HomeMy WebLinkAboutord1980-0081
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ORDINANCE NO
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INTRODUCED BY:
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PROPOSED BY :��
CL0 -�/ ..
AN ORDINANCE ESTABLISHING THE PERSONNEL
SYSTEM AND RULES PURSUANT TO HOME RULE
CHARTER ARTICLE 7
WHEREAS, Section 7 of the Whatcom County Charter mandates thal
,,ri ordinance establishing a- personnel system for Whatcom County be
adopted prior to January 1, 1980.
NON, THEREFORE, BE I'1' ORDAINED BY T11E WHATCOP.1 COUNTY COUNCIL:
Section 1. �PurPose - It is the .intent of this ordinance to
provide a centralized system of personnel :management including,
but not 1 i!ni.ted to in ;u.rinr; objective recruiting and standardized
selection process; providing for standardized personnel. rules and
policies; providing a clear definition of functions, employment of
h gh auality personnel, and a personnel system based on merit; and
developing a high level of staff morale, productivity and effi.cien(
Section 2_ Basis of the_S sy•tem -
The :Personnel- System for Whatcom County shall be based on the
i c 1.1owi.ng pri.ncipa1s :
1. Recruiting, selecting, and advancing employees on the
ba:�is of their relative ability, knowledge, and skills,
inc.luding open consideration of qualified appl..icants for
initial. al:q)oi.ntments;
3. Providing equitable and adequate compensation;
3. Training eniployees, as needed, to assure high- quality
pe r f or manse ;
q. Retaining employees on the basis of the adequacy of their
performance, correcting inadequate performance, and
separating employees whose inadequate performance cannot
be corrected;
01-:-d_i:nance
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5. 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 or mental or
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physical handicap and with proper regard for privacy and
constitutional rights as citizens; and
6. 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 the result of an election or nomination
for office.
Section 3 -- Scope - This ordinance applies in. its entirety to
f �,I' County p.)si.;ions except -
A. Those positions exempted from coverage by ARTICLE 7.20 of
the County Charter,
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B. Tho:-,e employees covered by an existing civil service syste
C. The Court Reporters of the Superior Court, and any other
employee of the Court determined by the Court to be exempt
D. The Attorney's and any other employees of the Prosecuting
f Attorney's Office determined by the Prosecutor to be exemp
I'. Thorpe employees serving in temporary, seasonal, or part-
time County positions.
F. Any employees of the District Court determined by the
Court to be exempf. .
G. Alulti.- Agency Groups who have no agreement with the County
for Personnel Services.
Section 4 - Definitions -
1, Exempt Employee when used in this ordinance shall mean an
employee who is not a member of a bargaining unit.
2. A Part Time Employee when used in this ordinance shall me, .
an emp-loyee who is maid by the hour an(-) E ^%ho works less th.,.
90 hours a month.. A Dart. Time Employee 'is paid out of the
Extra Help category in the Budget.
Ordinance -- 2
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3. A is an employee who may work full t;ir_?c
in a department f.or° a cons ecut.i.ve period not to exceed. 89
days replacing a :regular permanent employee. A temporary
employee may be paid from Extra Help or in some instances,
from the lane item salary of -the person the temporary
employee is replacing.
CETA or other similar federal program employees are
considered to be temporary employees, regardless of length
of service.
4. A Full. Time Employee is one Y�,7ho is either serving or hag
completed serving a probationary period and who fills a
permanent authorized position in a. County department.
5. A Seasonal Employee is one who is hired on a temporary
basis to work for ;,) specific limited time period. Example
are persons hired during the summer to help maintain
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j grounds, direct summer program activities or to teach
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c]_ ,asses in a special program.
6. E'ntry Level are th:)se positions which are at the low end
of the pay range and are considered as beginning positions
in a career field. Entry level positions are those open
to anyone who wishes to apply.
7. Promotional Positions are positions which are initially
open only to current County employees, either within a.
department or with-in County government as a whole. If no
one within the organization is selected to fill a promo-
tional position, the position becomes an entry level for
the purposes of this.ordinance.
Section 5. Union Contracts - The special requirements, if
any, of Collective Bargaining Agreements which affect any section
of this ordinance shall be respected in -the interpretation and
execution of this ordinance.
{� :r,linance - 3
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Section 6^ Personnel_ Department Established -
A. There is hereby established a Personnel. Department for
Wha.tcom County, the executive head of which shall be the
Director of Personnel. 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:
l.. Encourage and exercise leadership in the development
of effective personnel administration within the
several departments in the County government service,
and to make available the facilities of the department
of personnel to -this end.
2. Advise the County Executive on manpower utilization.
gib. roster and develop programs for the improvement of
employed effectiveness including training, safety,
hc� lth, counseling and welfare.
4. Investigate from time to time the operation and effec-
tiveness of this law and of the policies made there-
under and to report his findings and recommendations
to the County Executive.
5. Make an annual report to the County Executive regardi
the work of the department.
6. Establish and maintain a secure, 'centralized record
system for all employees in the government services,
in which there shall be ;yet forth as to each employee
the class, title, pa.y or status and other relevant
data as established in the Personnel Policies and
Procedures.
7. Establish, maintain, and administer the entry level
and promotional recruitment, screening, and selection
practices for all departments of Whatcom County,
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except those covered by Civil- Service or otherwise
exempted.
8. Promote good relat:i.on.s; resolve
grievances and personnel- problems; participate in
union negotiations, and monitor compliance with the
various collective bargaining agreements between Union
and the County.
9. Assist the Prosecutor's Office in arbitration proceedings
and related litigation involving personnel matters.
10. Monitor and insure compliance on the part of the Count
with federal, state, and local laws or regulations
dealing with Equal Opportunity Employment, the laws
against discrimination, and the County Affirmative
Action Flan.
11. Maintain the Affirmative Action Plan and other periods
reports to the EEOC, the Washington State Human Rights
Commission and similar agencies.
12. Conduct studies or research necessary to the admini-
stration of the personnel function including wage
.:studies, job analysis, re- classification of positions,
and minority representation in employment.
13. Assist departments to resolve in an equitable way,
difficult personnel problems which may arise between
county offices and the union, or employees..
14. lHo.nitor the effectiveness of -the merit and eva.luat :ion
system implementing changes when necessary.
15. Draft and periodically update standardized personnel
policies and. procedures which affect Country offices.
a. Personnel policies and 'Procedures shall be develol ed
taking into account, input from County admini-
strators and from the employee groups ai'fected.
Uxdina.nce -- 5.
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I b. Personnel Policies and Procedures, once approved
2 by the County Execultive and. County Council, shall
3 be adopted by Resolution.
4 B. The Pc-.�rsonnel_ Director is designated a.s th(.! Equal. Opportun ty
5 Coordinator for Whatcom County.
6 C. Thci Personnel Director is designated to represent the
7 interest of both the employee and the County as a whole,
8 with respect to the resolution of disputes between employe s
9 and/or the union and the various county departments. When
10 a dispute arises that cannot be settled between the Union
11 (employee) and the department head, the Personnel Director
12 shall make an investigation of the circumstances and facts
13 of the dispute, reviewing the applicable directives and
14 contracts bearing on the case, confer with the Prosecuting
15 Attorney's office for legal advice, and shall make a writt n
16 recommendation. to the Department Head as to the action he
17 believes should be taken -to fairly resolve the dispute.
18 Section '7,, Fesponsibilities of Officials -
19 1. The County Executive. The County Executive is responsible
20 for the overall. adininistx-at ion (-.):E the personnel system of
21 the County in accordance with the objectives outlined'in
22 this ordinance.
23 2. The Personnel. Director. The Personnel Director is respon.-
24 sible to the County Executive for carrying out the tasks
25 outlined in Section. 6 of this ordinance,,and, together wit�,
26 with the Elected Officials and other Department Heads, is
27 responsible for the implementation of County Personnel
28 Rules and Procedures.
29 Section 8. Selection Procedures
30 A. Entry level positions. Entry level positions shall be
31 open to any individual who wishes to apply. The Personnel
32 Office shall insure that positions are advertised in one
or more newpapers for at least three days in addition to
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other dissemination methods, and that applications are
ace-.epted for at least five working days. The selection
process shall conform to Affirmative Action and FEOC quid
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B. Promotional Positions. Vacancies in positions shall be
filled by first op(ning the job to qualified individuals
currently employed 'by the County. Notice of intent to
fill vacancy shad be published first within the depart -
menu, then if necessary, within other County departments
for at least three days. If in the opinion of the recruit
ing department: head, no satisfactory applicant applies,
the position shall be advertised to the geneEa7, public as
outlined in paragraph A.
C'. Exempt Positions.
1. In order to promote morale and encourage personal
development on the part of employees, as well as incur
the recruitment of the best qualified individuals,
exempt vacancies may be filled by the department head
from among qualified members from the department.
2. If the department head chooses, the vacancy shall be
opened to the public for applications as described in
Pa rage aph A above..
D. Department Heads. Vacancies in department head positions
stall be filled through open competition in order to find
the best qualified individual. The Personnel Department
shall insure that positions are advertised in one or more
newspapers for at least three days in addition to other
dissemination methods, and that applications are accepted
for at least :five working days. The Selection process
shall conform to Affirmative Action and EEOC guidelines.
A Selection Board ,shall be convened by the Personnel
Director to screen and recommend not less than three names
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to the County ExeciA ive as finalists for the position.
The County Executive shall not be a member of a Selection
Iooard convened to 4creen and recommend department head
app. 1. icants .
E. Current Job Description R?equired.
1. 'To vacancy shall be filled in any department unless or
t<ntil_ a current job description, approved. by the
Personnel Director,exists.
2. Applicants for vacant positions must in the opinion of
the Selection Board, meet the minimum qualifications
for the job, In the event no applicant meets the
minimum qualifications for the job, the vacancy shall
be re- advertised. Provided that ii? the Department Hea
chooses, he may appoint the most qualified of the
applicants as a. 1°Trainee" in the position vacancy. The
compensation for an employee in trainee status shall be
less than the normal hiring rate for the class. In
each case in which the training period extends beyond
the normal probation period established by a union
Contract, written agreement of the Union extending the
probation period must be obtained before the individual
is hired.
F. Select ion Of Appl :i_c ant .
1. The Selection Board. The Selection Board shall. consist
of not less than three members and ;hall:
a. except -when the department head is being selected,
include a representative of the department in
which the vacancy exists, appointed by the depart-
ment head, but not the department head him /herself;
b. include a representative of the Personnel Department;
C. include one or more members selected at large. At
large members shall be appointed by the Personnel
Director i,rith the concurra.nce of the Department 14.Oad..
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2. When a Board is to be convened. A Board shall be
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convened to screen applicants for all vacancies except
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for Promotional and exempt vacancies, other than
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department head vacancies, when less than four applica
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tions are received from basically qualified individual
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from within . the department or the eounty for a promo- -
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tional vacancy within that department.
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f The Screeninrocess. All applications for a
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shall be reviewed by the Board, and evaluated on the
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basis of education, experience, training, and general.
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F qualifications for the vacancy. No less than three of
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' the top applicants shall be interviewed for the va.canc
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� If less than three individuals apply for a position,
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the position shall be re- advertised.
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a. The three top candidates selected from among those
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:interviewed, shall be recommended to the Department
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Head for appointment. In the event the Department
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Head finds none of the three acceptable, more
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applicants shall be interviewed until a second
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three qualified candidates are found for recommendi-
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tion. If' no satisfactory candidate is found among;
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the six candidates recommended, the position shall
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be re-advertised.
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4. Applications of unsuccessful applicants for a class
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shall be kept on file and during the next six months,
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shall be considered for other vacancies in that same
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class. Vacancies which occur during this period, for
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classifications for which current application are on
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file, need not be .re- advertised. Instead, selection
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may be made from those on fil.e. If fewer than six
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applications are on file, the position shall be re-
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advertised.
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Section 9. Classification and Pay
The Personnel Director shall make a periodic evaluation of the
classification system of the various offices in County government
to insure that work performed in specific classes is approximately
the same in all departments. Establishment of new classifications
and the evaluation of the existing system shall. be based on the
Job analysis and the needs of the department. Pay plans shall be
based on the classification system, an(,--I pay schedules may be netro-
tiated through collective bargaining,
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Section 10. Training.
The County recognizes the importance of training in developing
effective efficient employees. The identification and satisfaction
of specialized. training needs is the responsibility of the individu .l
department head. The Personnel Office, upon request, and, in cases
wh.er. e a ger]c ral requirement for a specific type of training exists
in more than one department, at its own initiative may coordinate
='V or arrange training seminars, workshops or courses to fill
t;erieral tr. ainin ; needs; of the County.
Section 11. Retention, Productivity and Evaluation of Employe S.
Person.r],,l policies which irmplesrsent the purpose of this ordinan,:e
yh;.11_ be suibmitted by the County Executive for adoption by Re:soluti n
of the County Council. Permanent appointment to a, position shall
not be made ant-il satisfactory completion of a probation period.
Section 12. Equal Employment Opportunity and Affirmative Acti n.
An Affirmative Action Program consistent with merit principles
will be developed and implemented by the County in accordance with,
existing laws and regulations. The Personnel Office shall coordinate
the efforts of all affected County offices in achieving the Affirma
't::i,j'e Acti.oro.'z Goals of Whatco,m County as expressed in its Affirmative
Ac t; ion .pI act
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Section 13... Political Activity..
�';hatcorra County recognizes the right pf every employee to expreLs
his or her views as a. citizen, to pursue their legitimate involveme t
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:Ln the political. system, anti. to vote as they please. PROVIDED -that:
no county empI_oyee shall expend public funds, or supplies, or work
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towards the campaign of any candidate or issue whi)..e on county time,
u.n? ess the activity is one .r.>ermitted. by law.
Section 14. 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, .faci.liti,s
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 agree-
ments do not conflict with the merit principals of this
ordinance.
B. The Director, acting in 'rj hU1 of the County Executive,
may cooperate with other governmental agencies charged
with public personnel administration in conducting
personnel tests, recruiting personnel., training personnel_,
and establishing lists from which eligibles shall be
certified for appointment.
Section 1.5. Unlawful Acts Prohibited.
A. No persons shall make any false statement, certificate,
mark, rating or report with regard to any application,
test., certification or appointment made under any provisio
of this law or in any manner commit or attempt to commit
any fraud preventing the impartial execution of this law
and policies.
13. No person shall directly or indixectly,give, render, pay,
offer, solicit, or accept. any money, service, or other
valuable consideration for any appointment, proposed
ap )ointment , promotion or proposed promotion. to, or any
`i.dv<. ntage in, a po< :ition in the career service.
C. No employee of the personnel department,, examiner, or
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other person shall defeat, deceive or obstruct any person
in his right to examination, eligibility, certification or
appointment under this .law, or furnish to any person any
special or secret information for the purpose of affecting;
the rights or prospects of any person with respect to
employment in the career service.
U. Discovery of an unlawful act shall establish reasonable;
cause for immediate dismissal.
Section 16. Separability.
if any provision of -this law or of any policy or order there-
tinder, or the application of such provision to any person or
circt.imstances shall be held invalid, the remainder of this law and
1h(" application of such provision of this law or of such policy
o.r• order to persons or circumstances other than those to which it
is held invalid shall not be affected i; hereby.
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ADOPTED this day of 1980.
ATTEST: Joan Ogden
County Auditor & Ex-Officio
Clerk of -the Council.
BY
Deputy
Approved as to form:
Z'
Deputy Prosecuting Attorney
( >) Approved Vetoed
X�
Exe.. iv
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Shirley Va.niZantdii, Chairperson
Date:
'M 117R
..thlished on and c:2//V