Agenda - 11-15-2011 - Information Item 3

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ADMINISTRATIVE RULES GOVERNING THE FILLING OF PERMANENT FULL TIME VACANCIES WITH INCUMBENT TEMPORARY AND/OR QUALIFIED EMPLOYEES PURSUANT TO THE PERSONNEL ORDINANCE In accordance with G.S. §153A-82 and the Orange County Personnel Ordinance, the County Manager has general authority and responsibility without prior approval from the Board of Commissioners for appointments, suspensions, dismissals and other employment procedures of all employees except those elected by the people or whose appointment is otherwise provided for by law. (1) It is the general law of Orange County that all persons expressing an interest in employment with the county will be given an opportunity to apply for vacant positions. (2) Notwithstanding section (1) above, where the County Manager (or in the case of the Health Director or Social Services Director the appropriate Board) recognizes a demonstrable County need in any one of the following circumstances the County Manager may appoint an incumbent temporary employee or other qualified employee to a Permanent Full Time vacancy pursuant to §5.0 and §5.7 of Article II of the Personnel Ordinance.* Applicable circumstances: (a) To reduce the budget. (b) To avoid a reduction in force. (c) For disciplinary transfers or demotions. (d) For the transfer of an employee to avoid the threat of bodily harm. (e) To prevent work stoppage in constant demand situations. (f) To effect a legally binding settlement agreement. (g) To protect the public health, safety, or security. (h) Transfer of an employee to accommodate physical disabilities. (3) All appointments made pursuant to these administrative rules will be made solely on the basis of bona fide occupational training and qualifications and without regard to an employee's race, color, national origin, religion, creed, sex, sexual orientation, age, disability, political affiliation, and Vietnam-Era or disabled veteran status as provided in law. (4) Incumbents eligible for appointment pursuant to these Administrative Rules: (a) A permanent, nonpermanent or contracted employee. (b) An incumbent appointed to serve in an interim capacity. (c) An incumbent upon whom Orange County has expended significant resources for training and education. (5) Prior to making any appointment pursuant to these Administrative Rules the County Manager shall verify with the Human Resources Director that the incumbent or other qualified employee as set out in subsection (4) meets all minimum qualifications for the position, has been in the temporary/interim contract position for aminimum of six months prior to the effective date of appointment, and has had no allegations of on-the job misconduct during the six month period prior to the effective date of appointment. (6) Incumbents and qualified employees appointed pursuant to these Administrative Rules shall remain subject to all other provisions of the Personnel Ordinance. (7) These Administrative Rules are intended to allow the appointment of a qualified individual only in the circumstances stated herein and shall not be used to circumvent the hiring and appointment procedures of the Personnel Ordinance. (8) Within a reasonable time prior to making an appointment to a Department Director or Assistant County Manager position pursuant to these Administrative Rules the County Manager shall notify the Board of County Commissioners of such appointment. *Corresponds to Chapter 28, Article II, §14(g) Orange County Code of Ordinances