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wkv <br />REVISED ABSTRACT ONLY <br />11/2/07 <br />ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: November 5, 2007 <br />Action Agenda <br />Item No. -q <br />SUBJECT: Provisional Status Employees <br />DEPARTMENT: Personnel PUBLIC HEARING: (Y /N) No <br />ATTACHMENTS: <br />1. G.S. § 126 -1.1, as amended <br />2. Letter: Career Status Defined for <br />Local Government Employees <br />from Office of State Personnel <br />(9/7/07) <br />3. Article I, Section 4.0, Provisional <br />Status Employees, as amended <br />INFORMATION CONTACT: <br />Annette Moore, Policy and <br />Compliance Officer <br />(919) 245 -2317 <br />Michael McGinnis, Human <br />Resources Director <br />(919) 245 -2552 <br />PURPOSE: To consider adopting an amendment to the Orange County Personnel Ordinance <br />Article I, Sections 2.0 and 4.0 to add an exception for Orange County employees covered by the <br />State Personnel Act, include a definition for "Provisional Status" Employees and to confer the <br />status of "provisional' employee on those employees who qualify according to the definition. <br />BACKGROUND: Social Services and Health Department employees are local government <br />employees subject to the State Personnel Act. (See G.S. 126- 5(a)(2)) These employees are <br />also subject to some sections of the Orange County Personnel Ordinance. On August 19, 2007, <br />the Governor signed a bill into law that amended the State Personnel Act to require that local <br />government employees covered by the State Personnel Act be employed for 24 consecutives <br />months before they become career state employees and thus gain a property interest in their <br />position. The law, G.S. § 426 -1.1, became effect immediately. (See Attachment 1) <br />"Career" status is the legal designation conferred upon an employee by the State Personnel Act <br />that gives the employee a property interest in their job that cannot be altered or deleted without <br />due process. Career status provides employees with access to the contested case hearing <br />process in the Office of Administrative Hearings and the ability to have the decision reviewed by <br />the State Personnel Commission. (See Attachment 2) <br />This state statute amendment affects employees in local social services departments, county <br />health departments and local emergency management agencies that receive federal grant -in -aid <br />funds if they have not completed their probationary period on or before August 18, 2007 or were <br />employed after that date. For those employees, that means that they are now in an at- will <br />