similarity of duties performed and responsibilities assumed, so that the same qualifications may reasonably be required and the same schedule of pay may be applied to all positions in the same class. Each position authorized by the Board shall be allocated by the Director to the proper class;
(2) Promotion which shall give appropriate consideration to the applicant’s qualifications, record of performance, seniority and conduct. Vacancies shall be filled by promotion whenever practicable and in the best interest of the county service, and preference may be given to employees within the department in which the vacancy occurs;
(3) Open, competitive examinations, to determine the relative fitness of applicants for the respective competitive positions, when necessary and/or appropriate;
(4) Competitive selection of employees for all classes in the classified service;
(5) Establishment of lists of eligibles for appointment and promotion, upon which lists shall be placed the names of successful candidates in the order of their relative excellence in their respective qualifications. The duration of eligible list for initial appointment shall be for no more than one year, unless extended by the Director for no more than one additional year; lists of eligibles for promotion shall be maintained for as long as they are considered valid by the Director;
(6) Certification by the Director to the appointing authorities of not more than the top five names from the list of eligibles for a single vacancy;
(7) The rejection of candidates who do not comply with reasonable job requirements or are illegal aliens;
(8) Period of probationary employment. During the initial probation following appointment any employee may be discharged or demoted without charges or hearing except that applicants or employees, regardless of status, who have reason to believe that they have been discriminated against because of religious opinions or affiliation, or race, sex or national origin in any personnel action may appeal to the Board in accordance with the provisions of this subchapter, or in appropriate rules established by the Board pursuant thereto.
(9) Provisional employment without competitive examinations when there is no appropriate eligible list available. No person hired as a provisional employee shall continue on the county payroll longer than six months per calendar year nor shall successive provisional appointment be allowed;
(10) Transfer from a position in one department to a position in another department involving similar qualifications, duties, responsibilities and pay;
(11) Procedures for authorized reinstatement, within one year, of persons who resign in good standing;
(12) Layoff by reason of lack of funds or work or abolition of the position, or material changes in the duties or organization, and for the layoff of non-tenured employees first, and for the re-employment of permanent employees so laid off, giving consideration in both layoff and re- employment to performance record and seniority in service;
(13) Keeping records of performance on all employees in the classified service;
(14) Suspension, demotion or dismissal of an employee for misconduct, inefficiency, incompetence, insubordination, misfeasance, malfeasance or other unfitness to render effective service and for the investigation and hearing of appeals of any employee recommended for suspension, demotion or dismissal by a department head for any of the foregoing reasons;
(15) Establishment of a plan for resolving employee grievances and complaints, including an appeals procedure;
(16) Hours of work, holidays and attendance regulations, and for annual sick and special leaves of absence, with or without pay, or at reduced pay;
(17) Development of employee morale, safety and training programs;
(18) Establishment of a period of probation, the length of which shall be determined by the complexity of the work involved, but which shall not exceed one year without a special written approval from the Board; and
(19) Any other rules, not inconsistent with this chapter, as may be proper and necessary for its enforcement.
(G) Acting by and on behalf of the county, shall as practicable, cooperate with other governmental agencies, charged with public personnel management and administration.
(Res. 88-173, passed 11-17-1988)
Upon the initial implementation of this subchapter, incumbent employees may obtain classified status, as follows.
(A) Employees, holding position in the county classified service, who have satisfactorily completed their prescribed probationary period shall, upon the certification of the manager or the head of the agency or department in which they are employed, be continued to their positions in the classified service.
(B) Employees, holding positions in the county classified service, for less than their prescribed probationary period shall, upon certification of the manager or head of the agency or department in which they are employed, be continued in their positions in the classified service until they have satisfactorily completed their prescribed probationary period.
(Res. 88-173, passed 11-17-1988)
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