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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: August 17, 2010 <br />Agenda r <br />Item No. ~ <br />SUBJECT: Amendment to the Orange County Personnel Ordinance, Article II, Recruitment <br />and Employment to Add Section 5.7 Appointments of Incumbents and Others to <br />Vacant Positions <br />DEPARTMENT: Human Resources <br />PUBLIC HEARING: (Y/N) No <br />ATTACHMENT(S): INFORMATION CONTACT: <br />1. Amendment to Article II, to Add Michael McGinnis, Human Resources <br />Section 5.7 to the Orange County Director, 245-2552 <br />Personnel Ordinance Annette Moore, Staff Attorney, 245-2317 <br />PURPOSE: To consider an amendment to Article II, Sections 5.0 Appointments, a Section 5.7 <br />Appointments of Incumbents and Others to Vacant Position. <br />BACKGROUND: Currently for any vacancy that exists within the County the County must go <br />through the process of posting the position, accepting applications and interviewing candidates <br />for positions. In most cases this is desirable and necessary to ensure fair and competitive <br />hiring process. However, there are occasions this process is an impediment to efficient <br />operation of County government such as: <br />• to reduce the budget; <br />• to avoid a reduction in force; <br />• for disciplinary transfers or demotions; <br />• for the transfer of an employee to avoid the threat of bodily harm; <br />• to prevent work stoppage in constant demand situations; <br />• to effect a legally binding settlement agreement; or <br />• to protect the public health, safety, or security <br />Examples of when this situation might apply are fairly common within the County's hiring <br />process. Often a qualified permanent employee, non-permanent employee, or contracted <br />employee is used to fill a vacancy created by the departure of another individual. That <br />temporary assignment has commonly been for an extended period of time. (Currently all vacant <br />positions are frozen for six months. Thus for most filled positions a temporary assignment can <br />last at least six months.) <br />On that basis, the County and temporarily assigned employee have invested six months in <br />training and developing necessary skills for the position. If the Department Director, Employee <br />and County Manager concur on a permanent assignment of that temporary employee to that <br />assignment on a permanent basis, current personnel policies still require a full search and <br />selection process. This requirement delays the appointment, frustrates operations and keeps a <br />qualified and experienced employee in limbo until the process is completed. Another <br />