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?>?nte a! oa <br />Attachment <br />.iy,?b t>ts0>> <br />Orange County Personnel Department <br />208 South Cameron Street <br />Post Office Box 8181 <br />Hillsborough, NC 27278 <br />MEMORANDUM <br />Elaine Holmes Tel (919) 245-2550 <br />Director Fax (919) 644.3009 <br />www.co.orange.nc.us <br />February 8, 2005 <br />TO: Orange County Board of Commissioners <br />John Link, County Manager <br />FROM: Elaine Holmes, Personnel Director <br />SUBJECT: Use of Resident Caretakers in County Parks <br />The Manager asked that I review and report on the possible options as to the use of <br />Resident Caretakers in County Parks. The question arises in relation to Little River Park <br />which has a residence available. <br />1. Possible Functions of a Resident Caretaker <br />Attachment 1 is a list of possible duties for a Resident Caretaker for Little River Park as <br />these were proposed by the Recreation and Parks Management Director. To facilitate <br />consideration of the options, I have sorted the list into duties that pertain to the <br />residence itself and duties that pertain to the park. <br />As you will note, the duties are a combination of security, cleaning, maintenance, <br />operational and customer service duties. These range from relatively unskilled duties <br />to duties requiring significantly more training and experience. Many of the duties relate <br />to evening, night and early morning activities. <br />2. Applicable Legal Requirements <br />The available options and how these may be configured are impacted by Federal law <br />and regulations, including Internal Revenue Service regulations, the Federal Fair Labor <br />Standards Act, and Landlord/Tenant law.. <br />Internal Revenue Service regulations prescribe who must be treated as an <br />employee and who may be treated as a contractor. As a general rule, anyone who <br />performs services over which the County controls what will be done and how it will <br />be done is an employee. If the County directs only the results to be accomplished <br />and not the means or methods of accomplishing the result, the person may be <br />treated as a contractor if they otherwise qualify. <br />An Equal Opportunity/Affirmative Action Employer