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					Rockingham County                                                                         Mailing Address:
Personnel-Purchasing                                                                      P.O. Box 210
Governmental Center                                                                       Wentworth, NC 27375
371 NC 65, Suite 210                                                                      (336) 342-8111
Wentworth, NC 27375                                                                       (336) 342-8455 Fax




 MEMO

 TO:        Rockingham County Employees

 FROM:      John A. Dean

 RE:        PERSONNEL POLICY

         It is my pleasure to present this personnel policy to you. I urge you to read it thoroughly, as
 well as your health and dental insurance, and your retirement system handbooks. You will be given
 revisions to this policy as they occur so that you may remain well informed about your
 responsibilities and your rights as a county employee.
         I hope that you have a rewarding career as an employee of Rockingham County. Please feel
 free to contact the County Personnel Office whenever we might assist you.
TABLE OF CONTENTS

                                                                                 PAGE
I. ORGANIZATION OF PERSONNEL SYSTEM
Section   1    Purpose                                                           I-1
Section   2    Coverage                                                          I-1
Section   3    Definitions                                                       I-2
Section   4    Merit Principle                                                   I-2
Section   5    Responsibility of Board of Commissioners                          I-2
Section   6    Responsibility of County Manager                                  I-2
Section   7    Responsibility of Personnel Officer                               I-3

II. CLASSIFICATION PLAN
Section   1    Adoption                                                          II-1
Section   2    Allocation of the Pay Plan                                        II-1
Section   3    Administration of the Position Classification Plan                II-1
Section   4    Amendment of Classification Plan                                  II-1

III. THE PAY PLAN
Section   1    Adoption                                                          III-1
Section   2    Maintenance of the Pay Plan                                       III-1
Section   3    Use of Salary Ranges                                              III-1
Section   4    Payment Within Salary Ranges                                      III-1
Section   5    Salary of Trainee                                                 III-2
Section   6    Pay Rates in Promotion, Demotion, Transfer and Reclassification   III-2
Section   7    Pay Rates in Salary Range Revision                                III-2
Section   8    Pay for Part-Time Work                                            III-3
Section   9    Overtime                                                          III-3
Section   10   Payroll Deductions                                                III-3
Section   11   Improper or Unlawful Deductions From Pay                          III-3
Section   12   Longevity Pay                                                     III-5

IV. RECRUITMENT AND EMPLOYMENT
Section   1    Statement of Equal Employment Opportunity Policy                  IV-1
Section   2    Implementation of EEO Policy                                      IV-1
Section   3    Recruitment                                                       IV-1
Section   4    Job Advertisements                                                IV-1
Section   5    Applications for Employment                                       IV-1
Section   6    Application Reserve File                                          IV-1
Section   7    Qualification Standards                                           IV-2
Section   8    Selection                                                         IV-2
Section   9    Appointments                                                      IV-2
Section   10   Probationary Period of Employment                                 IV-2
Section   11   Promotion                                                         IV-3
Section   12   Demotion                                                          IV-3
Section   13   Transfer                                                          IV-3




                                                         2
                                                                                       PAGE
V. CONDITIONS OF EMPLOYMENT
Section   1    Workweek                                                                V-1
Section   2    Hours of Work/Flextime                                                  V-1
Section   3    Gifts and Favors                                                        V-2
Section   4    Political Activity Restricted                                           V-2
Section   5    Outside Employment                                                      V-3
Section   6    Limitation of Employment of Relatives                                   V-3
Section   7    Travel                                                                  V-3

VI. LEAVES OF ABSENCE
Section   1    Holidays                                                                VI-1
Section   2    Effect of Work on Holidays or Other Types of Paid Leave                 VI-1
Section   3    Holiday – When Work Required                                            VI-1
Section   4    Vacation Leave                                                          VI-2
Section   5    Vacation Leave – Initial Appointment Probationary Employees             VI-2
Section   6    Vacation Leave – Manner of Accumulation                                 VI-2
Section   7    Vacation Leave – Maximum Accumulation                                   VI-3
Section   8    Vacation Leave – Manner of Taking Leave                                 VI-3
Section   9    Vacation Leave – Previous Leave Credit                                  VI-3
Section   10   Vacation Leave – Terminal Pay and Repayment of Vacation Leave           VI-3
Section   11   Vacation and Sick Leave Credit from other Local Governments or States   VI-3
Section   12   Vacation Leave – Payment of Accumulated Vacation Leave Upon Death       VI-4
Section   13   Sick Leave                                                              VI-4
Section   14   Sick Leave – Manner of Accumulation                                     VI-4
Section   15   Sick Leave – Maximum Accumulation                                       VI-4
Section   16   Sick Leave – Physician’s Certificate                                    VI-4
Section   17   Sick Leave – Retirement Credit for Accumulated Sick Leave               VI-5
Section   18   Sick Leave – Previous Leave Credits                                     VI-5
Section   19   Calculation of Holiday Leave, Vacation Leave, and Sick Leave            VI-5
Section   20   Leave Without Pay – Policy                                              VI-5
Section   21   Leave Without Pay – Retention and Continuation of Benefits              VI-5
Section   22   Worker’s Compensation Leave                                             VI-5
Section   23   Parental Leave                                                          VI-6
Section   24   Compensatory Leave                                                      VI-6
Section   25   Military Leave                                                          VI-6
Section   26   Civil Leave                                                             VI-6
Section   27   Adverse Leave                                                           VI-6
Section   28   Education Leave With Pay                                                VI-7
Section   29   Effect of Basic Workweek Changing from 37.5 to 40                       VI-7
               On Previous Credit for Vacation and Sick Leave
Section   30   Voluntary Shared Leave Program                                          VI-7
Section   31   Family Leave Policy                                                     VI-10




                                                       3
                                                                                                  PAGE
VII. SEPARATION, DISCIPLINARY ACTION AND REINSTATEMENT
Section   1    Types of Separation                                                                VII-1
Section   2    Resignation                                                                        VII-1
Section   3    Reduction in Force                                                                 VII-1
Section   4    Disability                                                                         VII-1
Section   5    Retirement Age                                                                     VII-1
Section   6    Death                                                                              VII-1
Section   7    Disciplinary Action                                                                VII-2
Section   8    Failure in Performance of Duties                                                   VII-2
Section   9    Dismissal for Grossly Inefficient Job Performance                                  VII-3
Section   10   Failure in Personal Conduct                                                        VII-3
Section   11   Written Warning                                                                    VII-4
Section   12   Suspensions Without Pay for Serious Workplace Misconduct                           VII-5
Section   13   Demotion                                                                           VII-5
Section   14   Procedural Requirements                                                            VII-6
Section   15   Special Provisions                                                                 VII-8
Section   16   Employee Appeal                                                                    VII-9
Section   17   Reinstatement                                                                      VII-10

VIII. GRIEVANCE
Section   1    Grievance and Adverse Action – Definitions                                         VIII-1
Section   2    Grievance Procedure and Adverse Appeal – Policy                                    VIII-1
Section   3    Grievance and Adverse Action Appeal Procedure Non-Discrimination                   VIII-1
Section   4    Grievance and Adverse Action Hearing or Appeal Procedure – Discrimination          VIII-3
Section   5    Sexual Harassment                                                                  VIII-3
Section   6    Unlawful Workplace Harassment and Workplace Violence                               VIII-4
Section   7    Back Pay Awards                                                                    VIII-5

IX. EMPLOYEE BENEFITS
Section   1    Insurance Benefits                                                                 IX-1
Section   2    Unemployment Insurance                                                             IX-3
Section   3    Old Age Survivor’s Insurance                                                       IX-3
Section   4    Retirement Benefits                                                                IX-3
Section   5    Law Enforcement Officers’ Separation Allowance                                     IX-3

X. PERSONNEL RECORDS AND REPORTS
Section   1    Personnel Records Maintenance                                                      X-1
Section   2    Access to Personnel Records                                                        X-1
Section   3    Confidential Information                                                           X-1
Section   4    Records of Former Employees                                                        X-2
Section   5    Remedies of Employees Objecting to Material in File                                X-3
Section   6    Penalty for Permitting Access to Confidential File by Unauthorized Person          X-3
Section   7    Penalty for Examining and/or Copying Confidential Material Without Authorization   X-3
Section   8    Destruction of Records Regulated                                                   X-3




                                                       4
                                                                  PAGE

XI. IMPLEMENTATION OF POLICY
Section   1     Conflicting Policies Repealed                     XI-1
Section   2     Separability                                      XI-1
Section   3     Violations of Policy Provision                    XI-1
Section   4     Effective Date                                    XI-1

XII. APPLICANT AND EMPLOYEE DRUG TESTING POLICY
Section   100   Purpose                                           XII-1
Section   101   Definitions                                       XII-1
Section   102   Drugs to be Tested                                XII-2
Section   103   Applicant Testing                                 XII-2
Section   104   Current Employee Testing                          XII-3
Section   105   The Test                                          XII-3
Section   106   Consequences of a Positive Drug Test              XII-4
Section   107   Mandatory Employee Assistance                     XII-4
Section   108   Use of Results in Criminal Action                 XII-4
Section   109   Notification of Conviction                        XII-4
Section   110   Non-disciplinary Suspension                       XII-5
Section   111   Additional Standards: Law Enforcement Personnel   XII-5
Section   112   Other Additional Standards                        XII-5
Section   113   Communication and Training                        XII-5

XIII. SAFETY POLICY                                               XIII-1




                                                      5
                   Article I.      ORGANIZATION OF PERSONNEL SYSTEM

Section 1. Purpose

The purpose of this policy is to establish a personnel system which will recruit, select, develop, and maintain an
effective and responsible work force. This policy is established under the authority of Chapter l53A-Article 5 and
Chapter 126 of the General Statutes of North Carolina.

It is a guide providing general information about policies and benefits which should assist employees during their
employment with Rockingham County. When this policy is presented to employees in the format of an employee
handbook, neither the handbook nor any other county communication or practice, creates an employment contract.
The county reserves the right to make changes in content or application of its policies as it deems appropriate, and
these changes may be implemented even if they have not been communicated, reprinted, or substituted in the
handbook. It is also hereby stated that nothing in this policy or handbook or any other policy or communication
changes the fact that employment is at-will for an indefinite period unless terminated at any time by the employee or
the county, except as otherwise governed by federal or state law.

Section 2. Coverage

(A) All employees in the county's service shall be subject to this policy except as provided in this section.

(B) The following employees shall be covered only by the specifically designated Articles and Sections:

(1) The County Manager, Sheriff, and the Register of Deeds shall be subject to Article III. Sections 10 and 11, Article
VI., and Article IX.

(2) Employees of the North Carolina Agricultural Extension Service shall be subject to
Article V, Section l, and Article VI;

(3) Temporary employees and part-time employees in permanent positions customarily requiring work less than
twenty hours per week, as designated by the Board of Commissioners shall be subject to Article I; Article III, Section
9; Article IV, Sections l-9; Article V; Article VI, Sections l and 22; Article VIII; Article X; and Article XI.

(4) Employees of the Head Start Program shall be subject to this policy provided that federal funds are adequate.

(5) Employment with the Rockingham County Sheriff's Department is voluntarily entered into. Each employee of the
Sheriff is an employee-at-will, whose employment may be terminated at any time, with or without cause. Each
employee is free to resign at any time, with or without cause.

Policies set forth in this handbook are not intended to create a contract, nor are they to be construed to constitute
contractual obligations of any kind or a contract of employment between the Rockingham County Sheriff's
Department and any of its employees. The policies set forth in this handbook are not binding on the Sheriff, and need
not be followed by the Sheriff. These policies (except for the policy that all employees are employees-at-will) may be
amended or cancelled at any time.




                                                           I-1
Section 3. Definitions

(A) General County Employee - A county employee assigned to a department not subject to the State Personnel Act.

(B) Competitive Service Employee - An employee of a local Social Service Department, Public Health Department,
or Mental Health Center.

(C) Probationary Employee - A person appointed to a permanent position who has not completed the probationary
period, See Article IV, Section l0.

(D) Part-Time Employee - A person, either probationary, post-probationary, or temporary, who is regularly
scheduled less than the number of hours per workweek designated by the Board of County Commissioners as full-
time.

(E) Full-Time Employee - An employee, either probationary, post-probationary, or temporary who is regularly
scheduled to work the number of hours per workweek designated by the Board of County Commissioners as full-time.

(F) Post-probationary Employee - A person appointed to serve in a position for an indefinite duration and who has
served a probationary period.

(G) Temporary Employee - A person appointed to serve in a position for a definite duration.

(H) Appointing Authority - Any board or position with legal or delegated authority to make hiring decisions.

(I) Grievance - A claim or complaint based upon an event or condition which affects the circumstances under which
an employee works, allegedly caused by misinterpretation, unfair application, or lack of established policy pertaining
to employment conditions.

(J) Adverse Action - A demotion, dismissal, reduction in pay, layoff, or an undesirable transfer or suspension.

(K) Hearing - A meeting during which the County Manager hears evidence in order to make a decision to uphold,
reverse, or modify an action taken by a Department Head. This hearing may be in response to an appeal of a
grievance or an adverse action.

(L) Retiree - A former employee of Rockingham County who is receiving a pension from the North Carolina Local
Governmental Employees' Retirement System.

Section 4. Merit Principle

All appointments, promotions, and other personnel transactions shall be made solely on the basis of merit and fitness.

Section 5. Responsibility of the Board of Commissioners

The Board of Commissioners shall establish personnel policies and rules, including the classification and pay plan,
and shall make and confirm appointments when so specified by law.

Section 6. Responsibility of the County Manager

The County Manager shall appoint, suspend and remove all county officers and employees except those elected by the
people or whose appointment is otherwise provided for by law. The County Manager shall make appointments,
dismissals, or suspensions in accordance with l53A-82 of the General Statutes of the State of North Carolina and
Articles IV, VII, and VIII of this personnel administration policy.

The Sheriff and Register of Deeds have the exclusive right to hire, discharge and supervise the employees in their
respective departments under the authority of l53A-l03 of the General Statutes of the State of North Carolina.



                                                          I-2
Section 7. Responsibility of the Personnel Officer

The Personnel Officer shall be responsible to the County Manager and the Board of Commissioners for the
administration of the personnel program.

The Personnel Officer shall:

(A) Recommend rules and revisions of the personnel system to the Board of Commissioners for consideration;

(B) Recommend revisions to the position classification plan to the Board of Commissioners for approval;

(C) Prepare and recommend revisions to the pay plan to the Board of Commissioners for approval;

(D) Determine which employees shall be subject to the overtime provisions as provided for in Article III, Section 9;

(E) Establish and maintain a roster of all persons in the county service, setting forth each officer and employee, class
title of position, salary, and changes in class title and status, and such data as may be deemed desirable or useful;

(F) Develop and administer such recruiting programs as may be necessary to obtain an adequate supply of competent
applicants to meet the needs of the county;

(G) Develop and coordinate training and education programs for county employees;

(H) Investigate periodically the operation and effect of the personnel provisions of this policy;

(I) Perform such other duties as may be assigned by the County Manager or Board of Commissioners not
inconsistent with this policy; and

(J) Maintain custody of a personnel file for each county employee and permit the contents of a file to be inspected in
accordance with G.S. l53A-98 and this resolution.




                                                          I-3
                                  Article II. CLASSIFICATION PLAN

Section 1. Adoption

The position classification plan, as set forth in Rockingham County, North Carolina Job Descriptions, Volumes 1 and
2, is hereby adopted as the position classification plan for the county.

Section 2. Allocation of Positions

The Personnel Officer shall allocate each position covered by the classification plan to its appropriate class in the
plan.

Section 3. Administration of the Position Classification Plan

The Personnel Officer shall be responsible for the administration and maintenance of the position classification plan
so that it will accurately reflect the duties performed by employees in the classes to which their positions are
allocated. Department Heads shall be responsible for bringing to the attention of the Personnel Officer (l) the need for
new positions, and (2) material changes in the nature of duties, responsibilities, working conditions, or other factors
affecting the classifications of any existing positions. The classification of positions and the pay of employees will be
based upon recommendations from the Piedmont Triad Council of Governments.

New positions shall be established only with the approval of the Board of Commissioners. The Personnel Officer
shall either (l) allocate the new position to the appropriate class within the existing classification plan, or (2)
recommend that the Board of Commissioners amend the position classification plan to establish a new class to which
the new position may be allocated based upon recommendations from the Piedmont Triad Council of Governments.

When the Personnel Officer finds that substantial change has occurred in the nature or level of duties and
responsibilities of an existing position, the Personnel Officer shall (l) revise the class specification, (2) reallocate the
position to the appropriate class with the existing classification plan, or (3) recommend that the Board of
Commissioners amend the position classification plan to establish a new class to which the position may be allocated
based upon recommendations from the Piedmont Triad Council of Governments.

Section 4. Amendment of Position Classification Plan

Classes of positions shall be added to and deleted from the position classification plan by the Board of Commissioners
based on the recommendation of the Personnel Officer after receiving recommendations from the Piedmont Triad
Council of Governments.




                                                           II-1
                                        Article III. THE PAY PLAN

Section 1. Adoption

The schedule of salary ranges and class titles assigned to salary ranges, as set forth in Classes Grouped by Salary
Grades, Rockingham County is hereby adopted as the pay plan for the county.

Section 2. Maintenance of the Pay Plan

The Personnel Officer shall be responsible for the administration and maintenance of the pay plan. The pay plan is
intended to provide equitable compensation for all positions, reflecting differences in duties and responsibilities, the
comparable rates of pay for positions in private and public employment in the area, changes in the cost of living, the
financial condition of the county, and other factors. To this end, the Personnel Officer shall from time to time instruct
the Piedmont Triad Council of Governments to make comparative studies of all factors affecting the level of salary
ranges and shall recommend to the Board of Commissioners such changes in salary ranges as appear to be warranted.

Section 3. Use of Salary Ranges

Salary ranges are intended to permit the recognition of individual performance. The following general provisions
shall govern the granting of within-range pay increments:

(A) The minimum rate established for the class is the normal hiring rate, except in those cases where unusual
circumstances appear to warrant appointment at a higher rate. Appointment above the minimum rate may be made on
the recommendation of the Department Head with the approval of the County Manager when deemed necessary in the
best interest of the county. Above the minimum appointments will be based on such factors as the qualifications of
the applicant being higher than the minimum education and training for the class, a shortage of qualified applicants
available at the minimum rate, and the refusal of qualified applicants to accept employment at the minimum rate.

(B) Progression to the midpoint/market rate shall be accomplished by employees after seven years of satisfactory
performance. After completing one year of satisfactory service, employees whose salaries are below the midpoint of
their salary range shall be raised an amount equivalent to one-seventh of the difference between the midpoint and the
minimum hiring rate of their salary. This annual progression shall continue for satisfactory performance until the
midpoint/market rate is reached.

(C) After working for two years at the midpoint/market-rate employees are eligible to receive a salary increase
equivalent to one-ninth of the difference between the midpoint and the maximum of their salary range. This
progression is subject to the recommendation of their department head based upon the employees' satisfactory work
performance without any adverse personnel actions during this two (2) year period. This progression shall continue
on a two-year (2) cycle subject to these conditions until the maximum of the salary range is reached.

(D) An employee who fails to perform satisfactorily, whether during the probationary period or during advancement
through the salary range shall be denied his/her scheduled salary increase. Appropriate disciplinary action may be
taken by the appropriate authorities in accordance with Article VII of this personnel policy.

Section 4. Payment Within Salary Ranges

All employees covered by the salary plan shall be paid within the salary range established for their respective job
classes except for employees in a trainee status, or employees whose present salaries are above the established
maximum rate following transition to a new pay plan.




                                                         III-1
Section 5. Salary of Trainee

An applicant hired or an employee promoted to a position in a higher class, who does not meet all the established
requirements of the position, may be appointed at a rate in the pay plan below the minimum established for the
position. An employee will remain on the trainee rate until the Department Head certifies that the trainee is qualified
to assume the full responsibility of the position and the Personnel Officer approves the certification. The Department
Head shall review the progress of each employee in a trainee status every six (6) months or more frequently as
necessary to determine when the trainee is qualified to assume the full responsibilities of the position.

Section 6. Pay Rates in Promotion, Demotion, Transfer and Reclassification

When an employee is promoted, demoted, transferred, or reclassified, and rate of pay for the new position shall be
established in accordance with the following rules:

(A) An employee who is promoted may, upon recommendation of the hiring authority, receive a four percent
increase when the position to which he/she is promoted is in the same field of work as that from which he/she is
promoted. Employees selected for promotion into a position in a field of work different from that from which he/she
is promoted will be paid within the range of the new position in accordance with Article III. Section 3 (A) of this
policy.

(B) An employee who is demoted shall have his salary left at the same rate or reduced at least four percent within the
lower range.

(C) An employee who requests a demotion and is accepted in the position requested, may be paid at a hiring rate
equivalent to that of a new employee in the position.

(D) An employee transferring from a position in one class to a position in another class assigned to the same pay
range may continue to receive the same salary.

(E) When the pay plan is revised due to the reclassification of positions, and the reclassified positions are assigned to
a higher salary grade, the salaries of the employees below the minimum shall be raised to the new minimum. The
salaries of employees in the positions assigned to the new salary range that are within the new range shall be increased
only if the Board of Commissioners shall specifically authorize the increase or the increases are awarded on the basis
of meritorious performance.

Section 7. Pay Rates in Salary Range Revisions

When the Board of Commissioners approves a change in a salary range for a class of positions, the salaries of
employees whose positions are allocated to that class shall be affected as follows:

(A) When the pay plan is revised, and a class of positions is assigned to a higher grade, the salaries of the employees
below the minimum shall be raised to the new minimum. The salaries of employees in the positions assigned to the
new salary range that are within the new range shall be increased only if the Board of Commissioners shall
specifically authorize the increase or the increases are awarded on the basis of meritorious performance.

(B) When a class of positions is assigned to a lower pay range, the salaries of employees in that class will remain
unchanged. If this assignment to a lower pay range results in an employee being paid at a rate above the maximum
established for the new class, the salary of the employee shall be maintained at that level until such time as the
employee's pay range is increased above the employee's current salary.




                                                         III-2
Section 8. Pay for Part-Time Work

The pay plan established by the policy is for full-time services. An employee appointed for less than full-time service
will be paid a prorated amount determined by converting the established salary for the position to an hourly rate.

Section 9. Overtime

Overtime work shall be that work performed by an employee which exceeds the number of hours established as the
workweek for the employee's position. Employees in positions which are covered by the Fair Labor Standards Act
shall be compensated at their regular rate or shall earn compensatory leave credit on an hour for hour basis for work
up to the number of hours constituting overtime in accordance with the Fair Labor Standards Act.

Overtime opportunities will be distributed as equally as practicable among employees in the same job class,
department and shift regardless of age, sex, race, color, creed, religion, national origin, political affiliation, or physical
handicap.

Employees in positions which are subject to the Fair Labor Standards Act who are required to work overtime, shall be
paid for such overtime or shall be granted compensatory leave credit in compliance with Fair Labor Standards Act on
the basis of one and one-half times the overtime hours worked provided that:

(A) The work is of an unusual, unscheduled, or emergency nature and is directed by the Department Head or the
authorized representative of the Department Head;

(B) The position does not involve executive, administrative, or professional work which makes the position exempt
from the Fair Labor Standards Act.

Employees in positions which are exempt from the overtime provisions of the Fair Labor Standards Act may be
granted compensatory leave for overtime on a time and one-half basis, or paid for such overtime on the basis of one
and one-half times the overtime hours worked subject to the approval of the County Manager, elected department
head, or appropriate board of authority. Compensatory leave balances are not payable to exempt employees upon
separation from employment by the county.

Section 10. Payroll Deductions

Only payroll deductions specifically mandated or authorized by Federal, State, or County may be deducted at each
pay period from each employee's pay.

Section 11. Improper or Unlawful Deductions From Pay

Every effort is made to ensure that compensation and pay checks are properly computed and calculated. It is against
County policy for any employee’s wages to have improper or unlawful deductions. If you believe that your pay is
incorrect or that an improper or unlawful deduction was made to your wages or salary, contact immediately the
County Personnel Office, 342-8111. Our payroll department and/or personnel department will investigate the matter,
make corrections as appropriate, and make prompt reimbursement as required.

The salaries of employees exempt under the Fair Labor Standards Act, 19 CFR Part 541, may be reduced or be subject
to deduction for the following conditions ONLY:

(A) For one or more full days absence for personal reasons other than sickness or disability when employee has no
leave to cover the absence.

(B) For sickness or disability (including work place injury) if the employee has not qualified for County leave
benefits, has not earned sufficient leave to cover the absence, or has exhausted all leave and has no earned leave
remaining to cover the absence. If the employee has exhausted all leave benefits that would cover an FMLA absence,
the employee’s salary may be reduced in hourly increments while on FMLA leave.



                                                            III-3
(C) Deductions for penalties imposed for violations of safety rules of major significance, including those relating to
the prevention of serious danger in our workplace or to other employees.

(D) Deductions resulting from suspensions without pay for serious violations of our workplace misconduct rules.
See the separate policy: Suspensions Without Pay for Serious Workplace Misconduct.

(E) In the initial or final work week of employment, deductions may be made for the days of the workweek not
worked. For example, in the first or last workweek of work, if the employee only works two of the five days, the
employee will receive 2/5 (two fifths) of their weekly salary. In the final workweek the employee may use applicable
accrued leave to cover the portion of the week not worked but only as provided elsewhere in our policies.

Pursuant to Federal Regulations 29 Part 541.710, salaries of exempt salaried employees may be reduced under the
following conditions in that all agency employees are employed under the rules of public accountability:

(A) For absences of less than a day for personal reasons, illness, or injury when accrued leave is not used because:

(1) Permission for the absence/leave has not been sought or it has been requested by the employee and was denied;

(2) Accrued leave has been exhausted;

(3) The employee requests or chooses to use and is granted leave without pay.

(B) Deductions for a “budget-required furlough” implemented by agency management or the governing board/body.
During such week, and only in such week, the Part 541 exemption is lost and the employee is entitled to overtime
compensation in the week of the furlough if the employee works more than 40 hours (or other standard is employed in
law enforcement of fire fighting) despite being in furlough status.

Deductions from salaries of employees exempt under the Fair Labor Standards Act, 29 CFR Part 541, are NOT
permitted by the regulation for the following conditions:

(A) On an hourly basis except for unpaid FMLA leave and as provided in the special rules above.

(B) When the office, facility, building or department is officially closed due to inclement weather such as snow or
ice. Exempt salaried workers cannot be required to use earned leave for such closings unless it is announced that the
office, facility, building or department remains open for salaried exempt employees and they are given the option of
reporting to work or using leave.

(C) For penalties or rules violations such as performance issues, attendance issues, minor safety rules, cash shortages,
losses, rules of evidence violations or damages to equipment or property, including insurance deductibles when
damage has occurred.

Employees can report improper or unlawful deductions from their wages without fear of discrimination or reprisal.
Upon receiving notification of an improper or unlawful deduction from pay, the Personnel Director, or designee, in
consultation with the Payroll Manager, will investigate the matter and issue a finding before the next pay period entry
date. If the investigation confirms the deduction was improper or unlawful, the employee(s) shall be reimbursed the
amount of the deduction with the next pay check.




                                                         III-4
Section 12. Longevity Pay

Annual longevity payments will be made to permanent employees eligible in accordance with the following longevity
plan based on total service through June 30, and the employee’s salary at the time of payment. Longevity payments to
employees will be added to their regular bi-weekly pay on the last payday before Thanksgiving. Employees retiring
after June 30 but before December 1 will receive a final longevity payment in their final compensation. . Employees
who retire from Rockingham County effective April 1, May 1, or June 1 due to disability will receive a final longevity
payment prorated according to their separation date. Employees who leave County employment due to a reduction in
force will receive a final longevity payment prorated according to their separation date.


                YEARS OF SERVICE                                  PORTION OF ANNUAL SALARY
                  6 but less than 8                                           .015
                  8 but less than 10                                          .020
                 10 but less than 12                                          .025
                 12 but less than 14                                          .030
                 14 but less than 16                                          .035
                 16 but less than 18                                          .040
                 18 but less than 20                                          .045
                  20 years or more                                            .050




                                                        III-5
                       Article IV. RECRUITMENT AND EMPLOYMENT

Section 1. Statement of Equal Employment Opportunity Policy

It is the policy of Rockingham County to foster, maintain, and promote equal employment opportunity. The county
shall select employees on the basis of applicant's qualifications and without regard to age, sex, race, color, creed,
religion, political affiliation or national origin except where specific age, sex, or physical requirements constitute a
bona fide occupational qualification necessary for job performance. Applicants with physical handicaps shall be
given equal consideration with other applicants for positions in which their physical handicaps do not represent an
unreasonable barrier to satisfactory performance of duties.

Section 2. Implementation of EEO Policy

All personnel responsible for recruitment and employment shall implement this personnel policy through procedures
that will assure equal employment opportunity based on reasonable performance-related job requirements. Notices
with regard to equal employment matters shall be posted in conspicuous places on county government premises in
places where notices are customarily posted.

Section 3. Recruitment

When positions are to be filled within the county, Department Heads shall notify the Personnel Officer concerning the
number and classification of positions which are to be filled. The Personnel Officer shall publicize these
opportunities for employment including applicable salary ranges and employment qualifications. Information on job
openings and hiring practices shall be provided to recruitment sources available to minority applicants. In addition,
notice of vacancies shall be posted at designated conspicuous sites within departments. The Personnel Officer shall
also make available to the Department Heads for consideration current applications on file with the county.
Individuals shall be recruited from a geographic area as wide as is necessary to insure that well qualified applicants
are obtained for county service.

Section 4. Job Advertisements

Employment advertisements shall contain assurances of equal employment opportunity and shall comply with federal
and state statutes regarding discrimination in employment matters.

Section 5. Applications for Employment

All persons expressing interest in employment with the county shall be given the opportunity to file an application for
employment when openings exist.

Section 6. Application Reserve File

Upon applying, each applicant shall be informed of the availability of current job openings. Applications shall be
kept in a reserve file for a period of two (2) years, in accordance with Equal Employment Opportunity Commission
guideline.

To the extent that it is practical, reference to these files shall be made periodically in connection with the county's
employment requirements to insure that equal consideration is given to all applicants.




                                                         IV-1
Section 7. Qualification Standards

(A) Employees shall meet the employment standards established by the position classification plan and such other
reasonable minimum standards of character, aptitude, ability to meet the public, and physical condition as may be
established by the Personnel Officer with the advice and recommendations of the Department Heads. Employees in
positions subject to program standards and licensure requirements will be selected in accordance with all applicable
federal and state laws and local policies.

(B) Qualifications shall be reviewed periodically to assure that requirements are fair and conform to the actual job
performance requirements.

(C) The county may employ an applicant in a trainee capacity who does not meet all minimum qualifications for a
particular job if the deficiencies can be eliminated through orientation and on-the-job-training.

Section 8. Selection

The Personnel Office shall make such investigations and conduct such examinations as deemed appropriate to assess
fairly the aptitude, education and experience, knowledge and skills, character, physical fitness and other qualifications
required for positions in the service of the county. All selection devices administered by the county or by persons or
agencies for the county shall be valid measures of job performance.

Section 9. Appointments

It is the county's policy to create career opportunities for its employees when possible. Therefore, when a current
employee applying for a vacant position possesses the best qualifications of all applicants, that applicant shall be
appointed to that position.

However, if other applicants possess comparable qualifications and if the county could continue any historical
discriminatory employment practices by automatically promoting or transferring the current employee without
considering other applicants, the county must carefully consider the qualifications of other applicants in filling the
position.

Before any commitment is made to an applicant, the Department Head shall forward the applicant's completed
application form to the Personnel Officer with a recommendation concerning the classification of the position to be
filled, the salary to be paid and the reasons for selecting the particular applicant over others. After investigating the
qualifications and experience of the applicant, the Personnel Officer shall approve or reject the appointment and
determine the classification and starting salary of the employee, except that the Sheriff and Register of Deeds shall
make the appointment and the Personnel Officer will determine the classification and starting salaries of new
employees in those departments. Appointments to positions in the Department of Social Services, Mental Health
Department, and the Public Health Department will be made by the Department Head of these departments in
accordance with federal and state laws and local policies.

The appointment by the Sheriff or Register of Deeds of a relative by blood or marriage of nearer kinship than first
cousin or of a person who has been convicted of a crime involving moral turpitude is subject to approval by the Board
of Commissioners as required by Chapter 153A-103 (1) of the North Carolina General Statutes.

Section 10. Probationary Period of Employment

An employee appointed or promoted to a permanent position shall serve a probationary period of six (6) months. An
employee serving a probationary period following initial appointment may be dismissed at any time during the
probationary period if found to be performing assigned duties unsatisfactorily. A post-probationary employee serving
a probationary period following a promotion shall be demoted as provided in Section l2 of this Article if unable to
perform assigned duties of the new job satisfactorily.




                                                         IV-2
Before completion of the probationary period, all Department Heads except the Sheriff and Register of Deeds shall
indicate in writing to the Personnel Officer:

(A) That the employee's supervisor has discussed the new employee's progress (accomplishments, strengths, and
weaknesses) with the new employee;

(B) Whether the new employee is performing satisfactory work;

(C) Whether the probationary period shall be extended;

(D)    Whether the employee         should    be   retained   in   the   present   position   or   should   be   released,
      transferred or demoted.

No employee shall remain on probation for more than nine months.

Section 11. Promotion

(A) Candidates for promotion shall be chosen on the basis of their qualifications and their work records without
regard to age, sex, race, color, creed, religion, political affiliation, national origin, or physical handicap. Performance
appraisals and work records for all personnel who meet the minimum qualifications and apply for the position shall be
carefully examined when openings for positions in higher classifications occur.

(B) Vacancies in positions shall be filled as far as practicable by the promotion of employees in the service of the
county. However, consideration should be given to all qualified applicants who have been the objects of historical
discrimination.

(C) If a current county employee is chosen for promotion the supervisor shall forward the employee's name to the
Personnel Officer with recommendations for classification and salary and reasons for selecting the employee over
other applicants. After considering the supervisor's comments, and determining that the applicant is qualified, the
Personnel Officer shall approve the appointment and determine the classification and starting pay. In the Sheriff's
Department and Register of Deeds' Office, the respective Department Head will forward the employee's name to the
Personnel Officer with recommendations for classification and salary.

Section 12. Demotion

Any employee whose work in his present position is unsatisfactory or whose personal conduct is unsatisfactory may
be demoted provided the employee shows promise of becoming a satisfactory employee in another position. Such a
demotion shall be preceded by the warning procedures outlined in Article VII 8. Representative causes for demotion
because of failure in work performance and failure in personal conduct are listed in Article VII.

If the demotion is for failure in performance of duties or failure in personal conduct, the employee shall be provided
with written notice citing the recommended effective date and reasons for demotion and appeal rights available to the
employee in Article VIII.

An employee who wishes to accept a position with less complex duties and responsibilities may be demoted for
reasons other than unsatisfactory performance of duties or failure in personal conduct.

Section 13. Transfer

If a vacancy occurs and an employee in another department is eligible for a transfer and is selected, the Department
Head wishing to hire the employee shall request the transfer which shall be subject to the approval of the Personnel
Officer. Any employee transferred without his having requested it may appeal the action in accordance with the
grievance procedure outlined in Article VIII.




                                                          IV-3
Any employee who has successfully completed a probationary period may be transferred to the same or similar class
in a different department without serving another probationary period.




                                                      IV-4
                         Article V.        CONDITIONS OF EMPLOYMENT

Section 1. Workweek

The standard workweek for all employees of the various departments of the county, with the exception of law
enforcement, emergency medical service personnel, and communications, shall be from 8:00 a.m. until 5:00 p.m.,
Monday through Friday. Employees in administrative, professional or managerial positions shall work the number of
hours necessary to assure the satisfactory performance of their duties.

When the activities of a particular department require some other schedule to meet work needs, the County Manager
or the appropriate board of authority may authorize a deviation from the normal schedule.

Section 2. Hours of Work/Flextime

While most county employees work a 40-hour workweek with a normal schedule, the activities of some departments
require alternative schedules to meet their work needs. In those departments, the County Manager may authorize a
deviation of the normal schedule. In addition some county departments lend themselves to the flextime concept and
their employees have the option of working a flextime schedule as specified in this policy.

(A) Department Affected:

(1) All Departments.

(B) Definitions:

(1) Normal Schedule - A Monday through Friday, 8:00 a.m. to 5:00 p.m. workweek.

(2) Flextime - A variable work schedule.

(3) Hours Worked - All time which an employee is required to be at work, except for meals and other periods when
he/she is free from work. Also, time spent by an employee who is required to remain on call and cannot use the time
for his/her own purposes, as well as travel that is a part of the employees workday is considered hours worked.

(C) Procedure/Rule:

(1) It is the responsibility of the Department Head to determine the basis and method of scheduling employee
flextime hours so that no disruption or curtailment of services or functions occurs.

(2) The Department Head, in developing the schedule must insure that: (a) Every office, division, section, or unit is
adequately staffed between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. Variations may be utilized
in departments operating under work schedules other than the normal workweek. (b) That no employee's flextime
schedule begins before 7:00 a.m. nor ends after 6:00 p.m. except as outlined in number one (a) above. (c) That
adequate lunch periods be taken and that they vary in length from no less than 30 minutes to no more than one hour.
(d) That any variable work schedule options made available to one employee in a work unit must be made available to
all employees in the work unit.

(3) Once a department flextime schedule has been agreed upon by employees, supervisors, or administrators and
approved by the Department Head, such schedule(s) shall be submitted to the Personnel Officer for recommendation
and to the County Manager for final approval.




                                                        V-1
(4) Departments utilizing an approved flextime schedule should develop a time-accounting system to insure that the
flextime privilege is not abused.

(5) If the scheduled opening of county department is officially delayed because of emergency conditions or other
circumstances, the approved flextime schedule of any employee shall be observed as though no emergency exists.
Conversely, if because of emergency conditions or other circumstances, an official decision is made for early closing,
the fact that one or more employees working under a flextime schedule began work earlier than the official opening of
the department will not be taken into consideration in authorizing the early closing. No leave or other credit will be
given for any disparity in hours worked under the above conditions.

(6) In instances where an employee's flextime schedule encompasses a compressed workweek, the following shall
apply:

(a) Holidays shall be concurrent with the official opening and closing schedule of county departments. With the
exception of departments operating under schedules other than the normal schedule, holidays shall consist of eight (8)
hours. If an employee's flex time schedule exceeds the operating schedule of their department, and such schedule falls
on an official holiday, the employee shall charge to accrued vacation, compensatory overtime, or accumulated holiday
credit all hours scheduled to work in excess of the official eight (8) hour holiday.

(b) If the official holiday falls on a workday during which the employee's flextime schedule requires less than eight
(8) hours of work, the employee will be credited with leave time for all hours not scheduled to work up to a
maximum of eight (8).

(c) Employees working a flextime schedule shall charge sick and vacation leave on a basis commensurate with the
total number of hours scheduled to work for each day or partial day of vacation or sick leave taken.

Section 3. Gifts and Favors

(A) No official or employee of the county shall accept any gift, whether in the form of service, loan, thing of value,
or promise from any person who to the employee's knowledge is interested directly or indirectly in any manner
whatsoever in business dealings with the county.

(B) No official or employee shall accept any gift, favor or thing of value that may tend to influence the employee in
the discharge of duties.

(C) No official or employee shall grant in the discharge of duties any improper favor, service, or thing of value.

Section 4. Political Activity Restricted

Each employee has a civic responsibility to support good government by every available means and in every
appropriate manner. Each employee may join or affiliate with civic organizations of a partisan or political nature,
may attend political meetings, may advocate and support the principles or policies of civic or political organizations in
accordance with the Constitution and laws of the State of North Carolina and in accordance with the Constitution and
laws of the United States of America. However, no employee shall (l) engage in any political or partisan activity
while on duty; (2) use official authority or influence for the purpose of interfering with or affecting the result of an
election or a nomination for office; (3) be required as a duty of employment or as a condition of employment,
promotion, or tenure of office to contribute funds for political or partisan purposes; (4) coerce or compel contributions
for political or partisan purposes by another employee of the county; or, (5) use any supplies or equipment of the
county for political or partisan purposes.

Competitive service employees and employees in certain federally aided programs are subject to the Hatch Act as
amended in l975. This federal act, in addition to prohibiting (2), (3), and (4) above, also prohibits candidacy for
elective office in a partisan election.

Any violation of this section shall subject such employee to dismissal or other disciplinary action.

                                                          V-2
Section 5. Outside Employment

The work of the county will take precedence over other occupational interests of employees. All outside employment
for salaries, wages, or commission, and all self-employment must be reported to the employee's Department Head
who in turn will report potentially conflicting employment to the County Manager. Conflicting outside employment
will be grounds for disciplinary action up to and including dismissal.

Section 6. Limitation of Employment of Relatives

The employment of close relatives within the same department is to be avoided unless significant recruitment
difficulties exist.

(A) Members of an immediate family shall not be employed at the same time if such employment would result in an
employee directly or indirectly supervising a member of the immediate family.

(B) This policy shall not be retroactive, and no action will be taken concerning those members of the same family
employed in conflict with (a) above prior to the adoption of this policy.

(C) Immediate family is defined for the purpose of this section as spouse, mother, father, guardian, children, sister,
brother, grandparents, grandchildren plus the various combination of half, step, in-law, and adopted relationships that
can be derived from those named.

(D) The appointment by the Sheriff or the Register of Deeds of a relative by blood or marriage of nearer kinship than
first cousin is subject to approval by the Board of Commissioners as required by Chapter 153A-l03 (l) of the North
Carolina General Statutes.

Section 7. Travel

It is the intent of this policy to make uniform provisions of the reimbursement of necessary expenses of specific
county employees who are required to travel within or without the county boundaries in the performance of their
duties and in the interest of county affairs.

Travel and reimbursement by all county employees shall first be approved by the appointing authority, and travel for
other than county employees shall be approved by the Board of Commissioners. Reimbursement shall be at the
following rates:

(1) Appointing authority should first attempt to provide travel by county vehicles. If an employee is required to use
his/her personal automobile for (his/her or several employees) travel on county business, the rate of reimbursement
shall be that amount allowed by the United States Internal Revenue Service. Other modes of travel will be reimbursed
at actual cost after prior approval.

(2) The cost of meals while on county business out of the county shall be at the actual reasonable cost of said meals
not to exceed $32.00 per day. Meals at the Salemburg Academy or other similar training facilities are payable at the
rate charged by that training facility. The appointing authority may approve a greater cost for meals if the meals are
part of a "package" for a convention or seminar.

(3) In the event a county employee is required to spend the night away from his/her home while on county business,
the county will reimburse the employee for reasonable hotel or motel charges. In determining what is a reasonable
charge, the location and length of stay should be considered.

(4) Department Heads are required to inform the County Manager's office prior to traveling outside of Rockingham
County for one work day or more.

Documentation and approval by the appointing authority is required for all reimbursement.



                                                         V-3
                                Article VI. LEAVES OF ABSENCE

Section 1. Holidays

The following days and such other days as the Board of Commissioners may designate are holidays with pay for
employees and officers of the county working the basic workweek.

    New Year's Day                                        Thanksgiving Day
    Martin L. King, Jr. Day                               Day after Thanksgiving
    Good Friday                                           Christmas - two (2) or
    Memorial Day                                          three (3) workdays (see
    Labor Day                                             the following Christmas
    Independence Day                                      Holiday Schedule)
    Veteran's Day

When a holiday other than Christmas falls on Saturday or a Sunday, Monday may be observed as a holiday.

    When Christmas falls on:                              The County observes:
    Sunday                                                Friday, Monday
    Monday                                                Monday, Tuesday
    Tuesday                                               Monday, Tuesday, Wednesday
    Wednesday                                             Tuesday, Wednesday, Thursday
    Thursday                                              Wednesday, Thursday, Friday
    Friday                                                Thursday, Friday, Saturday
    Saturday                                              Friday, Monday

The County Manager may deviate from the Holiday Schedules in order to coordinate county holidays with the Court
holidays.

Employees whose regularly scheduled shift is twelve (12) or twenty-four (24) hours shall receive twelve (12) hours
holiday leave per official county holiday.

Holiday leave earned by employees having a workweek with greater or fewer hours than the basic workweek (except
those employees on twelve (12) or twenty-four (24) hour shifts) shall be determined in accordance with the formula
set forth in Section l9 of this Article.

In order to be eligible for holiday pay, a temporary county employee must have worked a full regularly scheduled
workday before and after the holiday, unless excused by the county.

Section 2. Effect of Work on Holidays or Other Types of Paid Leave

Regular holidays which occur during a vacation, sick or other paid leave period of any officer or employee of the
county shall not be charged as vacation, sick or other paid leave.

Section 3. Holiday - When Work Required

Employees required to perform work on regularly scheduled holidays may be granted compensatory time off, or paid
at their hourly rate for the hours actually worked in addition to any holiday pay to which they may be entitled.
Compensatory time off shall be granted whenever feasible and taken within three (3) months from the time it is
earned.




                                                      VI-1
Section 4. Vacation Leave

Vacation leave shall be used for rest and relaxation, and may be used for medical appointments. Temporary
employees do not receive vacation leave.

Department Heads are required to inform the County Manager's office prior to taking vacation leave for one day or
more.

Section 5. Vacation Leave - Initial Appointment Probationary Employees

Employees serving a probationary period following initial appointment may accumulate vacation leave but shall not
be permitted to take vacation leave during the probationary period unless the denial of such leave will create an
unusual hardship. Vacation leave may be taken during this period only with the prior approval of the appointing
authority.

Section 6. Vacation Leave - Manner of Accumulation

Full-time county employees shall earn vacation leave at the following rates:

                    YEARS OF       HOURS WORKED                  HOURS EARNED HOURS EARNED
                    SERVICE        WEEK     DAY CODE             PER PAY PERIOD PER YEAR
                 Less than         40.0         8.0       01            3.75                 97.5
                 2 years           56.0        11.2       13            5.00                130.0

                 2 but less than   40.0         8.0       02            4.25                110.5
                 5 years           56.0        11.2       14            5.75                149.5

                 5 but less        40.0         8.0       03            5.25                136.5
                 than 10 years     56.0        11.2       15            7.00                182.0

                 10 but less       40.0         8.0       04            6.25                162.5
                 than 15 years     56.0        11.2       16            8.50                221.0

                 15 but less       40.0         8.0       05            7.00                182.0
                 than 20 years     56.0        11.2       17            9.75                253.5

                 20 years          40.0         8.0       06            8.00                208.0
                 or more           56.0        11.2       18           11.00                286.0


Years of Service Defined

The total time of full-time or part-time (half-time or over) post-probationary, trainee, or probationary employment by
Rockingham County.

If an employee so appointed is in pay status or is on authorized military leave for one-half or more of the regularly
scheduled workdays and holidays in a calendar month, credit shall be given for the entire calendar month.

This policy is effective January 1, 1990 and does not provide retro-active leave credits.




                                                          VI-2
Section 7. Vacation Leave - Maximum Accumulation

Annual leave may be accumulated without any applicable maximum until December 3l of each calendar year.
However, if the employee separates from service, payment for accumulated annual leave shall not exceed thirty (30)
days. On December 3l, any employee with more than thirty (30) days of accumulated vacation leave shall have the
excess accumulation converted into sick leave, so that only thirty (30) days of vacation leave are carried forward on
January 1 of the next calendar year.

The chart below shows the maximum number of hours of vacation which can be carried from December 3l to
January 1:

  HOURS WORKED PER WEEK                            NUMBER OF HOURS IN THIRTY DAYS
          40.0                                                 240
          56.0                                                 336

Post-probationary employees working a schedule including fewer or greater than 40 hours per week can carry forward
only the amount of hours obtained when applying the calculation provided in Section l9 of this Article.

Employees are cautioned not to retain excess accumulation of annual leave until late in the calendar year; due to the
necessity to keep all county functions in operation, large numbers of employees cannot be granted leave at any one
time. If an employee has excess leave accumulation during the latter part of the year and is unable to take such leave
because of staffing demands, the employee shall receive no special consideration either in having annual leave
scheduled or in receiving an exception to the maximum accumulation.

Section 8. Vacation Leave - Manner of Taking Leave

Vacation leave may be taken as earned by a post-probationary employee subject to the approval of the supervisor.
Vacation leave may be advanced to an employee subject to the approval of the appointing authority and the County
Manager.

Section 9. Vacation Leave - Previous Leave Credit

Vacation leave credit accumulated by each employee as of the adoption of this personnel administration policy shall
be retained as of the effective date of this policy.

Section 10. Vacation Leave - Terminal Pay and Repayment of Vacation Leave

An employee who is separated from county employment shall be paid for vacation leave accumulated to the date of
separation not to exceed a maximum of thirty (30) days. An employee who has worked a forty (40) hour work-week
shall be paid for no more than 240 hours of vacation leave upon separation. An employee whose work schedule has
included fewer or greater than forty (40) hours per week, shall only receive termination pay equal to a percentage of
240 hours obtained by applying the formula used in Section l9 of this Article to calculate their leave accumulation
rate. This calculation is to be made using the employees' most recent established work schedule, without applying
credit for any previously worked schedule. If an employee leaves a position with Rockingham County to accept
employment with another local government or with a state, the amount of vacation leave paid will be reduced by any
amount of vacation leave credit given by the new employer. Any vacation leave owed the county shall be deducted
from the employee's final compensation.

Section 11. Vacation and Sick Leave Credit from other Local Governments or States

If a person comes to work for Rockingham County from another local government or from a state, vacation and sick
leave credit may be granted to that new employee. The amount of leave credit may not exceed the amount of leave
which the employee had accumulated with his or her former government employer. Vacation and sick leave credits to
new employees are subject to the approval of the County Manager or the appropriate Board of Authority.




                                                        VI-3
Section 12. Vacation Leave - Payment of Accumulated Vacation Leave Upon Death

The estate of an employee who dies while employed by the county shall be entitled to payment for all of the
accumulated vacation leave credited to the employee's account not to exceed a maximum of thirty (30) days.

Section 13. Sick Leave

Sick leave is not a right which an employee may demand but a privilege granted by the Board of Commissioners for
the benefit of an employee when sick. Temporary employees do not receive sick leave with pay.

Sick leave shall be granted to an employee absent from work for any of the following reasons: sickness, bodily
injury, required physical or dental examination or treatment, or exposure to a contagious disease when continuing to
work might jeopardize the health of others, or illness in the employee's family which requires the care of the
employee. Sick leave may be used for death in the employee's immediate family but may not exceed three (3) days
for any one occurrence, except by special permission from the Department Head.

Immediate family shall be deemed to include spouse, mother, father, guardian, children, sister, and brother, plus the
various combinations of half, step, in-law, and adopted relationships that can be derived from those names.

Notification of the desire to take sick leave should be submitted to the employee's supervisor prior to the leave or not
later than two (2) hours after the beginning of a scheduled workday.

Department Heads are required to notify the County Manager's office when taking sick leave for one day or more.

Section 14. Sick Leave - Manner of Accumulation

Each full-time post-probationary and probationary employee working the basic workweek shall earn sick leave
computed at the following rates:

DAYS EARNED EACH YEAR

40.0 hour workweek = 96 hours sick leave a year
56.0 hour workweek = 134.4 hours sick leave a year

Sick leave earned by post-probationary employees having a workweek with greater or fewer hours than the basic
workweek has been determined in accordance with the formula set forth in Section l9 of this Article. The Department
Head may advance sick leave to an employee who has exhausted sick leave because of a major operation or illness.
This advanced sick leave may not exceed the amount an employee can earn during the current calendar year except
with the approval of the Board of Commissioners.

At the time of the employee's separation, any sick leave owed the county shall be deducted from the employee's final
compensation.

Section 15. Sick Leave - Maximum Accumulation

Sick Leave will be cumulative for an indefinite period.

Section 16. Sick Leave - Physician's Certificate

The employee's supervisor or Department Head may require a physician's certificate concerning the nature of the
illness and the employee's capacity to resume duties for each occasion on which an employee uses sick leave to
protect the health of co-workers and to insure that there is no abuse of sick leave privileges.




                                                          VI-4
Section 17. Sick Leave - Retirement Credit For Accumulated Sick Leave

One (1) month of retirement credit is allowed for each twenty (20) days accrued in an employee's sick leave account
at time of retirement subject to the rules established by the North Carolina Local Governmental Employee's
Retirement System and are otherwise eligible for service retirement.

Section 18. Sick Leave - Previous Leave Credits

Sick leave credits accumulated by each county employee shall be retained as of the effective date of this policy.

Section 19. Calculation of Holiday Leave, Vacation Leave, and Sick Leave

Holiday leave, vacation leave, and sick leave earned by post-probationary employees having a workweek with greater
or fewer hours than the basic workweek shall be determined in accordance with the following formula:

(A) The number of hours worked by such employees shall be divided by the number of hours in the basic workweek .

(B) The proportion obtained in step (a) shall be multiplied by the number of hours of leave earned annually by
employees working the basic workweek.

(C) The number of hours in step (b), divided by twelve, shall be the number of hours of leave earned monthly by the
employees concerned.

Section 20. Leave Without Pay - Policy

A post-probationary or probationary employee may be granted a leave of absence without pay for up to one (l) year by
the appointing authority. The leave shall be used for reasons of personal disability, after both sick leave and desired
amount of vacation leave have been exhausted, continuation of education, special work that will permit the county to
benefit by the experience gained or the work performed, or for other reasons deemed justified by the appointing
authority.

The employee shall apply in writing to the supervisor for leave. The employee is obligated to return to duty within or
at the end of the time determined appropriate by the appointing authority. Upon returning to duty after being on leave
without pay, the employee shall be entitled to return to the same seniority and pay. If the employee decides not to
return to work, the supervisor should be notified immediately. The supervisor shall report this decision to the
appointing authority. Failure to report at the expiration of a leave of absence, unless an extension has been requested,
shall be considered a resignation.

Section 21. Leave Without Pay - Retention and Continuation of Benefits

An employee shall retain all unused vacation and sick leave while on leave without pay. An employee ceases to earn
leave credits on the date leave without pay begins. The employee may continue to be eligible for benefits under the
county's group insurance carriers.

Section 22. Worker's Compensation Leave

An employee absent from duty because of sickness or disability covered by the North Carolina Worker's
Compensation Act may receive Worker's Compensation benefits. Vacation or sick leave may be charged during the
first week during which an employee is absent due to an event covered by Worker’s Compensation. Upon
reinstatement, an employee's salary will be computed on the basis of the last salary earned plus any increment or other
salary increase to which the employee would have been entitled during the disability covered by Worker's
Compensation.

Temporary employees will be placed in a leave without pay status and will receive all benefits for which they may be
adjudged eligible under the Worker's Compensation.



                                                         VI-5
Section 23. Parental Leave

The natural parents of a newborn infant and the parents of a newly-adopted child under five (5) years of age may
request leave without pay under provisions of this policy. The natural mother may use accumulated sick leave for the
actual period of temporary disability caused or contributed to by pregnancy and childbirth; see Sections l3, l4, l5, and
l6.

The appointing authority shall grant leave without pay to the natural mother for all of the time of personal disability
not covered by sick leave (either because the employee has exhausted all sick leave or prefers to retain it). Since there
is no certainty as to when disability actually begins and ends, a doctor's certificate may be required verifying, on a
prescribed form, the employee's period of temporary disability.

Limitation of employment by the employer before and after childbirth is prohibited, except for medical reasons as
determined by a physician.

The natural mother may desire to be on leave from work prior to and/or after the time of actual disability. Leave
without pay may be granted for this purpose under the provisions of this policy.

Leave without pay for the parent of an adopted child can begin no earlier than one (l) week prior to the date the parent
receives custody of the child.

Section 24. Compensatory Leave

Compensatory leave accumulated in accordance with Article III - Section 9, may be used in lieu of or in addition to
vacation leave, sick leave, or parental leave.

Section 25. Military Leave

Post-probationary employees who are members of the National Guard or Armed Force Reserve will be allowed
twelve (l2) workdays, or ninety-six (96) hours, whichever is less, military leave annually with partial compensation.
If the compensation received while on military leave is less than the salary that would have been earned during the
same period as a county employee, the employee should receive partial compensation equal to the difference in the
base salary earned as a reservist or a guardsman and the salary that could have been earned during this same period as
a county employee. The effect will be to maintain the employee's salary at the normal level during this period. If
such military duty is required beyond this twelve (l2) day or ninety-six (96) hour period, the employee should be
eligible to take accumulated vacation leave or be placed in a leave without pay status. While taking military leave
with partial pay or without pay, the employee's leave credits and other benefits shall continue to accrue as if the
employee physically remained with the county during this period. Post-probationary employees who are guardsman
and reservist have all job rights specified in the Veterans Readjustment Act.

Section 26. Civil Leave

A county employee called for jury duty or as a court witness for the federal or state governments or a subdivision
thereof, shall receive leave with pay for such duty during the required absence without charge to accumulated
vacation or sick leave. The county employee may keep all fees received for jury duty in addition to his regular
compensation, but when possible, he must prevent his absence from disrupting the work of his employer.

Section 27. Adverse Weather Leave

Adverse weather leave may be granted to on-duty full-time probationary and post-probationary employees during
periods when the County Manager has closed the county offices because of adverse weather conditions. Employees
who are not scheduled to work or who have scheduled vacation, compensatory, sick leave, or leave without pay prior
to the occurrence of adverse weather are not considered to be on-duty or eligible for adverse weather leave. On-duty
employees who fail to report to work or leave early during adverse weather conditions when the county offices are
open shall be required to take vacation leave, compensatory leave, or leave without pay for the time missed.
Employees of departments which cannot close will not receive adverse weather leave.

                                                         VI-6
Section 28. Education Leave With Pay

Leave at full or partial pay:
A leave of absence for more than eight hours per week at full or partial pay during regular working hours may be
granted to an employee to take one or more college courses which will better equip the employee to perform assigned
duties with the recommendation of the Department Head and the approval of the Board of County Commissioners. A
leave of absence for up to eight hours per week at full or partial pay during regular working hours may be granted to
an employee to take one or more college courses which will better equip the employee to perform assigned duties
with the recommendation of the Department Head and the approval of the County Manager. An employee granted
such extended education leave with pay shall agree to return to the service of the county upon completion of the
college course(s) and remain in the employ of the county for a period equal to twice the educational leave received, or
the employee shall reimburse the county for all compensation (wages only, not tuition) received while on educational
leave. An employee who remains in the employ of the county for only a portion of the time owed shall reimburse the
county on a pro-rata basis for all compensation (wages only, not tuition) received while on educational leave and not
paid back through employment. In the event that an employee takes multiple courses, the periods equal to twice the
educational leave received for each course shall run consecutively.

An employee on educational leave with full pay shall continue to earn leave credit and any other benefits to which
county employees are entitled. An employee on educational leave with partial pay shall earn proportional leave
credits.

Tuition Reimbursement:
An employee may receive reimbursement for one or more college courses taken at a time during or outside of
working hours which will better equip the employee to perform assigned duties, upon the recommendation of the
Department Head and with the approval of the County Manager. The county may reimburse the employee for tuition,
fees, and books for the course(s) provided the employee submits a receipt of expenses for the course(s) and a notice of
successful completion (passing grade or better) of the course(s). The employee is not indebted to the county for
tuition reimbursement.

The Board of County Commissioners reserves the right to alter this policy to address special circumstances for
individual situations.

Section 29. Effect of Basic Workweek Changing from 37.5 to 40 on Previous Credit for
           Vacation and Sick Leave

Beginning July 5, l986 full-time employees who have had a 37.5 hour workweek shall have a forty (40) hour
workweek. In order to prevent the loss of credit for days of vacation and sick leave among those employees
previously working at 37.5 hour workweek, their hours of leave credit on July 4, l986 will be multiplied by l.066.
This new amount will be the basis for future leave credits as provided in this personnel policy.

Section 30. Voluntary Shared Leave Program

PURPOSE

There are occurrences brought about by serious and prolonged medical conditions that cause employees to exhaust all
available leave and therefore be placed on leave-without-pay. It is recognized that such employees forced to go on
leave-without-pay could be without income at the most critical point in their work life. It is also recognized that
fellow employees may wish to voluntarily donate some of their vacation leave so as to provide assistance to a fellow
county employee. This policy would provide an opportunity for employees to assist another affected by a medical
condition that requires absence from duty for a period of time resulting in possible loss of income due to lack of
accumulated leave.

This policy and program will provide the opportunity for one employee to help another on a one to one personal basis.
It does not permit "banking" of leave.



                                                        VI-7
POLICY

In those cases of a medical condition an employee may apply for or be nominated to become a recipient of leave
transferred from the vacation leave account of another employee. For purposes of this policy, medical condition
means medical condition of an employee or a family member of such employee that is likely to require an employee's
absence from duty for a prolonged period of time and to result in a substantial loss of income to the employee due to
limited leave in the employee's leave account. The intent of this policy is to allow one employee to assist another in
case of a crisis involving a serious or prolonged medical condition. It is not the intent of this policy to apply to
incidental, normal, short-term medical conditions.

The use of vacation or sick leave on a shared basis for any purpose other than specified by this policy is prohibited.

Participation in this program is limited to 1,040 hours, either continuously or, if for the same condition on a recurring
basis. However, management may grant employee continuation in the program, month by month for a maximum of
2,080 hours, if management would have otherwise granted leave without pay.

An employee on workers' compensation leave who is drawing temporary total disability compensation may be eligible
to participate in this program. Use of donated leave under the workers' compensation program would be limited to
use during the required waiting period and to the supplemental leave required to maintain the employee's take-home
pay at the time of the qualifying event.

All departments shall develop policies and procedures to implement this program. When implemented by a
department, this program shall be administered by and within the parent department of the recipient employee under
the following conditions:

(A) Qualifying to Participate:

(1) Employee must be in post-probationary, probationary, or trainee appointment status.

(2) By letter of application to the County Manager, a recipient shall apply, or be nominated by a fellow employee to
participate in the program.

(3) Application for participation would include name, social security number, classification,       department,
department from which donations of leave would be requested, description of the medical condition and estimated
length of time needed to participate in the program.

(4) Prior to making the employee's medical status public for purpose of receiving shared leave, the employee must
sign a release to allow the status to be known.

(5) The County Manager shall review the merits of the request and approve or disapprove.

(6) Establishment of a leave "bank" for use by unnamed employees is expressly prohibited.

(B) Participation Requirements:

(1) A non-family member donor may contribute only vacation leave.

(2) A family member who is a county employee may contribute vacation or sick leave to another immediate family
member county employee in any department, provided the recipient employee has been approved for leave transfer
under this program.

For transfer of sick leave to an immediate family member, immediate family member is defined as spouse, parents,
children (including step relationships) and other dependents living in the employee's household.




                                                          VI-8
For transfer of vacation leave to an immediate family member, immediate family member is defined as spouse,
parents, children, brother, sister, grandparents, and grandchildren. Also included are the step, half, and in-law
relationships.

(3) The minimum amount to be donated is 4 hours.

(4) An employee may have no more than 80 hours of combined vacation and sick leave in their account to become
eligible to use donated leave.

(5) An employee family member donating sick leave to a qualified family member under this program may not
reduce his or her sick leave account below 40 hours.

(6) The maximum amount of leave allowed to be donated by one individual is to be no more than the amount of the
individual's annual accrual rate. However, the amount donated is not to reduce the donor's vacation leave balance
below one-half of the annual vacation leave accrual rate.

Example 1 - Employee with 5 but less than 10 years of county service earns 136.5 hours annually employee may
contribute four or more hours but may not reduce vacation leave balance below 68 hours.

Example 2 - Employee with 20 or more years of county service earns 208 hours annually. Employee may contribute
four or more hours but may not reduce vacation leave balance below 104 hours.

(7) Leave donated to a recipient's leave account is exempt from the maximum accumulation carry over restrictions at
calendar year end.

(8) An employee may not directly or indirectly intimidate, threaten, coerce, or attempt to intimidate, threaten, or
coerce, any other employee for the purpose of interfering with any right which such employee may have with respect
to donating, receiving, or using annual leave under this program. Such action by an employee shall be grounds for
disciplinary action up to and including dismissal on the basis of personal conduct. Individual leave records are
confidential and only individual employees may reveal their donation of receipt of leave. The employee donating
leave can not receive remuneration for the leave donated.

(C) Donor Leave Accounting and Usage Procedures:

(1) Withdrawals from recipient's leave account will be charged to the recipient's account according to usual leave
policies.

(2) On the date of implementation in any department, leave transferred under this program will be available for use
on a current basis or may be retroactive for up to 30 calendar days to substitute for leave without pay or advanced
vacation or sick leave already granted to the leave recipient. Retroactivity is limited to 30 calendar days from the
implementation date of the policy in the department.

(3) At the expiration of the medical condition, a determined by the agency, any unused leave in the recipient's donated
account shall be treated as follows:

(a) The vacation leave account balance may not exceed 80 hours.

(b) In case of the death of the employee, leave would be administered in accordance with Article VI, Section 12.

(c) Any additional unused donated leave beyond 80 hours will be returned to the donor(s) on a prorated basis.
Fraction of one hour shall not be returned to an individual donor.

(d) Each approved emergency medical condition shall stand alone and donated leave not used in accordance with the
above provisions shall be considered as having served its purpose, shall lose its identity, and shall be deleted and the
account closed.



                                                         VI-9
Section 31. Family Leave Policy

Employees who have worked for Rockingham County for at least twelve (12) months and at least 1,250 hours during
the prior twelve (12) months may take up to twelve (12) weeks of unpaid leave (FMLA leave) for the following
reasons:

(A) Birth and/or care of a child of the employee;

(B) Placement of a child into the employee's family by adoption or by a foster care arrangement;

(C) Care of the employee's spouse, child or parent who has a serious health condition; or

(D) Inability of the employee to perform the function's of the employee's position due to a serious health condition.

Any employee using accrued compensatory leave, paid sick leave, and/or vacation leave for any FMLA purpose will
have that paid leave counted toward their twelve (12) weeks of FMLA leave.

Any FMLA leave taken by an employee during the preceding twelve (12) month period will be used to determine the
amount of available leave pursuant to the Family and Medical Leave Act. For example, if an employee used four
weeks of leave beginning February 1, 1994, four weeks of leave beginning June 1, 1994 and four weeks of leave
beginning December 1, 1994, the employee would not be entitled to any additional leave until February 1, 1995. On
February 1, 1995, the employee would be entitled to four weeks of leave and on June 1, the employee would be
entitled to an additional four weeks, etc.

The right to family leave for the birth and/or placement of a child in an employee's family may only be taken within
the twelve (12) months after the date of the birth or placement of the child. In the case of unpaid leave for the birth or
placement of a child, intermittent leave or working a reduced number of hours is not permitted, unless both the
employee and County agree. If both spouses are employed by the County, the combined leave shall not exceed
twelve (12) weeks.

For purposes of this policy, a serious health condition means an illness, injury, impairment or physical or mental
condition that involves:

(A) Any period of incapacity or treatment in connection with or consequent to in-patient care in a hospital, hospice
or residential medical care facility.

(B) Any period of incapacity requiring absence from work or other regular daily activities for more than three (3)
calendar days that also involves continuous treatment by or under the supervision of a healthcare provider; or

(C) Continuous treatment by or under the supervision of a healthcare provider for a chronic long-term health
condition that is incurable or so serious that if not treated would result in a period of incapacity of more than three (3)
calendar days; or

(D) Prenatal care.

In the case of unpaid leave for serious health conditions, the leave may be taken intermittently or on a reduced hours
basis only if such leave is medically necessary. Where an employee requests intermittent leave or leave on a reduced
hours basis due to a family member's or the employee's own serious health condition, the County has the option, in its
sole discretion, to require the employee to transfer to a temporary alternative job for which the employee is qualified
and which better accommodates the intermittent leave or reduced hours leave than the employee's regular job. The
temporary position will have equivalent pay and benefits as the employee's regular job.

In order to be paid employees are required to use their available compensatory leave, vacation leave, and/or sick leave
during the twelve (12) week family leave period. NOTE: That portion of the family leave of absence which is
vacation time and/or sick days will be with pay according to the County's policies regarding vacation time and sick
days. The employee will be notified immediately in writing that the vacation time and sick days will be counted

                                                          VI-10
towards the twelve (12) weeks of family leave. If written notice is not given to the employee by the date of expiration
of the leave, the leave will not be counted towards the employee's available twelve (12) weeks of family leave.

When the necessity of leave is foreseeable due to the expected birth or placement of a child, the employee must
provide the County at least thirty (30) days notice of the employee's intention to take leave. If the date of birth or
placement of a child requires the employee's leave to begin in less than thirty (30) days for the date of notice to the
County, the employee must provide such notice as soon as practical. Where the necessity for leave is due to a family
member's or an employee's own serious health condition and is foreseeable based on a planned medical treatment, the
employee must:

(A) Give at least thirty (30) days notice, or soon as practicable if treatment starts in less than thirty (30) days; and

(B) Make a reasonable effort to schedule the treatment so as not to unduly disrupt the operation of the County,
subject to the approval of the healthcare provider.

Where the need for leave is unforeseeable, the employee must give notice as soon as practical. Any leave request
based on a family member's or employee's own serious health condition must be supported by certification from a
healthcare provider. The employee must provide a copy of the certification to the County in a timely manner. (Fifteen
calendar days will be allowed to provide the certification.) Certification from the healthcare provider must contain:

(A) The date the serious health condition began;

(B) The possible duration of the condition;

(C) The appropriate medical facts regarding the condition;

(D) If the leave is based on the care of a spouse, child or parent, a statement that the employee is needed to provide
the care and an estimate of the amount of time that need will continue;

(E) If the leave is based on the employee's own serious health condition, a statement that the employee is unable to
perform the functions of his/her job; and

(F) In the case of intermittent leave or leave on a reduced hours basis for planned medical treatment, the date the
treatment is expected to be given and the duration of the treatment.

During family leaves of absence, the County will continue to pay its portion of the health insurance premiums and the
employee must continue to pay his/her share of the premium. Failure of the employee to pay his/her share of the
health insurance premium may result in loss of coverage. If the employee does not return to work after the expiration
of the leave, the employee will be required to reimburse the County for payment of health insurance premiums during
the family leave, unless the employee does not return because of the presence of a serious health condition which
prevents the employee from performing his/her job or circumstances beyond the control of the employee.

During unpaid family leave, the employee shall not accrue employment benefits, such as vacation and sick leave.
Employment benefits accrued by the employee up to the day on which the family leave of absence begins will not be
lost.

The County may require an employee on FMLA to report periodically on his/her status and the intention of the
employee to return to work, and also periodic recertification of the medical condition. An employee taking leave due
to the employee's serious health condition is required to obtain certification that the employee is able to resume work
prior to the return from any FMLA leave.

Employees who return to work from family leave of absence within or on the business day following the expiration of
the twelve (12) weeks are entitled to return to their job or an equivalent position without loss of benefits or pay.




                                                           VI-11
PROCEDURE

Applications for family leave of absence must be submitted in writing and signed by the employee's Department
Head. Applications should be submitted at least thirty (30) days before the leave is to commence or as soon as
possible if thirty (30) days notice is not possible. Appropriate forms must be submitted to the Personnel Office to
initiate a family leave or to return the employee to active status.




                                                      VI-12
  Article VII. SEPARATION, DISCIPLINARY ACTION AND REINSTATEMENT

Section 1. Types of Separation

All separations of employees from positions in the service of the county shall be designated as one of the following
types and shall be accomplished in the manner indicated: resignation, reduction in force, disability, retirement,
dismissal, or death.

Section 2. Resignation

A minimum of two (2) weeks' notice is expected for all resigning personnel. Such notice should be given to the
Department Head or in the case of Department Heads, to the County Manager or to the appropriate Board of
Authority.

Section 3. Reduction in Force

In the event that a reduction in force becomes necessary, consideration shall be given to the quality of each
employee's past performance, organizational needs and seniority in determining those employees to be retained.
Employees who are laid off because of reduction in force shall be given at least two (2) weeks' notice of anticipated
lay-off. No post-probationary employee shall be separated while there are temporary employees serving in the same
class in the department, unless the post-probationary employee is not willing to transfer to the position held by the
temporary employee.

Section 4. Disability

An employee may be separated for disability when the employee cannot perform the required duties because of
physical or mental impairment. Action may be initiated by the employee or the county but in all cases shall be
supported by medical evidence as certified by a competent physician. The county may require an examination at its
expense and performed by a physician of its choice. Before an employee is separated for disability, a reasonable
effort shall be made to locate alternative positions within the county's service for which the employee may be suited.

Section 5. Retirement Age

All county law enforcement personnel shall automatically retire on the last day of the fiscal year in which the
employee reaches age seventy (70) unless the Board of Commissioners grants a one (l) year extension. Such
extensions shall be based upon the recommendation of the appointing authority and upon the findings of a medical
examiner designated by the county. Such extensions shall be applied for by an employee no less than ninety (90 days
prior to end of the fiscal year during which he has his seventieth (70th) birthday.

Section 6. Death

All compensation due in accordance with Article VI, Section l0 of this policy will be paid to the estate of a deceased
employee. The date of death shall be recorded as the separation date for computing compensation due.




                                                        VII-1
Section 7. Disciplinary Actions

(A) Any employee, regardless of occupation, position, or profession may be warned, demoted, suspended, or
dismissed by the appointing authority. Such actions may be taken against employees with post-probationary status for
just cause. ( For competitive service employees in permanent status as defined in 25 NCAC II.2002(a) (2) such
actions may be taken only for just cause.) The degree and type of action taken shall be based upon the sound and
considered judgment of the appointing authority in accordance with the provisions of this policy. When just cause
exists the only disciplinary actions provided for under this provision are:

(1)   Written warning;
(2)   Disciplinary suspension without pay;
(3)   Demotion; and
(4)   Dismissal.

(B) There are two bases for the discipline or dismissal of employees under the statutory standard of "just cause" as
set out in G. S. 126-35 and this policy. These two bases are:

(1) Discipline or dismissal imposed on the basis of unsatisfactory job performance, including grossly inefficient job
performance.

(2) Discipline or dismissal imposed on the basis of unacceptable personal conduct.

(C) Either unsatisfactory or grossly inefficient job performance or unacceptable personal conduct, as defined in 25
NCAC 1I.2302(a); .2303(a): and .2304(b), constitutes just cause for discipline or dismissal. The categories are not
mutually exclusive, as certain actions by employees may fall into both categories, depending upon the facts of each
case. No disciplinary action shall be invalid solely because the disciplinary action is labeled incorrectly.

(D) The imposition of any disciplinary action shall comply with the procedural requirements of this Article.

Department Heads may be suspended, demoted, or dismissed by the County Manager or the appropriate board of
authority because of failure in performance of duties or failure in personal conduct.

Disciplinary actions involving the Clerk to the Board, County Assessor and Tax Collector, and County Attorney must
be taken by the Board of Commissioners.

Disciplinary actions involving a director of Mental Health, Public Health, or Social Services must be taken by the
appropriate Board of Authority.

Disciplinary actions involving Directors of Departments with Advisory Boards must be taken by the County Manager.
These are departments such as, but not limited to, Economic Development, Library, Planning, and Youth Involvement
Program.

Section 8. Failure in Performance of Duties

(A) Unsatisfactory job performance is work related performance that fails to satisfactorily meet job requirements as
specified in the relevant job description, work plan or as directed by the management of the work unit or agency.

(B) The intent of this section is to assist and promote improved employee performance, rather than to punish. This
policy rule covers all types of performance related inadequacies. This section does not require that successive
disciplinary actions all concern the same type of unsatisfactory performance. Disciplinary actions related to personal
conduct may be included in the successive system for performance-related dismissal provided that the employee
receives at least the number of disciplinary actions, regardless of the basis of the disciplinary actions, required for
dismissal on the basis of inadequate performance. Disciplinary actions administered under this section are intended to
bring about a permanent improvement in job performance; should the required improvement later deteriorate, or other
inadequacies occur, the supervisor may deal with this new unsatisfactory performance with further disciplinary action.



                                                        VII-2
(C) In order to be dismissed for a current incident of unsatisfactory job performance an employee must first receive
at least two prior disciplinary actions: First, one or more written warnings; followed by a warning or other
disciplinary action which notifies the employee that failure to make the required performance improvements may
result in dismissal.

(D) Prior to the decision to dismiss an employee, the department head or his designee must conduct a pre-dismissal
conference with the employee in accordance with the procedural requirements of this section.

(E) An employee who is dismissed must receive written notice of the specific reasons for the dismissal as well as
notice of any applicable appeal rights.

(F) Failure to give specific written reasons for the dismissal, failure to give written notice of applicable appeal rights,
or failure to conduct a pre-dismissal conference constitute procedural violations. Remedies for competitive service
employees are provided in 25 NCAC 1B .0432. Time limits for filing a grievance do not start until the employee
receives written notice of any applicable appeal rights.

Section 9. Dismissal for Grossly Inefficient Job Performance

(A) Gross Inefficiency (Grossly Inefficient Job Performance) occurs in instances in which the employee fails to
satisfactorily perform job requirements as specified in the job description, work plan, or as directed by the
management of the work unit or agency and that failure results in:

(1) The creation of the potential for death or serious harm to a client(s), an employee(s), members of the public or to
a person(s) over whom the employee has responsibility; or

(2) The loss of or damage to agency property or funds that result in a serious impact on the agency and/or work unit.

(B) Dismissal on the basis of grossly inefficient job performance is administered in the same manner as for
unacceptable personal conduct. Employees may be dismissed on the basis of a current incident of grossly inefficient
job performance without any prior disciplinary action.

(C) Prior to dismissal of an employee with post-probationary or permanent status on the basis of grossly inefficient
job performance, there shall be a pre-dismissal conference between the employee and the department head or his
designee. This conference shall be held in accordance with the provisions of 25 NCAC 1I .2308 in the case of a
competitive service employee.

(D) Dismissals for grossly inefficient job performance require written notification to the employee. Such notification
must include specific reasons for the dismissal and notice of the employee's right of appeal.

(E) Failure to give specific written reasons for the dismissal, failure to give written notice of applicable appeal rights,
or failure to conduct a pre-dismissal conference constitutes procedural violations with remedies for competitive
service employees as provided for in 25 NCAC 1B .0432. Time limits for filing a grievance do not start until the
employee receives written notice of any applicable appeal rights.

Section 10. Failure in Personal Conduct

(A) Employees may be dismissed for a current incident of unacceptable personal conduct.

(B) Unacceptable Personal Conduct is:

(1) Conduct for which no reasonable person should expect to receive prior warning; or

(2) Job related conduct which constitutes a violation of state or federal law; or

(3) Conviction of a felony or an offense involving moral turpitude that is detrimental to or impacts the employee's
service to the agency; or

                                                          VII-3
(4) The willful violation of known or written rules; or

(5) Conduct unbecoming an employee that is detrimental to the agency's service; or

(6) The abuse of client(s), patient(s), student(s), or a person(s) over whom the employee has charge or to whom the
employee has a responsibility, or of an animal owned or in the custody of the agency; or

(7) Falsification of an employment application or other employment documentation; or

(8) Insubordination which is the willful failure or refusal to carry out a reasonable order from an authorized
supervisor. Insubordination is considered unacceptable personal conduct for which any level of discipline, including
dismissal, may be imposed without prior warning.

(9) Absence from work after all authorized leave credits and benefits have been exhausted.

(C) Prior to dismissal of an employee with post-probationary or permanent status on the basis of unacceptable
personal conduct, there shall be a pre-dismissal conference between the employee and the department head or his
designee. This conference shall be held in accordance with the provisions of 25 NCAC 1I .2308 for competitive
service employees.

(D) Dismissals for unacceptable personal conduct require written notification to the employee. Such notification
must include specific reasons for the dismissal and notice of the employee's right of appeal.

(E) Failure to give specific written reasons for the dismissal, failure to give written notice of applicable appeal rights
or failure to conduct a pre-dismissal conference constitute procedural violations with remedies for competitive service
employees as provided in 25 NCAC 1B .0432. Time limits for filing a grievance do not start until the employee
receives written notice of any applicable appeal rights.

Section 11. Written Warning

(A) The supervisor shall monitor and promote the satisfactory performance of work assignments and acceptable
standards of personal conduct. All types of performance related job inadequacies can constitute unsatisfactory job
performance under this Section. Unacceptable personal conduct can be work related or non work related conduct and
may be intentional or unintentional. When the supervisor determines that disciplinary action is appropriate for
unsatisfactory job performance, a written warning is the first type of disciplinary action that an employee must
receive. The supervisor may elect to issue a written warning for grossly inefficient job performance or unacceptable
personal conduct. The written warning must:

(1) Inform the employee that this is a written warning and not some other nondisciplinary process such as
counseling;

(2) Inform the employee of the specific issues that are the basis for the warning;

(3) Tell the employee what specific improvements, if applicable, must be made to address these specific issues;

(4) Tell the employee the time frame allowed for making the required improvements/corrections. Absent a specified
time frame, 60 days is the time frame allowed for correcting unsatisfactory job performance. Immediate correction is
required for grossly inefficient job performance or unacceptable personal conduct.

(5) Tell the employee the consequences of failing to make the required improvements/corrections.

(B) A written warning must be issued in accordance with the procedural requirements of this Article, including any
applicable appeal rights.




                                                          VII-4
Section 12. Suspensions Without Pay for Serious Workplace Misconduct

An employee subject to the overtime provisions of the Fair Labor Standards Act may be suspended without pay for
disciplinary purposes for unsatisfactory job performance after the receipt of at least one prior disciplinary action or for
causes relating to any form of unacceptable personal conduct or grossly inefficient job performance.

All employees, hourly, salaried, exempt and nonexempt, may be suspended for one or more whole days without pay
for violations of the following workplace conduct rules, committed on or off-site. The list is not exhaustive and
workplace misconduct that is serious, disruptive, and harmful and, in the view of management, is of a similar level as
the examples provided below, will result in disciplinary suspensions without pay for one or more whole days.

(1) Unlawful harassment, including sexual, racial, disability, religious, national origin, or other protected
characteristic or harassment for exercising a protected right.

(2) Threatening, enticing, encouraging, or committing workplace violence, including physical assault, physical
altercation, physical intimidation, including making another person, reasonably fear physical harm to self or property.

(3) Theft, sabotage, or vandalism of property, including intellectual property, belonging to the employer or other
employee.

(4) Violation of the drug and alcohol policy.

(5) Violations of state or federal laws, other than minor traffic violations.

(6) Violations of serious OSHA requirements including failing to take established Personal Precautions and failing to
use Personal Protective Equipment when required.

(7) Abuse, neglect, or harassment of a patient or consumer of services.

(8) Violating the rights of a consumer of services or patient receiving services as defined by state or federal law.

(9) Exposing a patient or consumer of services to undue and unnecessary risk of injury or illness.

Prior to placing any employee on disciplinary suspension without pay the department head or his designee shall
conduct a pre-suspension conference with the employee in accordance with the procedural requirements of this
Section. An employee who has been suspended without pay must be furnished a statement in writing setting forth the
specific acts or omissions that are the reasons for the suspension and the employee's appeal rights.

Section 13. Demotion

(A) Any employee may be demoted as a disciplinary measure. Demotion may be made on the basis of either
unsatisfactory or grossly inefficient job performance or unacceptable personal conduct.

(1) Unsatisfactory Job Performance. An employee may be demoted for unsatisfactory job performance after the
employee has received at least one prior disciplinary action.

(2) Grossly Inefficient Job Performance. An employee may be demoted for grossly inefficient job performance
without any prior disciplinary action.

(3) Personal Conduct.       An employee may be demoted for unacceptable personal conduct without any prior
disciplinary action.

(4) An employee who is demoted must receive written notice of the specific reasons for the demotion, as well as
notice of any applicable appeal rights.

(B) Disciplinary demotions may be accomplished in three ways:

                                                          VII-5
(1) The employee may be demoted to a lower pay grade with a reduction in salary rate as long as the new salary rate
does not exceed the maximum of the salary range for the new lower pay grade;

(2) The employee may be demoted to a lower pay grade without a reduction in salary rate as long as the salary rate
does not exceed the maximum of the salary range for the new lower pay grade; or

(3) The employee may be demoted while retaining the same pay grade with a reduction in salary rate. In no event
shall an employee's salary rate be reduced to less than the minimum salary rate for the applicable pay grade or the
special entry rate, if in effect.

(C) Prior to the decision to demote an employee for disciplinary reasons, the department head or his designee must
conduct a pre-demotion conference with the employee in accordance with the procedural requirements of this Article.

Section 14. Procedural Requirements

The following procedural requirements must be followed to issue disciplinary action under this Article:

(1) WRITTEN WARNING - to issue a written warning to a competitive service employee a supervisor must issue the
employee a written warning detailing the matters referenced in 25 NCAC 1I .2305, and including any applicable
appeal rights.

(2) DISCIPLINARY SUSPENSION WITHOUT PAY - to place an employee on disciplinary suspension without
pay, the department head or his designee must comply with the following procedural requirements:

(a) In matters of unsatisfactory job performance, insure that the employee has received at least one prior disciplinary
action. In matters of grossly inefficient job performance or unacceptable personal conduct, no prior disciplinary
actions are required, so an employee may be suspended without pay for a current incident of grossly inefficient job
performance or unacceptable personal conduct.

(b) Schedule and conduct a pre-suspension conference. Advance oral or written notice of the conference must be
given to the employee of the time, location, and the issue for which discipline has been recommended. The amount of
advance notice should be as much as is practical under the circumstances;

(c) Furnish the employee a statement in writing setting forth the specific acts or omissions that are the reasons for
the suspension;

(d) Advise the employee of any applicable appeal rights in the document affecting the suspension.

(3) DEMOTION - to demote an employee the department head or his designee must comply with the following
procedural requirements:

(a) In matters of unsatisfactory job performance, insure that the employee has received at least one              prior
disciplinary action;

(b) In matters of grossly inefficient job performance or unacceptable personal conduct, there is no requirement for
previous disciplinary action, so an employee may be demoted for a current incident of grossly inefficient job
performance or unacceptable personal conduct without any prior disciplinary action;

(c) Give advance oral or written notice of the appropriate pre-disciplinary conference to the employee of the time,
location, and the issue for which discipline has been recommended. The amount of advance notice should be as
much as is practical under the circumstances.

(d) Give an employee who is demoted written notice of the specific acts or omissions that are the reasons for the
demotion;



                                                        VII-6
(e) Advise the employee of how and to what extent the demotion will affect the employee's salary rate or pay grade;
and

(f)   Advise the employee of any applicable appeal rights in the document affecting the demotion.

(4) DISMISSAL - Before an employee may be dismissed, an agency must comply with the following procedural
requirements:

(a) The supervisor recommending dismissal shall discuss the recommendation with the department head or his
designee who shall conduct a pre-dismissal conference with the employee. The person conducting the pre-dismissal
conference must have the authority to decide what, if any, disciplinary action should be imposed on the employee.

(b) The supervisor or designated management representative shall schedule a pre-dismissal
conference with the employee.

(c) Advance written notice of the pre-dismissal conference must be given to the employee of the time, location, and
the issue for which dismissal has been recommended. The amount of advance notice should be as much as is
practical under the circumstances.

(d) The department head or his designee shall conduct a pre-dismissal conference with the employee, limiting
attendance to the employee and the person conducting the conference; a second management representative may be
present at management's discretion. The purpose of the pre-dismissal conference is to review the recommendation
for dismissal with the affected employee and to listen to and to consider any information put forth by the employee in
order to insure that a dismissal decision is sound and not based on misinformation or mistake. Security personnel
may be present when, in the discretion of the person conducting the conference, a need for security exists. No
attorneys representing either side may attend the conference.

(e) In the conference management shall give the employee oral or written notice of the
recommendation for dismissal, including specific reasons for the proposed dismissal and a summary of the
information supporting that recommendation. The employee shall have an opportunity to respond to the proposed
dismissal action and to offer information or arguments in support of the employee's position. Every effort shall be
made by management to assure that the employee has a full opportunity during the conference to set forth any
available information in opposition to the recommendation to dismiss. This opportunity does not include the option to
present witnesses.

(f) Following the conference, department management shall review and consider the response of the employee and
reach a decision on the proposed recommendation. If management's decision is to dismiss the employee, a written
letter of dismissal containing the specific reasons for dismissal, the effective date of the dismissal and the employee's
appeal rights shall be issued to the employee in person or by certified mail, return receipt requested, to the last known
address of the employee. To minimize the risk of dismissal upon erroneous information, and to allow time following
the conference for management to review all necessary information, the decision to dismiss should not be
communicated to the employee in accordance with this subparagraph prior to the beginning of the next business day
following the conclusion of the pre-dismissal conference, or after the end of the second business day following the
completion of the pre-dismissal conference.

(g) The effective date of a dismissal for unsatisfactory job performance shall be determined by department
management. An employee with post-probationary or permanent status who is dismissed for unsatisfactory job
performance may, at management's discretion, be given up to two weeks working notice of his dismissal. Instead of
providing up to two weeks working notice and at the discretion of management an employee may be given up to two
weeks pay in lieu of the working notice. Such working notice or pay in lieu of notice is applicable only to dismissals
for unsatisfactory job performance. The effective date of the dismissal shall not be earlier than the letter of dismissal
nor more than 14 calendar days after the notice of dismissal.




                                                         VII-7
Section 15. Special Provisions

(A) GRANDFATHER PROVISIONS - The following grandfather provisions establish the force and effect of
disciplinary actions in existence on January 7, 1996.

(1) Oral warnings - any oral warning existing on January 7, 1996 shall have no further force or effect as a formal
disciplinary action upon the status of an employee.

(2) All other disciplinary actions existing on January 7, 1996 shall remain in full force and effect as if the warnings
or other disciplinary actions had been imposed under this Article. No written warning or other disciplinary action
imposed prior to the effective date of this Article shall be deemed inactive by operation of the provisions of this
Article until more than 18 months after the effective date of this Article or for competitive service employees until the
disciplinary action is deemed inactive in accordance with 25 NCAC 1I .2309(b), whichever occurs first.

(3) Extension of Disciplinary Actions- any written warning or disciplinary action imposed prior to January 7, 1996
may be extended in accordance with the provision of this Article as if the warning or disciplinary action had been
imposed after January 7, 1996. No unresolved written warning or disciplinary action issued prior to January 7, 1996
shall become inactive if within 18 months of January 7, 1996, another disciplinary action or warning is imposed on
the employee. Notice of the extension of the active status of a disciplinary action can be given at any time within 18
months of the effective date of the disciplinary action.

(4) Resolution of disciplinary actions under prior department- any warning or disciplinary action existing on
January 7, 1996 shall be deemed inactive if it would have been resolved under the departmental procedure existing
prior to January , 1996.

(B) INACTIVE DISCIPLINARY ACTION- Any disciplinary action issued after January 7, 1996, is deemed
inactive for the purpose of this Article in the event that:

(1) The department head or supervisor notes in the employee's personnel file that the reason for the disciplinary
action has been resolved or corrected; or

(2) 18 months have passed since the warning or disciplinary action, the employee does not have another active
warning or disciplinary action which occurred within the last 18 months and the department has not, prior to the
expiration of the 18 month period, issued to the employee written notice, including reasons, of the extension of the
period.

(C) PLACEMENT ON INVESTIGATION - Investigation status is used to temporarily remove an employee from
work status. Placement on investigation with pay does not constitute a disciplinary action as defined in this Article or
in G. S. 126-35. Department management must notify an employee in writing of the reasons for investigatory
placement not later than the second scheduled work day after the beginning of the placement. An investigatory
placement with pay may last no longer than 30 calendar days without written notice of extension by the department
director. When an extension beyond the thirty-day period is required, the department must advise the employee in
writing of the extension, the length of the extension, and the specific reasons for the extension. If no action has been
taken by a department by the end of the 30 day period and no further extension has been imposed, the department
must either take appropriate disciplinary action on the basis of the findings of the investigation, or return the
employee to active work status. Under no circumstance is it permissible to use placement on investigation status for
the purpose of delaying an administrative decision on an employee's work status pending the resolution of a civil or
criminal court matter involving the employee. It is permissible to place an employee in investigation status with pay
only under the following circumstances:

(1) To investigate allegations of performance or conduct deficiencies that would constitute just cause for disciplinary
action;

(2) To provide time within which to schedule and conduct a pre-disciplinary conference; or

(3) To avoid disruption of the work place and/or to protect the safety of persons or property.

                                                         VII-8
(D) CREDENTIALS - By statute and rule, some duties assigned to positions may be performed only by persons
who are duly licensed, registered or certified as required by the relevant provision. All such requirements and
restrictions are specified in the statement of essential qualifications or recruitment standards for classifications
established by the State Personnel Commission and /or in the position description for the position.

(1) Employees in such classifications are responsible for obtaining and maintaining current, valid credentials as
required by law, rule, or regulation. Failure to obtain or maintain the legally required credentials constitutes
unacceptable personal conduct or grossly inefficient job performance. An employee who is dismissed for failure to
obtain or maintain credentials shall be dismissed under the procedural requirements applicable to dismissals for
unacceptable personal conduct or grossly inefficient job performance.

(2) Falsification of employment credentials or other documentation in connection with securing employment
constitutes just cause for disciplinary action. When credential or work history falsification is discovered after
employment with a department, disciplinary action shall be administered as follows:

(a) If an employee was determined to be qualified and was selected for a position based upon falsified work
experience, education, registration, licensure, or certification information that was a requirement for the position, the
employee must be dismissed. For competitive service employees this procedure must be in accordance with 25
NCAC 1I .2304.

(b) In all other cases of post-hiring discovery of false or misleading information, disciplinary action will be taken,
but the severity of the disciplinary action shall be at the discretion of the department head.

(c) When credential or work history falsification is discovered before employment with a
department, the applicant shall be disqualified from consideration for the position in question.

(E) OTHER SPECIAL PROVISIONS

(1) Every disciplinary action shall include notification to the employee in writing of any applicable appeal rights.

(2) Warnings, extensions of disciplinary actions, and periods of placement on investigation and placement on
investigation with pay are not grievable unless a department specifically provides for such a grievance in its
departmental grievance procedure. Allegations of a violation of G. S. 153A-98, 130A-42, 122C-158 shall be
processed in compliance with procedures established in accordance with these statutory requirements.

(3) A department shall furnish to an employee, as an attachment to the written documentation of a grievable
disciplinary action, a copy of the county grievance procedure.

When a Department Head fails in the performance of duties, the supervisory and department head actions described
above are taken by the County Manager or the appropriate Board of Authority.

Section 16. Employee Appeal

(A) A post-probationary general county employee wishing to appeal a demotion, suspension or dismissal may
present the matter in accordance with the provisions of the grievance procedure prescribed in Article VIII of this
personnel policy.

(B) A competitive service employee with permanent status who has been demoted, suspended or dismissed shall
have 15 calendar days from the date of his receipt of written notice of such action to file an appeal with the county
grievance procedure. Grievances which do not allege discrimination must follow the county grievance procedure.
Appeal of a final agency decision must be filed in accordance with G. S. 150B-23 and within 30 calendar days of
receipt of the final agency decision.

(C) Grievances which allege discrimination may, at the election of the employee, proceed through the county
procedure or proceed directly to the State Personnel Commission (SPC) for a hearing by the Office of Administrative
Hearings (OAH) and a decision by the SPC. A direct appeal to the SPC (such appeal involving a contested case

                                                         VII-9
hearing by the OAH and a recommended decision by that agency to the SPC) alleging discrimination must be filed in
accordance with G. S. 150B-23 and must be filed within 30 calendar days of receipt of notice of the alleged
discriminatory act.

(D) Grievances filed on an untimely basis (see G.S. 126-35, G.S. 126-36; and G. S. 126-38) must be dismissed.
Allegations of discrimination, if raised more than 30 calendar days after the party alleging discrimination became
aware or should have become aware of the alleged discrimination, must be dismissed.

Section 17. Reinstatement

An employee who resigns while in good standing or who is separated because of reduction in force may be reinstated
within one (1) year of the date of separation, with the approval of the Department Head and the appointing authority.
An employee who enters extended active duty with the Armed Forces of the United States, the Public Health Service
or with a Reserve component of the Armed Forces will be granted reinstatement rights commensurate with Chapter 43
of Public Law 93-508. An employee who is reinstated shall be credited with previous service and previously accrued
sick leave and will receive all benefits provided in accordance with this policy and state law. The salary paid a
reinstated employee shall be as close as reasonably possible, given the circumstances of each employee's case, to the
salary previously attained by the employee in the salary range for the previous class work, plus any across-the-board
pay increases.




                                                      VII-10
       Article VIII.             GRIEVANCE PROCEDURE, DISCRIMINATORY AND
                                    ADVERSE ACTION APPEAL

Section 1. Grievance and Adverse Action - Definitions

A grievance is a claim or complaint based upon an event or condition which affects the circumstances under which an
employee works, allegedly caused by misinterpretation, unfair application, or lack of established policy pertaining to
employment conditions. A grievance might involve alleged safety or health hazards, unsatisfactory physical facilities,
surroundings, materials or equipment, unfair or discriminatory supervisory or disciplinary practices, unjust treatment
by fellow workers, unreasonable work quotas, or any other grievance relating to conditions of employment.

An adverse action is a demotion, dismissal, reduction in pay, layoff, or an undesirable transfer or suspension.

Section 2. Grievance Procedure and Adverse Appeal - Policy

In order to maintain a harmonious and cooperative relationship between the county and its employees, it is the policy
of the county to provide for the settlement of problems and differences through an orderly grievance procedure.
Every post-probationary or permanent employee shall have the right to present his problem grievance or adverse
action appeal in accordance with the established policy free from interference, coercion, restraint, discrimination, or
reprisal.

It is the responsibility of supervisors at all levels, consistent with authority delegated to them, to consider and take
appropriate action promptly and fairly on a grievance or adverse action appeal of any employee.

In adopting this policy, the county sets forth the following objectives to be attained in this program:

(A) Assure employees of a way in which they can get their problems or complaints considered rapidly, fairly, and
without fear or reprisal.

(B) Encourage employees to express themselves about how the conditions of work affect them as employees.

(C) Get better employee understanding of policies, practices and procedures which affect them.

(D) Provide employees with assurance that actions are taken in accordance with policies.

(E) Provide a check on how policies are carried out by supervisors.

(F) Give supervisors a greater sense of responsibility in their dealings with employees.

Section 3. Grievance and Adverse Action Appeal Procedure Non-Discrimination

Any post-probationary county employee having a problem or grievance arising out of or due to his employment and
who does not allege discrimination because of his age, sex, race, color, national origin, religion, creed, physical
disability, or political affiliation shall first discuss the problem or grievance with his supervisor and follow the
grievance and adverse action appeal procedure established by the county.

STEP ONE:

The employee with a grievance or adverse action appeal shall present the matter orally or in writing to his immediate
supervisor within thirty (30) working days of its occurrence or within thirty (30) working days of the time employee
learns of its occurrence, with the objective of resolving the matter informally. If the exact date cannot be established
for the occurrence of a grievance circumstance, the thirty (30) day limit may be waived, but the employee shall file
the grievance within a reasonable time period. The supervisor should be and is encouraged to consult with any


                                                         VIII-1
employee or officer deemed necessary to reach a correct, impartial and equitable determination and shall give the
employee an answer as soon as possible but within five (5) working days.

STEP TWO:

If the decision is not satisfactory to the employee in Step l, or if he fails to receive an answer within the designated
period provided in Step l, he may file the grievance in writing within ten (l0) working days with the Department Head,
who shall hear the grievance and render a decision in writing within a maximum of ten (l0) working days.

For employees in the Sheriff's Department and the Register of Deeds office, there shall be no appeal beyond the
decision of the respective Department Heads.

STEP THREE:

Grievance

General County Employee - If the decision is not satisfactory to a general county employee in Step 2, or if he or she
fails to receive an answer within the designated period provided in Step 2, an employee may file the grievance with
the County Manager within thirty (30) days. The County Manager shall hear the grievance appeal within thirty (30)
days, and shall render a decision in writing within thirty (30) days after the hearing. Recesses or continuances may
be granted by the County Manager. The County Manager's decision shall be final regarding the grievance.

Adverse Action

General County Employee - In an adverse action case (demotion, dismissal, reduction in pay, layoff, or an undesirable
transfer or suspension), the general county employee may appeal to the County Manager within thirty (30) days. The
County Manager shall hear the adverse action within thirty (30) days after receiving notice of the appeal, and shall
render a decision in writing within thirty (30) days after the hearing. Recesses and continuances may be granted by
the County Manager. The County Manager's decision shall be final regarding the adverse action.


Competitive Service Employee - If a competitive service employee is not satisfied with the Step 2 decision or if he
fails to receive an answer within thirty days of his Step 2 hearing, he may file the grievance or adverse action appeal
with the State Personnel Commission within thirty (30) days after receipt of notice of the Department Head’s Step 2
decision, or within sixty (60) days from the Step 2 hearing if he fails to receive an answer.

The grievant shall be informed in writing that an appeal to the State Personnel Commission may be made by filing a
request with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447.
Grievances involving disciplinary action or allegations of discrimination appealed to the State Personnel Commission,
either from a final decision of the agency grievance procedure or directly because of allegations of discrimination,
will be heard by a hearing officer of the Office of Administrative Hearings. Following the hearing, the hearing officer
will make a proposal for decision containing findings of fact and conclusions of law and will deliver a copy of this
proposal to each party. Also, the hearing officer will give each party an opportunity to file exceptions and proposed
findings of fact and to present written arguments to the hearing officer. After considering all exceptions, proposed
findings of facts and written arguments presented to him by the parties, the hearing officer will issue a recommended
decision containing findings of fact, conclusions of law and a recommended decision to all parties. The hearing
officer will forward a complete record of the case to the State Personnel Commission, including the recommended
decision. Each party may request an opportunity to appear before the full Commission and make an oral argument on
the recommended decision. The Commission, at its next meeting or as soon as possible thereafter, shall consider the
report and modify, alter, set aside, or affirm said proposed decision and certify its findings to the appointing authority.
Decisions which may be made by the Commission include the reinstatement of an employee to the position from
which he has been removed, the employment, promotion, transfer, or salary adjustment of any individual to whom it
has been wrongfully denied, or other suitable action to correct the abuse which may include requirement of payment
for any loss of salary which has resulted from the improper discriminatory action of the appointing authority. The
decisions of the State Personnel Commission shall be binding in appeals of local employees subject to the State
Personnel Act if the Commission finds that the employee has been subjected to discrimination or in any case where a

                                                         VIII-2
binding decision is required by applicable Federal Standards. However, in all other local employee appeals, the
decisions of the State Personnel Commission shall be advisory to the local appointing authority.

Section 4. Grievance and Adverse Action Hearing or Appeal Procedure-Discrimination

Any applicant for county employment, county employee, or former county employee who has reason to believe that
employment, promotion, training, or transfer was denied him/her or that demotion, layoff, or termination of
employment was forced upon him/her because of his/her age, sex, race, color, national origin, religion, creed, political
affiliation, or physical disability except where specified age, sex, or physical requirements constitute a bona fide
occupational qualification necessary to proper and efficient administration, shall have the right to file his/her
grievance directly with the County Manager (in case of general county employment) or the State Personnel
Commission (in case of competitive service employment).

A post-probationary county employee has the right to appeal using the grievance procedure outlined in Section 3 of
this Article if he/she so desires. An employee or applicant must appeal an alleged act of discrimination within thirty
(30) days of the alleged discriminatory action.

Section 5. Sexual Harassment

STATEMENT OF POLICY:

No employee of Rockingham County, A Body Politic may engage in that conduct which constitutes sexual
harassment as defined below.

DEFINITION:

North Carolina State Personnel Sexual Harassment Policy, adopted effective April l, l985, defines sexual harassment
as "deliberate, and unwelcome verbal and/or physical conduct of a sexual nature or with sexual implications by a
supervisor or co-worker which:

(A) Has or may have direct employment consequences resulting from the acceptance or rejection of such conduct;

(B) Creates an intimidating, hostile or offensive working environment; or

(C) Interferes with an individual's work performance."

N.C.G.S. 126-16 prohibits sexual discrimination which includes sexual harassment.

SEXUAL HARASSMENT OF CO-WORKERS, SUBORDINATES AND MEMBERS OF THE PUBLIC:

Employees are entitled to a work environment free from sexual harassment. No personnel decisions shall be made on
the basis of the granting or denial of sexual favors. Neither shall the receipt of services offered by this county to the
public be contingent upon the granting or denial of sexual favors. Sexual harassment does not include personal
compliments welcomed by the recipient, or social interaction or relationships freely entered into by county employees
or prospective employees.

Complaint Procedure:

Any applicant, general county employee, competitive service employee, or former employee of the county who
believes that he/she has been sexually harassed by a county employee may file an appeal or grievance in accordance
with Article VIII, Section 4. Grievance and Adverse Action Appeal Procedure - Discrimination.

Any applicant, general county employee, competitive service employee, or former employee alleging sexual
harassment by an employee of the County may file a complaint with the Equal Employment Opportunity Commission
(EEOC), regardless of whether a separate complaint has been filed with the County or the State Personnel



                                                         VIII-3
Commission. Complaints alleging sexual harassment must be filed with EEOC within one hundred-eighty (180) days
of the occurrence of the alleged conduct.

Prohibition Against Retaliation and Impeding an Investigation:

N.C.G.S. 126-17 provides that "No State Department, Agency or Local Political Subdivision of North Carolina shall
retaliate against an employee for protesting alleged violations of G.S. 126-16."

A county employee shall be subject to disciplinary action if that employee is determined to have:

(A) Coerced or threatened with reprisal any person who seeks to file or has filed a compliant or charge alleging
sexual harassment; or

(B) Interfered with or impeded, in any manner, the investigation of a complaint or charge alleging sexual harassment.

Section 6. Unlawful Workplace Harassment and Workplace Violence

A. The purpose of this policy is to establish that Rockingham County prohibits unlawful workplace harassment of
employees and to ensure that Rockingham County work sites are free of unlawful workplace harassment. This policy
also prohibits retaliation against employees.

POLICY

The policy of Rockingham County is that no employee may engage in conduct that falls under the definition of
unlawful workplace harassment. All employees are guaranteed the right to work in an environment free from
unlawful workplace harassment and retaliation. Rockingham County will thoroughly investigate all complaints made
by employees and will take appropriate remedial or disciplinary action up to and including dismissal.

1. Unlawful Workplace Harassment is unwelcome or unsolicited speech or conduct based upon race, sex, creed,
religion, national origin, age, color, or handicapping condition as defined by G. S. 168 A-3 that creates a hostile work
environment or circumstances involving quid pro quo.

2. Hostile Work Environment is one or both a reasonable person would find hostile or abusive and one that the
particular person who is the object of the harassment perceives to be hostile or abusive. Hostile work environment is
determined by looking at all of the circumstances, including the frequency of the allegedly harassing conduct, its
severity, whether it is physically threatening or humiliating, and whether it unreasonably interferes with an
employee’s work performance.

3. Quid Pro Quo harassment consists of unwelcome sexual advances, requests for sexual favors, or other verbal or
physical conduct when: (a) submission to such conduct is made either explicitly or implicitly a term or condition of an
individual’s employment, or (b) submission to or rejection of such conduct by an individual is used as the basis for
employment decisions affecting such individual.

4. Retaliation is adverse treatment which occurs because of opposition to unlawful workplace harassment.




                                                        VIII-4
APPEALS

Any employee or former employee who alleges unlawful workplace harassment or retaliation in violation of this
policy may file an appeal through the Rockingham County appeals procedures which specifically address alleged
discrimination related to workplace harassment and retaliation.

This procedure applies to full-time or part-time employees with a post-probationary, probationary, trainee, or
temporary appointment. The procedure also applies to former employees who are not required to conform to the
written complaint procedures directed in G. S. 126-34. A former employee who was subject to the State Personnel
Act while employed may appeal directly to the Office of Administrative Hearings and the State Personnel
Commission.

The following procedure applies to employees:

1. Any employee who alleges unlawful workplace harassment based on age, sex, race, color, national origin,
religion, creed, or handicapping condition as defined by G. S. 168A-3 must submit written complaint to the
department within 30 calendar days of the alleged harassing action.

2. The department shall take appropriate remedial action within 60 calendar days from receipt of the written
complaint and shall provide a written response to the employee when the department has determined what action, if
any, will result from the employee’s written complaint.

3. After the department’s 60 calendar day response period has expired and the employee is not satisfied with the
department’s response to the complaint, then he/she may appeal directly to the Office of Administrative Hearings and
the State Personnel Commission within 30 calendar days in the case of an employee subject to the State Personnel
Act, or to the County Manager in the case of all employees not subject to the State Personnel Act.

4. Any employee or former employee with a grievance concerning a denial of employment, promotion, training, or
transfer or concerning a demotion, layoff, transfer or termination due to discrimination based on age, sex, race, color,
national origin, religion, creed, political affiliation or handicapping condition as defined by G. S. 168A-3, or a
grievance based on retaliation for opposition to alleged discrimination may still appeal directly to the Office of
Administrative Hearings and the State Personnel Commission in the case of an employee subject to the State
Personnel Act, or to the County Manger in the case of other employees.


Section 7. Back Pay Awards

Back pay and benefits may be awarded to reinstated employees in suspension, demotion, dismissal, and
discrimination cases.




                                                        VIII-5
                                Article IX. EMPLOYEE BENEFITS

Section 1. Insurance Benefits

   A. Group Life Insurance

   The County has made group life insurance available to its employees through the North Carolina Local
   Government Employee’s Retirement System (NCLGERS). To be eligible for this benefit, an employee
   must have been a contributing member of the NCLGERS for a least one (1) year. If an employee dies
   while in active service, the beneficiary will receive a single lump sum payment calculated in accordance
   with the formula prescribed by the NCLGERS. This benefit is also paid if the employee dies within 180
   days after the last day for which he is paid a salary.

   B. Group Health Insurance

     1. Employee’s Health Insurance

        To be eligible for health insurance, a regular employee must work at least thirty (30) hours per
        week. Employees shall be enrolled in the health insurance program on the first day of the month
        following a thirty (30) day waiting period. Deductions shall be allowable, at the option of the
        employee, to provide health insurance coverage for dependents. COBRA benefits are offered
        consistent with policy and statutory authority.

     2. Retiree’s Health Insurance

        a. Rockingham County provides health insurance coverage for retirees with date of hire and
           length of service with Rockingham County Government being primary factors in determining
           the extent of individual coverage. All of the service statements outlined for retirees assume that
           the employee meets the NCLGERS requirements for early, full, or disability retirement and
           have already applied for and will begin receiving these retirement benefits at the time of
           employment termination with Rockingham County. This program is not retroactive; therefore,
           no retiree shall be eligible to receive any health insurance benefit implemented subsequent to
           his retirement with Rockingham County. Former employees who have withdrawn retirement
           contributions from their local government retirement system (without subsequently having
           restored their entitlement) are not eligible for this benefit. Reinstated employees (as defined by
           the Reinstatement Policy) will be credited with their previous hire date rather than the most
           recent hire date for retiree insurance eligibility purposes.

       The retiree health insurance program has been established under the following criteria for
       retirees whose most recent hire by the County was on or after August 6, 2007:

       b. Those retiring with at least ten (10) but less than twenty (20) years of service with Rockingham
          County Government, of which the last ten (10) were continuous and who are fifty (50) years of
          age or older, shall be eligible to continue to be covered by the Rockingham County Group Health
          Plan until the individual becomes eligible for Medicare. The full cost of the monthly premium
          will be paid by the retiree.

       c. Those retiring with at least twenty (20) but less than twenty-five (25) years of service with
          Rockingham County Government, of which the last ten (10) were continuous and who are fifty
          (50) years of age or older shall be eligible to continue to be covered by the Rockingham County

                                                   IX-1
    Group Health Plan until the individual becomes eligible for Medicare. The County will pay 50%
    of the County’s current contribution towards the monthly premium until the individual is
    Medicare eligible.

d. Those retiring with at least twenty-five (25) but less than thirty (30) years of service with
   Rockingham County Government, of which the last ten (10) were continuous and who are fifty
   (50) years of age or older shall be eligible to continue to be covered by the Rockingham County
   Group Health Plan. The County will pay 75% of the County’s current contribution towards the
   monthly premium until the individual becomes eligible for Medicare.

e. Those retiring with at least thirty (30) years of service with Rockingham County Government, of
   which the last ten (10) were continuous and are of any age, shall be eligible to continue to be
   covered by the Rockingham County Group Health Plan. The County will pay 100% of the
   County’s current contribution to the monthly premium until the individual becomes eligible for
   Medicare.

f. Any insured person who is over sixty (60) days delinquent in payment of his insurance premiums
   shall have his insurance terminated without notice and shall not be eligible for reinstatement.

g. This program stands as offered and does not obligate the County to provide like services or
   monetary compensation for those who choose to seek other medical plans.

The retiree health insurance program has been established under the following criteria for
retirees whose most recent hire by the County was on or after November 4, 1997 and before
August 6, 2007:

h. Those retiring with at least ten (10) but less than fifteen (15) years of service with Rockingham
   County Government, and with the County being the last employer, shall be eligible to continue to
   be covered by the Rockingham County Group Health Plan. The County will pay 50% of the
   County’s current contribution towards the monthly premium.

i. Those retiring with at least fifteen (15) but less than twenty (20) years of service with
   Rockingham County Government, and with the County being the last employer, shall be eligible
   to continue to be covered by the Rockingham County Group health Plan. The County will pay
   75% of the County’s current contribution towards the monthly premium.

j. Those retiring with twenty (20) or more years of service with Rockingham County Government,
   and with the County being the last employer, shall be eligible to continue to be covered by the
   Rockingham County Government Group Health Plan. The County will pay 100% of the County’s
   current contribution towards the monthly premium.

k. Retirees of Rockingham County whose prior service and/or purchased military retirement credits
   total twenty (20) or more years may also be included herein upon their request.

The retiree health insurance program has been established under the following criteria for
retirees whose most recent hire by the County was on or before November 3, 1997:

l. Retirees who began working for Rockingham County Government on or before November 3,
   1997, and with the County being the last employer, shall be eligible to continue to be covered by
   the Rockingham County Group Health Plan. The County will pay 100% of the County’s current
   contribution towards the monthly premium.


                                            IX-2
         m. Retirees of Rockingham County whose prior service and/or purchased military retirement credits
            total twenty (20) or more years may also be included herein upon their request.

Revised 8/6/07


Section 2. Unemployment Insurance

In accordance with Public Law 94-566 and Chapter 1124 of the Session Laws of 1977 of the North Carolina General
Assembly, local governments are covered by unemployment insurance effective January 1, l978. County employees
who are laid off or released from the county service may apply for unemployment compensation through the local
office of the Employment Security Commission who will determine the employee's eligibility for this benefit.

Section 3. Old Age Survivor's Insurance

The county, to the extent of its lawful authority and power, has extended social security benefits for its eligible
employees and eligible groups and classes of such employees.

Section 4. Retirement Benefits

The county provides a retirement program for employees through the North Carolina Local Governmental Employee's
Retirement System and the Law Enforcement Officers' Benefits and Retirement Fund.

Each employee appointed to a permanent position shall be required to join one of the two (2) retirement plans.

Revised 8/6/07


Section 5. Law Enforcement Officers’ Separation Allowance

To be eligible to receive the separation allowance an officer must meet all of the qualifications listed herein:

     1. The officer must have completed at least 30 years of creditable service OR have attained 55 years of age and
        completed five or more years of creditable service. Creditable service is defined as that service for which
        credit is allowed under the retirement system, provided that at least 50 percent of that service time has been as
        a law enforcement officer;

     2. The officer must not yet be 62; and

     3. The officer must have completed at least five years of continuous service as a law enforcement officer
        immediately prior to departure from service.

The separation allowance is calculated by the County on the last day of the month in which the officer leaves service.
The following formula is used:

     1. Determine the annual equivalent of the officer’s most recent basic rate of compensation, exclusive of
        overtime.

     2. Multiply this amount by 0.85 percent (.0085).

     3. Then multiply that amount by the number of creditable years of service the officer attained.

The resulting figure is the annual amount to be paid to the retired officer until he/she reaches the age of 62. The
annual amount is divided into 12 monthly payments.

The County will make the payment to the officer until the officer is age 62 unless one of the following conditions
occurs:

     1. The officer dies; or

                                                          IX-3
     2. The officer is reemployed in any capacity by a city, town, county or the state.

In either of these cases the payments stop. The payments resume subject to the above provisions after the reemployed
officer subsequently leaves employment by a city, town, county, or the state.

Revised 9/12/05




                                                         IX-4
                      Article X. PERSONNEL RECORDS AND REPORTS

Section 1. Personnel Records Maintenance

Such personnel records as are necessary for the proper administration of the personnel system will be maintained by
the Personnel Officer. The county shall maintain in personnel records only information that is relevant to
accomplishing personnel administration purposes.

The following information on each county employee shall be maintained:

(A) Name;

(B) Age;

(C) Date of original employment or appointment to county services;

(D) Current position title;

(E) Current salary;

(F) Date and amount of most recent change in salary;

(G) Date of most recent promotion, demotion, transfer, suspension, separation, or other change on position
classification; and

(H) Office to which the employee is currently assigned.

Section 2. Access to Personnel Records

As required by G.S. l53A-98, any person may have access to the information listed in Section l of this Article for the
purpose of inspection, examination, and copying during the regular business hours, subject only to such rules and
regulations for the safekeeping of public records as the Board of Commissioners may adopt. Access to such
information shall be governed by the following provisions:

(A) All disclosures of records shall be accounted for by keeping a written record (except for authorized persons
processing personnel actions) of the following information disclosed: date information was requested; name and
address of the person to whom the disclosure is made; purpose for which information is requested. This information
must be retained for a period of two (2) years.

(B) Upon request, records of disclosure shall be made available to the employee to whom it pertains.

(C) An individual examining a personnel record may have a right to compel compliance with these provisions by
application to a court for a writ of mandamus or other appropriate relief.

(D) Any person denied access to any record shall have a right to compel compliance with these provisions by
application to a court for a writ of mandamus or other appropriate relief.

Section 3. Confidential Information

All information contained in a county employee's personnel file, other than the information listed in Section l of this
Article will be maintained as confidential in accordance with the requirements of G.S. l53A-98 and shall be open to
public inspection only in the following instances:



                                                          X-1
(A) The employee or his duly authorized agent may examine all portions of his personnel file, except: (l) letters of
reference solicited prior to employment; and (2) information concerning a medical disability, mental or physical, that
a prudent physician would not divulge to his patient.

(B) A licensed physician designated in writing by the employee may examine the employee's medical records.

(C) A county employee having supervisory authority over the employee may examine all material in the employee's
personnel file.

(D) By order of a court of competent jurisdiction, any person may examine all material in the employee's personnel
file.

(E) An official of any agency of the State or Federal government, or any political subdivision of the State, may
inspect any portion of a personnel file when such information is deemed by the Personnel Officer to be necessary and
essential to the pursuance of the proper function of the inspecting agency, but no information shall be divulged for the
purpose of assisting in a criminal prosecution of the employee or for the purpose of assisting in an investigation of the
employee's tax liability. However, the Personnel Officer may release the name, address, and telephone number of an
employee from a personnel file for purposes of assisting in a criminal investigation.

(F) If an employee signs a written release, personnel information specified in the release may be provided to
prospective employees, educational institutions, or other persons authorized in the release.

(G) Investigative reports concerning possible criminal actions of an employee need not be disclosed until the
investigation is completed and no criminal action taken or until the criminal action is concluded.

(H) Information that might identify an undercover law enforcement officer or a law enforcement informer need not
be disclosed.

(I) Notes, preliminary drafts, and internal communications concerning an employee need not be disclosed unless
used for an official personnel decision.

(J) A professional representative of a training, research, or academic institution may be given access to information
in personnel files if the information is to be used solely for statistical, research, or teaching purposes.

(K) The County Manager, with concurrence of the Board of County Commissioners, may inform any person of the
employment or non-employment, promotion, demotion, suspension or other disciplinary action, reinstatement,
transfer, or termination of a county employee and the reasons for that personnel action. Before releasing the
information, the County Manager shall determine in writing that the release is essential to maintaining public
confidence in the administration of county services or to maintaining the level and quality of county services. This
written determination shall be retained in the office of the County Manager or the County Clerk, as a record available
for public inspection and shall become a part of the employee's personnel file.

 (L) Each individual requesting access to confidential information will be required to submit satisfactory proof of
identity.

(M) A record shall be made of each disclosure and placed in the employee's file (except of disclosures to the
employee and the supervisor).

Section 4. Records of Former Employees

The provisions for access to records apply to former employees as they apply to present employees.




                                                          X-2
Section 5. Remedies of Employees Objecting to Material in File

An employee who objects to material in this file may place in his file a statement relating to the material he considers
to be inaccurate or misleading. The employee may seek the removal of such material in accordance with established
grievance procedures.

Section 6. Penalty for Permitting Access to Confidential File by Unauthorized Person

G.S. 153A-98 provides that any public official who knowingly and willfully, and with malice permits any person to
have access illegally to any confidential information contained in an employee personnel file, is guilty of a
misdemeanor and upon conviction shall be fined in an amount not to exceed five hundred dollars ($500.00).

Section 7. Penalty for Examining and/or Copying Confidential Material Without Authorization

G.S. 153A-98 provides that any person, not specifically authorized to have access to a personnel file designated as
confidential, who shall knowingly and willfully examine in its official filing place, remove or copy any portion of a
confidential personnel file shall be guilty of a misdemeanor and upon conviction shall be fined in the discretion of the
court but not in excess of five hundred dollars ($500.00).

Section 8. Destruction of Records Regulated

No public official may destroy, sell, loan, or otherwise dispose of any public record, except in accordance with G.S.
121-5, without the consent of the State Department of Cultural Resources. Whoever unlawfully removes a public
record or destroys it will be guilty of a misdemeanor and upon conviction will be fined not less than ten dollars
($10.00) or more than five hundred dollars ($500.00) as provided in G.S. 132-3.




                                                         X-3
                            Article XI. IMPLEMENTATION OF POLICY

Section 1. Conflicting Policies Repealed

The Rockingham County Personnel Ordinance and all policies, ordinances or resolutions that conflict with the
provisions of this policy are hereby repealed.

Section 2. Separability

If any provision of this policy or any rule, regulations or order thereunder of the application of such provision to any
person or circumstances is held invalid, the remainder of this policy and the application of such remaining provisions
of this policy of such rules, regulations or orders to persons or circumstances other than those held invalid will not be
affected thereby.

Section 3. Violations of Policy Provision

An employee violating any of the provisions of this policy shall be subject to suspension and/or dismissal, in addition
to any civil or criminal penalty, which may be imposed for the violation of the same.

Section 4. Effective Date

This policy shall become effective as of January 8, 1996.




                                                         XI-1
        Article XII. APPLICANT AND EMPLOYEE DRUG TESTING POLICY

Section 100. PURPOSE

The purpose of this policy is to promote and maintain a drug free environment in the work place and to protect
employees and the public by insuring that County employees are fit to perform their assigned duties. The following
topics are addressed in this document.

Section 101...Definitions
Section 102..Listing of drugs to be tested
Section 103..Applicant testing guidelines
Section 104..Current employee testing guidelines
Section 105..Information about the test
Section 106..Consequences of a positive drug test
Section 107..Mandatory Employee Assistance Program
Section 108..Use of results in criminal action
Section 109..Notification of conviction
Section 110..Nondisciplinary suspension
Section 111..Additional standards: Law Enforcement Personnel
Section 112..Other additional standards
Section 113..Communication and training

Section 101. DEFINITIONS

101.1. "Employee" means, for the purpose of this policy, any person whose position is included in the Rockingham
County Classification Plan or any person receiving salary or wage payments from Rockingham County. This
definition does not include elected officials or elective positions.

101.2. "Applicant" means any person who applies to become an employee of Rockingham County.

101.3. "Reasonable suspicion" means a belief based on specific objective facts and rational inferences drawn from
those facts that an employee has consumed or is under the influence of drugs while at work. Circumstances which
constitute a basis for determining "reasonable suspicion" may include, but are not limited to, any one of more of the
following:

(a) Observable occurrences, such as direct observation of drug use and/or the physical symptoms of being under the
influence of a drug;

(b) A report of drug use, by an employee while at work, provided by a reliable and credible source;

(c) A pattern of unexplained preventable accidents and/or information based on specific objective facts that an
employee has caused, or contributed to an accident at work while under the influence of drugs; and,

(d) Evidence that an employee is involved in the unauthorized use, possession, sale, solicitation or transfer of drugs
while working or while on the County's premises or operating or in possession of a County vehicle.

(e) Observable or documented occurrences of deficiencies in job performance (i.e. absenteeism, tardiness, etc.)




                                                        XII-1
101.4. "Employee Assistance Program" means the program of services provided to County employees through
agreement with Rockingham County at the Rockingham County Mental Health Department. These services include
assessment, evaluation, prompt intervention, counseling and referral for treatment and follow up procedures.
Rockingham County Mental Health Center employees will be referred to Alamance-Caswell Area Mental Health
Center for EAP services.

101.5. "Approved laboratory" means a laboratory certified to perform drug screening or testing by the National
Institute on Drug Abuse (NIDA).

Section 102. DRUGS TO BE TESTED

102.1. When drug screening is required under the provisions of this program, a test will be conducted to detect the
presence of mood altering substances. Tests may include but are not limited to the following:

(a)   Amphetamines
(b)   Sedatives, Hypnotics and Anxiolytics
(c)   Cocaine
(d)   Cannabinoids
(e)   Hallucinogens
(f)   Alcohol

The Personnel Officer (Assistant County Manager) may also include testing for any other substances as defined in
North Carolina General Statute 90-87(5) or metabolite thereof.

102.2. The content level of each substance needed to determine whether an employee has consumed or is under the
influence of a drug as listed above will be determined by a certified toxicologist of the approved laboratory.

102.3. Any employee found to have abused prescription drugs will be subject to the terms and conditions of this
program.

Section 103. APPLICANT TESTING

103.1. All applicants for employment with Rockingham County are subject to the testing provisions of this program.

103.2. All applicants for employment with Rockingham County will be provided with written notification of this
drug testing policy. The notice shall include the following information:

(a) The reason for drug testing;

(b) The circumstances under which testing may be required;

(c) The procedure for confirming an initial positive drug test result;

(d) The consequences of a positive drug test result;

(e) The consequences of refusing to undergo a drug test.

103.3. Drug testing of applicants will be done as part of a pre-employment screening. The results of the pre-
employment drug test will be known before the individual begins work.

103.4. The Personnel Department will normally schedule a pre-employment drug test for only the applicant
tentatively selected for employment. However, the Personnel Officer (Assistant County Manager) has the discretion
to schedule more than one qualified applicant for a drug test in circumstances where time is critical in filling a
position.




                                                         XII-2
103.5. Applicants scheduled for a pre-employment drug testing will be asked to sign a consent form authorizing a
drug test and permitting release of the test results to County officials with a need to know. The consent form will
provide space to indicate current or recent use of prescription or over-the-counter medication.

103.6   A job applicant who refuses to consent to a drug test will be denied employment with Rockingham County.

Section 104. CURRENT EMPLOYEE TESTING

104.1. Department Heads who have reasonable suspicion (defined herein) that an employee in his/her department is
using or under the influence of drugs, is authorized to schedule drug test and require the employee to cooperate fully
with testing personnel.

104.2. Rockingham County is committed to providing a safe and secure work environment. Employees involved in
on-the-job accidents or who engage in unsafe on-duty job-related activities that pose a danger to others or the overall
operation of Rockingham County, may be subject to testing. Based on the circumstances of the accident or unsafe act,
the Department Head may initiate testing when such circumstances involve:

(a) A death or personal injury requiring immediate medical attention, or

(b) Damage to government or private property in excess of $100.00.

(c) Dramatic deterioration of job performance.

104.3. Before a drug test is administered, the Department Head shall ask the employee to sign a consent form
authorizing the test and permitting release of test results to County officials with a need to know. The consent form
shall also set forth the following information:

(a) The procedure for confirming an initial positive test result.

(b) The consequences of a positive test result.

(c) The right of an employee to explain a positive drug test result and the appeal procedures available.

(d) The consequences of refusing to undergo a drug test.

104.4. An employee who refuses to consent to a drug test, when reasonable suspicion of drug use has been identified
and documented, will be recommended for, and is subject to dismissal.

104.5. An employee requesting delay(s) of a drug test scheduled under the provisions of paragraph 104.1, or failing
to appear for the test, will be considered to have refused to consent to a drug test and become subject to the provisions
of paragraph 104.4 above.

Section 105. THE TEST

105.1. Normally, a urine test will be used to determine the presence of drugs. Guidance and instruction in
administering the drug tests will be provided by an approved laboratory to insure that proper steps are followed in
collecting and evaluating samples. A strict chain of custody will be maintained by all personnel involved with the
sample collection, transporting and testing.

105.2. If a test result is positive, the employee or applicant will be notified in writing by the Personnel Officer
(Assistant County Manager) of the test results. The letter of notification shall identify the particular substance found.




                                                         XII-3
Section 106. CONSEQUENCES OF A POSITIVE DRUG TEST RESULT

106.1. An applicant shall be denied employment with Rockingham County if his/her drug test is positive. Such an
applicant may be considered for future employment upon submission of documentation satisfactory to the Personnel
Officer (Assistant County Manager) showing successful completion of a drug rehabilitation program.

106.2. Except as otherwise provided in sections 111 and 112 of this policy, any employee who has a positive drug
test result will be subject to disciplinary action up to and including dismissal. The employee may appeal to the
appointing authority to request continued employment and for assistance under the Employee Assistance Program.
When making recommendations for disciplinary action, supervisors and department heads should consider factors
which include: (1) the employee's work history; (2) job assignment; (3) length of employment; (4) current job
performance; and (5) existence of past disciplinary actions.

106.3. An employee who voluntarily, without reasonable suspicion of a supervisor, identifies himself/herself as a
drug user to their supervisor is subject to the provisions as outlined in l07.2.

106.4. An employee permitted to continue employment and receive assistance under the Employee Assistance
Program, will be required to utilize approved accrued sick leave, annual leave, compensatory leave, and leave without
pay for all time away from work.

Section 107. MANDATORY EMPLOYEE ASSISTANCE PROGRAM (EAP)

107.1. An employee permitted to continue employment and receive assistance under the Employee Assistance
Program will be required to cooperate fully with the provisions of the recommended rehabilitation program.

107.2. Employees referred to the EAP for participation in a drug rehabilitation program, who fail to enter or
complete the program, will be recommended for dismissal.

107.3. Disciplinary action is not automatically suspended by an employee's participation in the EAP. Disciplinary
action may be taken against an employee for performance issues or inappropriate conduct.

107.4. Those employees participating in an EAP approved drug rehabilitation program, will be subject to
unannounced drug tests in accordance with the aforementioned procedures. Upon a positive drug test result from any
such unannounced drug test, the employee will be recommended for dismissal.

107.5. Those employees satisfactorily completing a drug rehabilitation program recommended or approved by the
EAP staff, will be subject to unannounced tests for two (2) years after completion of the program. Upon a positive
drug test result during such two (2) year period, the employee will be recommended for dismissal.

107.6. Nothing in this section is intended to alter the confidential nature of the EAP for employees who voluntarily
identify themselves as drug users and individually request assistance from EAP staff.

Section 108. USE OF RESULTS IN CRIMINAL ACTION

No test results of the County's drug testing program may be used as evidence in a criminal action against the
employee or job applicant except by order of a court of competent jurisdiction.

Section 109. NOTIFICATION OF CONVICTION

Each County employee shall notify his or her supervisor of his or her conviction of any criminal drug statute for a
violation occurring in the work place no later than five (5) days after such conviction.




                                                       XII-4
Section 110. NONDISCIPLINARY SUSPENSION

During the investigation, hearing or trial of any employee for drug related offense off the job, when suspension would
be in the best interests of the County, the County Manager may suspend the employee, without pay, for the duration
of the proceedings as a nondisciplinary measure.

Section 111. ADDITIONAL STANDARDS: LAW ENFORCEMENT PERSONNEL

All applicants for and all employees in positions subject to the provisions of the North Carolina Criminal Justice
Training and Standards Council, will be subject to the drug testing policies and procedures of the Council in addition
to those outlined herein.

Section 112. OTHER ADDITIONAL STANDARDS

All applicants for employment and all employees in positions subject to the provisions of other duly constituted and
recognized agencies or licensing boards, will be subject to the drug testing policies and procedures of such agency or
licensing board in addition to those outlined herein. All emergency medical technicians, emergency medical
technicians-intermediate, and all paramedics employed by Rockingham County will be subject to unannounced
random drug testing in addition to drug testing under the conditions previously outlined within this policy.

Section 113. COMMUNICATION AND TRAINING

The Personnel Department shall coordinate drug free awareness training which will include communication of the
contents of this testing policy. The drug free awareness training syllabus will also include:

(a) The dangers of drug abuse in the work place;

(b) Rockingham County's policy of maintaining a drug free work place;

(c) Information concerning the Employee Assistance Program and the available drug counseling and rehabilitation
available through that program; and,

(d) The penalties that may be imposed upon any employee for a drug abuse violation occurring in the work place.




                                                        XII-5
                                  Article XIII.            SAFETY POLICY

It is the objective of Rockingham County to conduct all operations safely and efficiently. The County recognizes an
obligation as an employer to provide safe working conditions for employees and a safe-environment for the public.

To accomplish, this we are assigning the responsibility, authority and accountability for safety to all department heads
and supervisory personnel within their individual areas of operations.

All employees will have the responsibility of performing his/her own work in a safe and efficient manner and to
report unsafe conditions to their department head or supervisor for prompt correction.

The County has established a Safety Committee and has appointed a County Safety Manager to study matters of
safety and make recommendations to County administration for improving the safety of County government.




                                                        XIII-1

				
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