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APRIL 1, 1982 ORDINANCE.NO. 82 =36 Introduced,by Van.Zanten
.AN ORDINANCE.AMENDING-ORDINANCE N0. 80 -8; ADOPTED.FEBRUARY 7, 198.0; AND. REPEALING
CHAPTERS 2.60 VACATIONS: 2.62 SICK LEAVE; SECTIONS-2i64,010-and 2.64.020 EMPLOYEES,.
MISCELLANEOUS PROVISIONS; AND CHAPTER 1.15, ORD.INANJE ESTABLISHING MERIT SYSTEM
FOR EMPLOYEES OF DEPARTMENT OF PUBLIC WORKS OF THE WHATCOM COUNTY .CODE
WHEREAS, Whatcom County- has.recently contracted.for an evaluation of its Personnel
Ordinance and the resulting recommended changes.to the Ordinance have been amde,.and;
WHEREAS, Certain sections of the existing Whatcom County Code are in conflict with
existing labor agreements or with the Personnel Ordinance;
NOW, THEREFORE, BE IT.ORDAINED BY THE WHATCOM COUNTY COUNCIL;
Section 1:. Chapter 2.60 VACATIONS, Chapter 2.62 SICK LEAVE, and Sections 2,64,010 and
•2.64.020.of EMPLOYEES -- MISCELLANEOUS PROVISIONS,. and Chapter 1.15 ORDINANCE ESTABLISHING
MERIT SYSTEM FOR EMPLOYEES OF DEPARTMENT OF PUBLIC WORKS, WHATCOM.COUN'TY CODE:.are. each
hereby repealed. .
Section 2, Ordinance No. 80. -8, entitle AN ORDINANCE ESTABLISHING THE.PERSONNEL
SYSTEM AND RULES PURSUANT TO HOME RULE CHARTER.ARTICLE 7 is hereby amended as follows;
Section 1 - Purpose. It is the intent of this ordinance to provide a centralized
system of Personnel management including', but not limited to., insuring an objective
recruitment and standardized selection process; providing for standardized personnel
policies and procedures; providing a clear definition of personnel and employment
functions, employment. of high quality personnel, and a personnel system.'based on
merit; and developing a high level of staff morale, productivity and efficiency.
Section .2 - Basis of the System, The Personnel System for Whatcom County shall be .
baseT on the following principles;
A. Recruiting, - selecting, and advancing employees on the basis of their relative
ability, knowledge, and skills, including open- -consideration.of qualified
applicants for initial appointments;
B. Providing equitable and adequate compensation;
C. Training employees, as needed to assure high - quality performance;
D. 'Retaining, employees on the basis of the adequacy of their performance, correcting,
inadequate performance, and separating employees whose inadequate performance
cannot be corrected.
E. Assuring fair treatment of applicants and employees in all aspects of personnel.
administration without regard to political affiliation:; race; color; national
origin;.sex; age; marital status'; religious creed;. sensory, mental or physical
handicap';. and with property regard for privacy and constitutional rightsias
citizens; and
T. Assuring that employees are protected against coercion for partisan political
purposes and are prohibited from using their official authority for the-,,..purpose of interfering-with or affecting t%he result of an election or nomination for
office.
SECTION 3 'Scope. This ordinance applies in its entirety to all County.positions
except
A. Those positions exempted from coverage by the County Charter.
B. Employees of the Sheriff's Deaprtment.in all matters of selection,.appointment,
promotion, transfer, reinstatement, demotion, discipline., suspension and.
discharge under the Whatcom .County Civil Service Commission Rules and Regulations.
C. The-Court Reporters of the Superior Court,. and any other employee of the Court
identified by the Court to be exempt from this ordinance.
.D. Deputy Prosecuting'Attorney's,
E. Any employees of the District Court identified by.the Court to be exempt from
this ordinance.
F. Multi- agency groups who.have no contractural agreement with the County for
personnel services.
G. Those employees serving in temporary, seasonal, or part -time County positions.
SECTION 4 - Union Labor A reements. The special requirements, if any, of collective
bargain ng agreements which affect any section of this ordinance shall be respected in the
interpretation and application'of this ordinance.-
Section 5 - Department of Personnel Established.
A. .There. is hereby established a Department of Personnel for Whatcom County, the
executive head of.which shall be the Director of Personnel. The. Director of.
Personnel shall be appointed by the County Executive, subject to approval by
the County Council, The Director of Personnel shall be experienced in management
and administration and shall direct all of the department administrative and
technical activities and shall appoint its employees. It shall be his /her duty to;
1) Administer the proivisions of this Ordinance, ensuring compliance by All
County departments.
a) Encourage and exercise leadership in the development of effective personnel
administration within the various departments ins:the County and make
available the facilities of the Department of.Personnel to further this
objective.
2) .Advise the County Executive on work force utilization.
3) Foster and develop programs for the improvement of employee effectiveness
including training, safety, health, counseling and welfare.
4) Investigate from time to time the operation and effectiveness of this ordinance
and of the policies made thereunder and to report his /her findings and recommenda• '
tions to the County Executive.
5) Develop an annual report to the County Executive regarding the activities of th'e
Department of Personnel.
6). Establish; maintain and administer a secure, centralized record system for all
employees in the County in which:there shall be set forth as to each employee
relevant data as established in the Personnel Policies and Procedures.
7) Establish, maintain, and administer the entry level and promotional recruit-
ment, screening, and selection practices for all departments of Whatcom
County, except those departments and positions covered by Civil Service or
otherwise exempted from the Ordinance,
8) Promote good union - management relations; resolve grievances and personnel
problems; participate in union negotiations;.and assure compliance by all
departments with the provisions of the various collective bargaining agreements
between unions and the County.
9) Assist the Prosecuting Attorney's Office in arbitration proceedings and related
_____litigation involving personnel matters.
10) Monitor and insure the County's emplianee with federal, state.,, and local laws
or regulations dealing with Equal Employement Opportunity, the laws against .
discrimination and sexual harassment, and the County. Affirmative Action Program.
11) Maintain the Affirmative Action Program and provide periodic reports to the
Equal Cmployment Opportunity Commission, the Washington State.Human Rights
Commission, and similar agencies.
12) Conduct studies or research necessary to administer the personnel function
including but not limited to wage studies; job...a.nalysis, reclassification of
positions., and minority reporesntation in employment.
13) Monitor the effectiveness :of the merit and evaluation system, implementing
changes when necessary.
14) Draft and periodically update standardized Personnel Policies and Procedures
which affect County employees.
a) Personnel Policies and Procedures shall be. developed after taking into
account. input from County administrators and from the employee groups
affected.
b) Personnel Policies and Procedures, once approved by the County Executive
and County Council, shall be adopted.and amended by Resolution.
B. The Director of Personnel is designated as the Equal.Employment Opportunity
Coordinator for'Whatcom County.
Section 6 - Responsibilities 'of Officials.
A'. The Covat'y E'xecu'tive, The County Executive 'is responsibl4 for the . overall-
"Ministration of t e personnel system of the County in accordance with the.objec-
tiVes outline in this ordinance. _.
B. The Direct or' of Personnel, The Direcb6ir,df Personnel is responsible to the.County
Executive for carrying out the tasks outlined in Section 5 of this ordinance and,
together with the elected officials and other department heads, is responsible for
the implementation of County Personnel Policies and Procedures.
C. Department Heads, 'It shall be the responsibility of the heads of all county depart -
ments to set up a maintain accurate records governing sick leave, vacation., holiday,
and other paid leave for each employee.
Section 7 - Recruitment.and Selection Policies,
A. The recruitment and selection policies, of Whatcom County shall be based on open
consideration of qualified applicants, subject to specific recruitment and selection
procedures for different categories of .positions. Recruitment and selection proce-
dures shall be set forth in the Personnel.Policies. and Procedures developed by the
Director of Personnel..
B. No vacancy shall be filled in any department unless or until a current job descrip-
tion has been approved by the Director of Personnel.
Section 8 _ Classification and Pay. The Director of Personnel shall conduct a periodic
evaluation of the. classification -system of the Coumty to insure its integrity. Changes
in the duties and responsibilities of existing positions or classifications, and requests
to establish new classifications shall be evaluated by the Director. Placement of a
position or classification within the classification plan shall be made on the basis of
job . analysis, evaluation of the level of knowledge, skills, abilities, the responsibili-
ties and duties required, and the needs of the department. Pay plans shall be based on
the classification system.
Section 9 - TraLnin . The County recognizes the importance of training in developing
f
effective, o cient employees. The identification and satisfaction of specialized
training needs is the responsibility of the individual department.head. The Department
of Personnel, upon request and in cases where a general requirement for a specific
type of training exists in more than one department, or at training seminars, workshops
or courses to fill general training needs of the County.
Section 10 - Retention and Evaluation of Employees.
A. Permanent appointment to a position shall.not be made until satisfactory completion
of a probationary period.
B. Employee performance shall be reviewed periodially according to the evaluation
system.
C. Personnel Policies and Procedures that implement the principles of performance.
appraisal and separation of employees whose performance is unsatisfactory shall be
developed and administered by the Director of Personnel.
D. The County reserves the right to reduce the County work force in the .event of a
reduction in work or budget cutbacks. Such reductions in work force will be conducts
as determined by the County Executive or in accordance with theprovisions of the
applicable collective bargaining agreements.
Section '11 - Equal Em to ement 0 ortunit and Affirmative Action. An Affirmative Action
Program.consistent with merit principles will be developed and mplemented by the County
in accordance with.existing laws and regulations. The Department of Personnel shall'
coordinate the efforts of all effected County offices in achieving the goals delineated
in the Affirmative Action Program.
Section 12 Political - Activity. Whatcom County recognizes the right of every employee
to express his or her v ews as a citizen, to pursue legitimate involvement in the
political system, and to vote as he or she pleases, PROVIDED that no County employee
shall expend public funds,.or supplies, or work.toards the campaign of any candidate
or issue while on County time unless the activity is permitted by law.
Section 13 - Agreement Authorized,
A. The County is authorized and empowered to enter into reciprocal agreements upon
such terms as may be agreed upon for the use of tests, equipment, materials,
facilities, and services with any public agency or body for purposes deemed of
benefit to the personnel system, provided that the methods employed in executing
the cooperative agreements do not conflict with the merit principles of this
ordinance.
B. The Director of Personnel, acting in concurrence with the County Executive, may
cooperate with other governmental agencies charged with public personnel adminis-
tration in conducting personnel tests, recruiting personnel, training personnel, and
establishing lists from which eligible applicants shall be certified for appointment.
Section 14 - Unlawful Acts Prohibited.
A, No person 'shall make any fal -se statement, ertificate, mark, rating or report with
regard to any application, test', certification or appointment make under any
j provision of this ordinance or in any manner commit or attempt to commit any.,
I fraud preventing the impartial execution of this ordinance and related policies.
11 B, No person shall directly or indirectly.given, render, pay, offer, solicit, or ,accept
any money,.-service, or other valuable consideration four anu appointment, proposed
appointment, promotion or proposed promotion to, or any advantage in, a position
with the County.
C. No employee of the Department of Personnel, Examiner, or other person shall.defeat, .
deceive or obstruct :any. person in his or her -right to examination, eligilitiy;
certification, or appointment under this ordinance,.or furnish to any person any
special or secret information for thepurpose of affecting the rights or prospects .
of any person.with respect to employment by -the County.
D. .Discovery of-an unlawful act as identified above shall establish reasonable cause
for immediate dismissal.
Section 15 -=Se 'arabilit . 'If any provision of this ordinance or any policy or order.
j,
thereunder, or the application.of such provision to any person or circumstances shall
be held invalid, the remainder of this ordinance and the application of such provision
of this ordinance or of such policy or order to persons or circumstances other than
i those to which it is held invalid shall not be affected thereby,
APPROVED this 3rd day of June, 1982.
(COUNCIL SEAL) WHATCOM COUNTY COUNCIL.
WHATCOM COUNTY, WASHINGTON
ATTEST: Carol Ebergson
Clerk of the Council William P. Roehl, Chairman
APPROVED: John Louws, County Executive
June 7, 1982
Published on April 9 and June 15, 1982
Effective Date: June 17, 1982
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