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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: June 15, 2010 <br />Agenda <br />Item No. <br />SUBJECT: Amendment to Orange County Personnel Ordinance Article IV, Section 15.0, <br />Military Leave <br />DEPARTMENT: Human Resources <br />ATTACHMENT(S): <br />1. Current: Orange County Personnel <br />Ordinance Article IV, Section 15.0 and <br />Proposed: Amendment to Article IV, <br />Section 15.0, Military Leave <br />2. Military Leave Administrative Rules <br />and Regulations <br />PUBLIC HEARING: (Y /N) No <br />INFORMATION CONTACT: <br />Michael McGinnis, Human Resources <br />Director, 245 -2552 <br />Diane Shepherd, Benefits Manager, <br />245 -2558 <br />Annette Moore, Staff Attorney, 245 -2317 <br />PURPOSE: To consider an amendment to Article IV, Section 15.0 of the Orange County <br />Personnel Ordinance relating to Military Leave. <br />BACKGROUND: The Orange County Personnel Ordinance was adopted in 1985. Since its <br />adoption, laws affecting the rights and responsibilities of both employees and employers have <br />changed significantly. <br />In 1994, Congress enacted the Uniformed Services Employment and Reemployment Rights Act <br />(USERRA).1 USERRA expanded the rights afforded under the Veterans Readjustment <br />Assistance Act by protecting military servicemembers' and veterans' civilian employment rights <br />when these individuals have been called up to serve or have served in the uniformed services. <br />USERRA also protects servicemembers from discrimination because of their military service <br />and has been expanded to include National Guard servicemembers who are called to active <br />duty beyond the customary two week training period. <br />In addition, the North Carolina General Statutes provide that the Governor make "policy and <br />regulation relating to leave of absences for short period of military training and for State or <br />federal military duty or special emergency management service" for both state and local <br />government employees.2 <br />Although the County has complied with <br />has not been amended to reflect the <br />employees, who are members of North <br />' 38 USC 4301 et seq. <br />2 N.C. Gen. Stat. §127 -116 <br />USERRA and the state law, the Personnel Ordinance <br />changes made in the legislation. Several County <br />Carolina National Guard, have been called up to serve <br />