HomeMy WebLinkAboutMarch_4-5_2011_Winter_Planning_Session_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
WINTER PLANNING SESSION MINUTES
March 4 & 5, 2011
The Iredell County Board of Commissioners met for a Winter Planning Session on
Friday, March 4, 2011, 8:00 A.M., at the Agricultural Resource Center, 444 Bristol Drive,
Statesville, NC.
Board Members Present
Chairman Stephen D. Johnson
Vice Chairman Marvin Norman
Renee Griffith
Frank Mitchell
Ken Robertson
Staff present: County Manager Joel Mashburn, Deputy County Manager Tracy Jackson,
Assistant County Manager Ron Smith, Finance Director Susan Blumenstein, Cooperative
Extension Director Ken Vaughn, Planner Rebecca Harper, and Clerk to the Board Jean Moore.
Others in attendance: Jim Munoz -McNally with the Statesville Record and Landmark
CALL TO ORDER by Chairman Johnson
Land Development Code
Assistant County Manager Ron Smith said the Land Development Code (LDC) was
needed for the consolidation of six different ordinances (zoning, subdivision, watershed, airport
hazard, erosion control, and flood). He said the document was created entirely by staff, saving
approximately $75,000, with assistance and approval from the planning board.
Smith said the zoning segment contained the most changes, and some district
eliminations occurred. He said a new district, Agricultural Conservation District, would
primarily be used in north Iredell.
Chairman Johnson mentioned concerns about maintenance of unimproved areas in cluster
developments.
Smith said homeowner associations would address these problems. He said language
could be inserted indicating that maintenance would have to occur.
Chairman Johnson mentioned rendering plants as well as petroleum and biodiesel
facilities. He talked about the methodology in producing biodiesel and said approval by the
American Institute of Chemical Engineers might be helpful.
Commissioner Robertson mentioned that employees' best practices could also cover the
methodology.
Smith then discussed well separations and roadway protection overlays.
Chairman Johnson said that if there were requests for urban service area expansions, a
staff recommendation should be included on why the request should be approved or disapproved.
Smith then reviewed the remaining portions of the code. He mentioned the current 30 -
foot buffer on perennial streams (watersheds) and said this was now proposed for 50 feet. He
said everywhere else, the distance would be 30 feet.
Commissioner Robertson said the state (Department of Environment and Natural
Resources) had a 50 ft. requirement.
Smith said the state's requirements would be re -checked.
Chairman Johnson suggested that a public hearing be held May 3 regarding the land
development code.
School Reports
Mitchell Community College: Board of Trustees Chairman Dr. Ralph Bentley,
President Dr. Doug Eason, Chief Financial Officer Dick LeFevre, and Director of Facilities
Management Gary Johnson discussed the college's needs, funding, and growth.
Eason said the new 30,000 sq. ft. facility in Mooresville would have a formal opening in
June. He said there were concerns about the college's general operating budget, especially with
three new buildings to operate and maintain. Dr. Eason said the facilities were needed; however,
due to full-time equivalency growth being 107% and headcount growth being 95% over the past
ten years. Eason said the college officials understood the county's budgetary constraints, but
they were requesting for the funds (10%) that were cut in the FY 2010-11 budget be reinstated.
Commissioner Robertson asked what the college would eliminate, if necessary.
Eason said this was unknown.
A conversation occurred about parking, and the school officials seemed satisfied with the
parking space in Statesville. Gary Johnson mentioned, however, that Mooresville might have
some problems when the new building opened.
Eason said that in the future, an Allied Health Building needed to be built due to the local
medical industry.
Commissioner Norman asked if the college had the land.
Eason said yes, and the building would cost between $8 million to $12 million. He said,
first, however, the college needed funding to pay the operational costs of the current facilities.
Mooresville Graded School District: Discussing the Mooresville School System was
Chairman of the Board Karen Hart, Superintendent Dr. Mark Edwards, and School Finance
Officer Terry Haas.
Haas said the public school budgets had experienced cuts for three consecutive years.
She mentioned the state's $2.4 billion budget shortfall.
Edwards said student growth was still occurring, and along with this, there were increases
in the number of students in the free or reduced lunch program. In reference to the budget, he
said a conversation had already occurred with the school principals about the possible need for
additional staffing cuts.
Haas said that due to 84% of the budget being in salaries/benefits, that any significant
cuts had to be in personnel to make a difference. She said staff reductions had occurred for the
past two years, and the state had already informed the system that for 2011-12 there might be
cuts of 5, 7 or 10%.
Edwards said that if the state made a 10% cut, 40 teaching positions would have to be
eliminated. He requested the board of commissioners to place K through 12 as a budgeting
priority.
Commissioner Griffith asked the amount of school system's fund balance. She also
asked if the system had thought about contracting out the food service.
Haas said the fund balance was a little over $2 million. She said by state requirements, at
least a half -a -million of this was required.
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Edwards said that in other systems where he had been employed, contracting out
services, such as the food, did not produce cost reductions. He said many times, the out -sourcing
actually presented more problems.
Commissioner Robertson mentioned the state had stopped purchasing textbooks last year
He asked how the system worked out this problem.
Edwards said on-line sources were being used, but the system did have outdated
materials. He said the textbooks had not been replaced, with the exception of those required for
AP courses.
Commissioner Robertson said Governor Perdue was proposing that counties start
replacing the buses. He asked how the system would rotate its fleet, if these costs were placed
on the county.
Edwards said each bus would individually be reviewed as far as mileage and so forth. He
said then, a replacement mechanism would be created.
Commissioner Robertson said the state continued to shift costs onto the counties. He
asked if the state had reduced any requirements or given the school systems authority to make
any reductions.
Edwards said all of the programs and services were still required. He said the needs of
one exceptional child could cost $40,000 a year.
Iredell-Statesville Schools: Board of Education Chairman Dr. David Cash,
Superintendent Brady Johnson, Finance Officer Melissa Wike, and Director of Facilities Dr.
Kenny Miller discussed the Iredell-Statesville Schools.
Supt. Johnson said through attrition, 151.4 positions had been cut in the past two years.
He mentioned other cuts as follows:
2009-10
-Central Support Service reductions of $364,757 or 11.7%
-Administrators received a 2% salary reduction (furloughs)
-Other cuts that impacted the classrooms: class -size increases, elimination of the universal
breakfast program, reduction in transportation services, reduction in supplies/materials
2010-11
-Supplements were reduced for all certified and classified employees resulting in a savings of
$1.8 million
-Administrator 2% pay reduction remained resulting in a 562,000 savings
-There were 14 less classroom teachers in 2010-11 compared to 2009-10
-All performance bonuses were eliminated
-Central Support Services salaries were reduced by $140,000 through attrition and lay-offs
-Transportation Dept. altered bus stops/routes
-Budgeted $1,916,577 in local fund balance.
Supt. Johnson provided the following options for potential budgetary cuts in the new budget.
2011-12
-Continued supplement reduction
-Administrator's 2% pay reduction
-All positions will remain frozen with only critical teaching positions being filled
•Performance bonuses will not be reinstated
-School Resource Officers at selected middle schools will be eliminated
-Transportation Dept. will continue to alter bus stops/routes
-Pay-to-Play for athletics will be considered
-Mandated four -day -work weeks during six weeks in the summer
-Facilities' use rates will be increased
Supt. Johnson said Governor Perdue had proposed that counties assume the purchasing of
replacement school buses. He said school bus torts were currently handled by the Attorney
General's Office, and the liability was not something the county needed. He suggested for the
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commissioners to contact the legislators in an effort persuade them not to allow bus costs and the
liability to be shifted onto counties.
Commissioner Griffith asked why the ARRA funds were used for teaching positions
when it was already known the money would be temporary.
Supt. Johnson said lay-offs would have occurred if the ARRA funds had not been used.
Commissioner Mitchell asked about the county being considered 113`h in the state as far
as per pupil funding. He asked if capital was included.
Supt. Johnson said Iredell County was considered a high wealth county (24`h in the state),
and the state used a formula based on this ranking. He mentioned that the Mooresville Graded
System had the authority to levy taxes which improved its scoring.
Finance Officer Melissa Wike said the state formula did not look at capital spending.
Commissioner Mitchell said the ranking was then false.
Supt. Johnson said the rankings for per pupil funding occurred in Raleigh. He said
county -to -county, Iredell would rank 45`h.
Commissioner Mitchell suggested for the school officials to talk to their associations
about having the formula changed.
Dr. Cash said the per pupil rank didn't matter that much to him. He said what did matter
was for the students to be able to perform and be competitive worldwide.
Chairman Johnson mentioned the Career Tech Center and green technology jobs. He
mentioned there shouldn't be a large capital investment in this area due to the energy investment
being larger than any savings.
Supt. Johnson mentioned the need to educate the county's youth. He said the top 10% of
students in China equaled the entire population of the US.
Legislative and Department of Transportation Updates
Joining the board of commissioners, and the school officials for lunch were 95°i House
District Representative Grey Mills, Chairman of the State Board of Transportation Judge Bob
Collier, Iredell County Attorney Bill Pope, Centralina Council of Governments Executive
Director Jim Prossler, Statesville Chamber President David Bradley, Mooresville -South Iredell
Chamber President Karen Shore, and citizen Victor Crosby.
Transportation Update: Judge Collier distributed new state maps and mentioned a
Division 12 Public Hearing on March 23, 2011, at the Hickory Metro Conference Center about
the Transportation Improvement Program. He then provided an update on current projects and
some of the information is as follows:
•1-40/I-77 — There are delays due to a new interchange design at I-40/Hwy. 21. The new
diverging diamond interchange will be able to handle twice as many left turns per hour.
-Four lanes on Hwy. 70 between Statesville and Salisbury have been completed.
•Resurfacing on I-40 from Burke County to James Farm Road was proposed, but it was
determined that one segment was so poor that a material other than asphalt was needed.
Work will again start on this resurfacing.
•Resurfacings have occurred from I-77 north of I-40.
-Contracts have been let to resurface 1-40 into Davie County.
-The Brawley School Road improvement to Williamson Road is progressing
•Resurfacing on US 64 from Taylorsville to Statesville has occurred
-The Strategic Highway Corridor designation for Garner Bagnal Blvd. ran into problems due to
the City of Statesville having a different concept than the state. The city was concerned the
state's design would further separate south Statesville from the municipality.
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Chairman Johnson asked Judge Collier to keep track of the road improvement request for
the America's Park project.
Judge Collier agreed and said this was an important economic development project.
Commissioner Robertson asked how the DOT created its priorities.
Collier said the department was more transparent than in the past, and local input from
the MPOs was used in creating the priorities.
Legislative Update: Representative Mills said every Iredell County representative in the
legislature had a senior leadership position. He said two issues this year would be redistricting
and the state budget. Mills said Governor Perdue had proposed a $19 billion budget but the
house and senate had established a targeted amount of $17.5 billion. He said there were
estimates of a $3.7 billion state budget shortfall, but this was actually expected to be around $2.4
billion.
Commissioner Norman asked about Governor Perdue's proposal to push costs for public
schools, traditionally paid by the state, onto the counties.
Mills said the Governor had proposed for the counties to pick up the costs for the
replacement of school buses as well as assuming the workers comp payments for state school
employees. He said it was his belief that the majority of his colleagues did not like these
proposals, and "red flags" had already been raised about them.
Representative Mills said the temporary taxes would probably be allowed to expire.
Pertaining to other legislation, Mills said bills had been filed about annexation, imminent
domain, alcoholic beverage control, and election laws.
Commissioner Robertson said a large portion of the county's budget funded education,
and the state was proposing to shift more responsibility to the counties. He mentioned the
possibility of eliminating some state programs instead of reducing educational funding.
Robertson said studies had shown that some intervention programs, such as More at Four, lost
any benefits by the second or third grade.
Mills said there were chances that some programs might be eliminated.
Commissioner Mitchell mentioned the weatherization program, where wealthy landlords
could receive assistance in improving heating systems for low-income tenants. He asked if this
type of assistance couldn't be eliminated.
Mills said he was unaware of the program.
Commissioner Mitchell said the funds were through the Department of Commerce and
information would be sent to Rep. Mills about the program.
County Finance Director Blumenstein asked Rep. Mills about the proposed legislation to
increase the elderly exemption on property taxes. She said the county didn't want its tax base to
be further eroded.
County Attorney Pope said the legislation was introduced on March 3, 2011, and the
exemption was increased up to $75,000.
Rep. Mills said he was unaware of the legislation.
Commissioner Robertson said that if the state wanted to start giving tax breaks, it should
do so on state income taxes.
Chairman Johnson asked about the corporate tax rate.
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Mills said the Governor had recently mentioned lowering the rate from 6.9 to 4.9. He
said the House Republicans had campaigned on getting this reduction, and he felt 4.9, if not
lower, had a good chance.
Victor Crosby, an Iredell County citizen, said he had been dealing with the Department of
Transportation for 60 years in an effort to obtain coordination with the Soil Conservation Office
in the building of roads and bridges. He said recreation, water supply, and flood control could be
solved with the two groups working together. Additionally, he said the county assisted with the
Third Creek Watershed, and the state needed to take an interest in this type of facility.
Mills said the Department of Environment and Natural Resources provided much of this
work. He said many changes had been occurring in the state transportation department, and once
the budget was passed, the legislators could concentrate more on policy issues.
Chamber and COG remarks: Karen Shore said the Mooresville Chamber was doing more
with less funding. She said (1) two projects in the area were moving ahead (2) existing
industries were growing/expanding and (3) the downtown Mooresville area was active.
David Bradley said a goal of the Statesville Chamber was to promote this area's quality
of life. He said Statesville was experiencing a downtown revitalization.
Jim Prosser said the COG's role was to improve this area's quality of life also. He said
Iredell County would grow in the next few years due to people wanting "a sense of home" which
could be found here. Prosser said one COG goal was to increase jobs in the area.
Health Plan Review & Updates
Health Benefits Consultant Mark Browder (Mark III Employee Benefits) said his agency
worked with 30 counties across the state. He said the North Carolina Association of County
Commissioners had previously provided a health group benefits pool, and Iredell County had
been fully insured (premiums were paid and the risk was "transitioned" to the pool). Browder
said this week, however, the Board of Trustees, voted to dissolve the program due to not
charging enough to cover the claims. Browder said the workers comp and the property liability
pools still remained.
Browder said that for 2011-12, a recommendation would be for a continuation with
Cigna and CVS with the following two options:
Browder said that after discussions with county staff, Option 1 was recommended with
no changes in the HSA (Health Services Account). He said the pharmacy service would include
a provision of "dispense as written" (DAW), and the member would pay the co -pay plus the
difference in the cost of the medication, if they requested a different medicine. Browder said as
few changes as possible were made to fit within the budget and to protect the employees.
Finance Director Blumenstein talked about expansion services with Iredell Memorial
Hospital for health care. She said it was being proposed that episodic care services be provided
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through the lredell Physician Network and Dr. David Cash. Blumenstein said these services
would include office visits, treatment for minor illnesses or injuries, basic physicals, DOT
physicals, complete physicals with labs, flu shots and PSAs. She said (1) the relationship would
provide increased productivity (2) sick leave would be reduced and (3) the cost would be about
37% below the contracted rates. Blumenstein said the locations for these types of services would
be the Statesville Family Practice, Union Grove Family Practice, and Bremnor Family Medicine.
There was consensus by the board to allow the county to provide the expanded services.
Browder said voluntary benefits were also reviewed and recommended changes were as
follows:
Vision: Community Eye Care offers a simple low cost plan and there is a proposal to use this
company rather than continue with Ameritas/EyeMed
Accident Coverage: In the past, a provider for this type of coverage was not offered. The new
plan will offer benefits for hospitalization, doctor's visits, and treatment for accidents.
Cancer Coverage: Allstate Cancer coverage is recommended due to being a "guarantee issue,"
and not being age rated.
The board was offered an opportunity to ask questions or share concerns, but none were
voiced. County Manager Mashburn said it was understood the staff could proceed with the
recommendations and changes.
Recommended Changes to the Personnel Ordinance
Human Resources Director Sandra Gregory shared suggested changes to the Personnel
Ordinance, and she said the Ogletree Deakins Employment Law Firm had approved the
revisions. Gregory then reviewed the changes as follows:
(Areas in grey have been added to the policy, and the language in parenthesis offers
explanations/justifications.) Please see page 21 for final action on the policy.
ARTICLE VI. HOLIDAYS AND LEAVE
PROPOSED EFFECTIVE DATE 7/1/11
Section]. Paid Holidays Observed
A. The following holidays, and such others as the Board of County Commissioners may designate,
shall be observed by county os,
New Years Day
Martin Luther King Day
Good Friday
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas - two or three days (see the following schedule).
When Christmas falls on.
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
The County observes:
Friday and Monday
Monday and Tuesday
Monday, Tuesday, Wednesday
Tuesday, Wednesday, Thursday
Wednesday, Thursday, Friday
Thursday and Friday
Friday and Monday
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When a holiday other than Christmas falls on a Saturday, the preceding Friday will be observed as the
holiday. When a holiday other than Christmas falls on a Sunday, the following Monday will be observed
as the holiday.
Part-time employees that are eligible for benefits and are normally, scheduled to work on the day which
the holiday falls shall receive pro -rated holiday pay.
Employees on leave without pay, (LWOP) when a holiday occurs are not eligible for holiday, pay.
Employee must be in pay status eight hours before and eight hours after the holiday in order to be paid.
Section 2. Effect of Holidays on Other Types of Paid Leave
Regular holidays that occur during a vacation, sick, or other paid leave period of any of or employee
of the County shall not be charged as annual, sick or other paid leave.
Section 3. Holidays - When Work is Required
Employees required to perform work on regularly scheduled holidays may be granted compensatory time
off at the rate of one hour offfor each hour worked on a holiday. Compensatory time off for holiday work
shall be granted within six (6) months from the time it is earned.
Section 4. Adverse Weather Conditions
County offices and departments shall remain open for the full scheduled workday unless authorization for
early, closing or other deviation is received from the County Manager's office. All departments and
offices will be given sufficient advance notice of any authorized early, closing. Non -emergency personnel
scheduled to work that day may, be granted administrative leave up to the period of time of are
closed. Administrative leave granted to an employee plus hours actually worked cannot exceed the
employee's normal work day. (Note: Employees' who come to work before the delayed opening time,
leave after an early closing time, or work although offices are closed are only allowed to record
administrative leave equal to the amount of time needed for a normal work day). However, employees
must arrive at work by the official time offices open and be on the job at the time of any, early closing to
be eligible for administrative leave. Employees who leave work before an official early closing time, as
well as those employees who report for- work late or do not report for work at all, may, elect to use
compensatory leave or vacation leave for all hours missed during the normal work hours, including the
time offices were closed. Unless compensatory, vacation, or sick leave was scheduled prior to an
authorized closing, employees who do not report for work subsequent to a day authorized as closed by the
County Manager will not receive administrative leave.fn- the day offices were closed. Ito non-exempt
employee does not have earned compensatory time or earned vacation leave, the hours missed will be
Leave without pay. Employees who are absent on an approved vacation, sick, regular scheduled day off,
or absent for any other purposes other than approved administrative leave for adverse weather
conditions will not be entitled to administrative leave time as applicable. (Sandra's Note. We can require
exempt employees to utilize vacation, but if they do not have any available, we cannot deduct for adverse
weather absenccs; therefore, I specified it was for non-exempt employees only)
When offices are closed for inclement weather or other unforeseen circumstances, employees on paid
administrative leave are to remain on stand-by (available by phone and able to report to work within one
hour) for possible recall. If an employee is recalled and is not available or is unable to come in upon
recall, then administrative leave will be forfeited, and time off will be charged to compensatory leave,
vacation or leave without pay.(Sandra's Note: Added the highlighted paragraph above based off of
previous memo from Mr. Mashburn indicating this procedure)
Emergency Personnel includes those positions deemed necessary, for continuity of operations within the
Sheriff's Office and Jail, ECOM, EMS, Parks Recreation & Facility Services, Inspections, and Code
Enforcement, I -CATS, and Solid Waste. Some departments may have internal call-in procedures during
an adverse weather day for employees in order to determine if there is a need for them to report to work.
This procedure will be handled on a departmental basis and will be communicated to employees by the
department head. (Sandra's Note: This section will be utilized for departments whose schedule may, or
may not have a need to report to work)
Section 5. Annual Leave
A. Employees serving a probationary period following initial appointment shall not be permitted to
take annual leave during the probationary period unless the denial of such leave will create an
undue hardship. Any annual leave granted during this period shall have prior approval of the
department head. Law enforcement officers shall be allowed to take accumulated vacation leave
after six (6) months ofsatisfactory service.
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B. Each regular salaried employee occupying an established budgeted position shall earn annual
leave each payroll
period in accordance with the
following schedule ol'lotal service:
Years Worked
Regular
Sheriff', Jai[,
EMS
Employees
ECOM
40 Hour Wk.
42 Hour Wk.
56 Hour Wk.
Less than 2
3.0785
3.2308
4.3062
2 but less than 5
3.6923
3.8769
5.1692
5 but less than 10
4.6154
4.8462
6.4615
10 but less than 15
5.5385
5.8154
7.7538
15 but less than 20
6.4615
6.7846
9.0462
20 or more
7.3846
7.7538
10.3385
C. Annual leave will be accrued on a pro -rated basis when an employee is not in pay status the full
pay period. The amount of accrual will be determined by the number of hours the employee is in
pay status.
D. Annual leave may he accumulated without any applicable maximum until the payroll period that
includes December 31" of each calendar year. Any employee with more than thirty (30) days or
240 hours of accumulated leave at the end ofthe payroll period that includes December 31", shall
have up to 80 hours of the excess accumulation converted to
sick leave. Any additional excess accumulation shall be cancelled so that only thirty (30) days or
240 hours are carried forward to the next payroll period.
E. Annual leave shall be taken in increments of 15 minutes and must be approved by the employee's
department head in advance.
F. Any, employee who separates in good standing and is reinstated within one year may receive
previous credit time jos the purpose of accruing annual leave. The total months of previous
service time will be recognized at the end of the probationary period.
G. An employee who is separated shall be paid,for annual leave accumulated to the dale of
separation, not to exceed a maximum of thirty (30) days or 240 hours. Any advanced annual
leave owed the county shall be deducted from the employee's final compensation.
H. The estate of an employee who dies while employed by the county shall be entitled to payment for
all of the accumulated annual leave, not to exceed a maximum of 240 hours.
1. The above -stated leave schedule shall he increased by .6138 for employees hired
prior to 11111997.
J A new employee coming directly, from a NC state, city or county governmental
agency may receive credit for years of service at that agency for purposes of
determining the vacation accrual rate. To be eligible for the credit, the
governmental agency must cert the number of years the employee had attained
at the time of separation and/or the service date used for accrual rate purposes. (Sandra's
Sandra's Note: This allows for annual leave credit to be awarded if employee has been separated
from Iredell County for more than one year if they have been working for another local
government agency)
K Compensatory time must be exhausted before annual leave may be granted.
(Sandra's Note. I removed two statements. One statement being, "vacation leave earned by
employees having a workweek with greater or fewer hours than the basic workweek shall be
prorated. Other statement being, "employees must be in pay status for at least half the payroll
period to earn leave credits. " This is covered in item C listed above)
Section 6. Sick Leave
Sick leave with pay is not a right which an employee may demand but a privilege granted by the Board of
County Commissioners. Iredell County reserves the right to evaluate the misuse of sick time and
administer disciplinary action when necessary. Sick leave shall be taken in increments oj' 15 minutes and
must be approved by the supervisor. Compensatory accruals must be exhausted before sick time will be
granted.
A. Employees may be granted sick leave for absence due to the following:
1. Sickness or bodily injury that prevents the employee from performing his or her regular
duties.
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2. When needed to provide care for an immediate family member. (Immediate family is
deemed to include spouse, guardian, children, parent, in-laws, and various combinations
of half, step, and adopted relationships that can be derived from those named.)
3. When needed to provide care for an immediate family member or when needed to
accompany the family member to a facility for medical examination or treatment.
Leave for this reason it limited to 80 hours per rolling backward calendar year. There is no
limit on the number of hours to use if the absence has been deemed as a qualifying FMLA
absence. (Sandra's Note: Removed the 80 hour limitation for use (?sick time for immediate
family.for qualifying FMLA purposes only. !feel this is what sick is for and in most cases,
immediate family will apply to FMLA in which we want them to utilize their accrued leave
while on FMLA)
1. Medical or dental appointments for employee or immediate family members.
2. The birth or adoption of a child.
3. Exposure to a contagious disease when continuing work might jeopardize the health of
others.
4. Death in the employee's immediate family, in excess of the two (2) paid bereavement
days for any one occurrence to a maximum of 24 hours. In special circumstances,
additional time may be granted with the approval of the department head (Sandra's
Note: Two days of bereavement pay will replace the required use of sick time for death
in family. The two day bereavement pay is defined in Section 10. Bereavement Leave)
5. To supplement Worker's Compensation Insurance as provided in Section 14 of this
Article.
B. If an employee is FMLA-eligible and if the reason for sick Leave is an FMLA qualifying reason,
then sick leave under this policy must be substituted for FMLA leave, so that both run
concurrently.
C Employees must notify their immediate supervisor of all requests for sick leave before the leave
is taken, or not later than fifteen (15) minutes after the beginning of a scheduled work day. Sick
leave may only be taken with the approval of the immediate supervisor. Failure to call in for
three (3) consecutive days is considered a voluntary resignation.
D. Each regular salaried employee occupying a permanently established budgeted
position (at least half the month) shall earn sick leave at the rate of 3.6924 hours each pay, period
(pro -rated for employees working fewer hours as established as
the basic workweek). This base rate will be pro -rated based on the number of hours an employee
is in pay status during the pay period. Sick leave will be cumulative for an unlimited member of
days. At the time of separation, any sick leave owed the county shall be deducted.from the
employee's,final compensation.
E. As a condition of approving sick leave, the employee's department head, the county manager, or
designee, may require a statement .from the physician, or other acceptable proof, that the
employee was unable to report for work or that leave was necessary to care for an immediate
family member or take the family member to a medical facility jbr examination or treatment.
F Employees on sick leave for more than five (5) working days due to their own personal sickness
will he required to provide a doctor's certification that they are able to perform the essential
.functions of the job before being reinstated to his/her position.
G. The county manager, or designee, may, advance sick leave to an employee who has
exhausted annual and 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.
H. Sick leave earned monthly is allowed as creditable service at the time of retirement to employees
who are members of the North Carolina Local Government Employees' Retirement System. One
month of credit is allowed for each twenty (20) days of unused sick leave when an employee
retires, and an additional month is credited for any part of twenty (20) days unused sick leave Left
over.
Unused sick leave earned from another North Carolina governmental agency and/or entity, will
be accepted and transferred to the county as follows:
1. The governmental entity, was the employee's place of employment immediately prior to
their employment with Iredell County.
2. The total memher of days accepted as transferred will be added to the record after
completion of the probationary period. Law Enforcement Officers shall have
transferred leave added to the record after six months of satisfactory service. (Sandra's
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Note: Added this statement — Article IV of IC Personnel Ordinance says law
enforcement serves a one year probation, Article VI Annual Leave Policy says they can
take vacation after 6 months ofservice. 1 changed the use ofsick time to be consistent
with annual leave policy. 1 think no sick or annual leave for one year is a little
unreasonable in comparison to other employees with a 6 month probationary period)
3. Verification of accumulated sick leave must be received in writing from
the previous employer.
J Employees who resign and are not reinstated with the county within a one-year
period shall lose all sick leave credits. No employee shall be paid for any accrued
sick leave at the time ofseparation from employment.
Section T Maximum Unpaid Leave OfAbsence
A. The Department Head may grant an unpaid leave for up to three (3) consecutive days to any
employee who has exhausted compensatory, vacation, and sick leave accruals. The county
manager, or designee, upon recommendation of the department head, may grant leave without
pay for up to six months to employees who have completed their probationary period for the
following reasons:
1. Continuation of education.
2. Special work that will permit the county, to benefit by the experience gained or
performed.
3. A qualifying FMLA condition after exhaustion of the employee's accrued time off.
4. Accommodation of a disability as defined under ADAA.
S. Other reasons deemed justified by the county, manager, or designee.
6 The birth or adoption of a child.
B. If an employee is FMLA-eligible and if the reason the county manager granted leave without pay
under this policy is for an FMLA qualifying reason, then leave under this policy must run
concurrent with FMLA. At any time there are discrepancies as setforth in the Maximum Unpaid
Leave of Absence Policy for qualifying FMLA absences, FMLA guidelines shall supersede.
C. Return to work fbr less than Ebur consecutive weeks will not break the six-month maximum period
under this policy. Unpaid leaves of absences are limited to one per rolling calendar year.
D. Insofar as leave is granted under this policy for an employee disabled under the Americans
Disabilities Amendment Act, the county manager, or designee, may approve additional leave as
an accommodation for such disability to the extent that such extension does not create an undue
hardship on the county.
E. Except for extensions of leave under Section D above, any extension of leave under this policy
must be approved by the Board of County Commissioners.
F. The County may request that an employee take an unpaid leave of absence when the employee
becomes medically unable to perform his/her job or f the employee's condition could affect the
work, safety, or health in' any employee or the property of the Countv.
G. All compensatory, sick, annual leave and shared leave time (if applicable) respectively must be
exhausted before an unpaid leave of absence will be considered.(Sandra's Note: Added this
statement and removed statement regarding employees having the option to retain all unused
annual leave while on LWOP)
Benefits While on Unpaid Leave (if Absence
Annual leave and sick leave will not be accrued while on a non-FMLA unpaid leave of absence.
(Sandra's Note: Policy previously stated it would be accrued on a pro -rated basis
determined by the # of hours employee is in pay, status. 1n my, opinion, you wouldn't be in
pay, status if you were on LWOP)
An employee on non-FMLA unpaid leave may be eligible,for benefits under the County's group
insurance plans, subject to any, regulations adopted by the County
Commissioners and the regulations of the respective insurance companies at the
employee's expense. Failure to pay, the employee portion of medical and dental premiums
.for 30 days will result in termination of insurance coverage. Should a lapse in coverage
occur COBRA and HIPPA regulations will apply, and a waiting period must be satisfied.
(Sandra's Note: Added highlight above because we are required to continue to pay fbr
employee health insurance while on FMLA. After FMLA is exhausted, we can require
them to pay.for their insurance for the remainder of the time out of work)
Employee will be responsible for premiums on all voluntary insurance plans.
4. Employee on LWOP for qualifying purposes of FMLA shall be reinstated to his/her former
position or an equivalent job. Refusal of an offer of reinstatement will be considered a
voluntary resignation. Although the County will make every effort to return an employee
on non-FMLA to a former position or equivalent position, employees on non-FMLA will
not be guaranteed a reinstatement of former position or equivalent position. (Sandra's
Note.- This added statement will require the employee to return to the equivalent job if
former position isn't available or it will be considered a voluntary resignation. In
addition, it releases the County of a liability to hold positions open for non-FMLA
purposes)
Section 8. Leave Under the Family, and Medical Leave Act
In compliance with the Family, and Medical Leave Act of 1993, (FMLA) and as
amended, all employees who have been employed with Iredell County at least
twelve months, and who have worked at least 1,250 hours in the previous 12 -month
period.for the County, are eligible for FMLA leave for the circumstances identified below
as provided by 29 CFR Part 825.
Twelve month defined: The twelve month period for the calculation ofFMLA need not be consecutive
months; employment periods prior to a break in service of seven years or more will not be counted unless
the break is occasioned by the employee's fufllment of his or her National Guard or Reserve Military
obligation (as protected under the USERRA); or a written agreement exists concerning the County's
intention to rehire the employee after a break in service. (For more information, see special rules for
returning Reservists under USERRA) The County shall use a rolling 12 -month period to measure
backward from the date an employee uses any FMLA Leave.
Reason for FMLA leave: FMLA leave may be taken for: (Sandra's Notes: Added a more defined
explanation of the 12 -month qualification)
(1) The birth of a child,
(2) The placement of'a child in the employee's home through adoption or
foster care;
(3) To care, for the employee's spouse, child, or parent (not including in-
laws) who have a serious health condition; (Sandra's Note: Removed maximum age
limit of 18 for child because FMLA could cover a child over 18)
(4) A serious health condition that maker the employee unable to
perform his/her job (as defined below);
(5) Qualifying military exigency leave; and
(6) Militaty caregiver leave.
Definitions:
A serious health condition is defined as an illness, injury, impairment, or physical or
mental condition that involves either:
(1) Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential
medical -care facility, including any period of incapacity (i.e. inability to work, attend school,
or per form other regular daily activities) or subsequent treatment in connection with such
inpatient care; or
(2) Continuing treatment by a health care provider which includes a period of
incapacity lasting more than three consecutive, full calendar days, and any subsequent
treatment or period of incapacity, relating to the same condition, that also includes: treatment
two or more times by or under the supervision of a health care provider (i. e. in person visits
the first visit within 7 days and both within 30 days of the first day, of incapacity); or
(3) One treatment by a health care provider (i.e. an in-person visit within 7 days
of the first day of incapacity) with a continuing regimen of treatment (e.g.
prescription medication, physical therapy); or
(4) Any period of incapacity related to pregnancy or for prenatal care. A visit to
the health care provider is not necessary for each absence; or
(5) Any, period of incapacity or treatment for a chronic serious health condition
that continues over an extended period, requires periodic visits (at least twice a year) to a
health care provider, and may involve occasional episodes of incapacity. A visit to a health
care provider is not necessary for each absence; or
(6) A period of incapacity that is permanent or long-term due to a condition for
which treatment may not be effective. Only supervision by a health care provider is required,
rather than active treatment; or
(7) Any, absences to receive multiple treatments for restorative surgery or for a
condition that would likely result in a period of incapacity of more than three days if not
treated.
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Spouses Employed by the County
When a husband and wife are both employed by the county, they are limited to a combined total of 12
workweeks of leave if the leave is taken to care for the birth or placement of a child with the couple for
adoption or fosler care. This limitation does not prohibit either employee from taking additional basic
FMLA leave for which he or she may be eligible, such as leave taken to care for a child with a serious
health condition or because of the serious health condition of the employee.
A husband and wife will be eligible for a combined 26 weeks of Military Caregiver Leave. If the husband
or wife also takes additional basic FMLA leave (combined or individual), that leave also will count
toward the 26 weeks of combined Military Caregiver Leave during a single 12 -month period.
Notice of Need for FMLA Leave
If the leave is foreseeable (birth or placement, planned medical care, leave due to active duty of
immediate family member), employees must provide at least thirty (30) days advance notice. If
circumstances prevent providing the thirty days advance notice, then the employee should provide as
much notice as possible.
If an employee fails to give the required notice for foreseeable leave with no reasonable excuse, the
employee may be denied the taking of the leave until the employee provides adequate notice of need for
the employees should make every reasonable effort to schedule medical treatments so as not to disrupt the
ongoing operations of the department.
When the employee requests leave for planned medical treatment, the employee must consult with the
employer before scheduling the treatment in order to work out a schedule that meets the needs of both
employee and employer, subject to the approval of the healthcare provider.
Intermittent FMLA Leave
Leave on an intermittent or reduced schedule basis may be available when medically necessary, due to an
employee's serious health condition or an employee's immediate family member's serious heath condition
or for a qualifying military exigency. Military Caregiver Leave may be taken intermittently or on a
reduced Leave schedule when medically, necessary.
Employees taking intermittent leave must follow their department's standard call-in procedures absent
unusual circumstances. Failure to call in for three (3) consecutive days will be considered a voluntary
resignation. (Sandra's Note: Added this statement because while under FMLA, emplovee is still required
to follow department call-in procedures)
In some instances the County may transfer an employee on intermittent or reduced schedule leave to an
alternate position for which the employee is qualified and which better accommodates periods of
recurring leave. While employees on FMLA may request a transfer, transfers are allowed at the sole
discretion of the County (to be determined on a case-by-case basis). (Sandra's Note. Removed statement
regarding intermittent FMLA or reduced schedule for birth being approved by County Manager. FMLA
says that they can utilize FMLA for birth up to the baby's first year)
Documentation Supporting FMLA Leave
Your reason for the leave must be covered under FMLA and you must provide a completed FMLA
Certification of Health Care Provider Form supporting the need for the leave. A request for reasonable
documentation offamily relationship verifying the legitimacy ofa FMLA Leave may also be required
Employees will have, f fteen (15) days in which to return a completed Certification Form following receipt
of the form from Human Resources. If the Certilication form is incomplete or insufficient, an employee
will be given written notification of the information needed and will have seven (7) calendar days after
receiving such written notice to provide the necessary information. If an employee fails to provide timely
certification after being required to do so, the employee may be denied the use of leave under FMLA.
Unauthorized leave may result in disciplinary action, up to and including dismissal.
Ifthere is reason to doubt the validity ofthe medical certification, asecond opinion, related to the health
condition may be required. If the original certification and the second opinion differ, a third opinion, at
the expense of the County, may, be required. The opinion of the third health care provider, which the
County, and the associate jointly select, will be the final and binding decision. A human resources
representative shall have the responsibility of contacting the health care provider for clarification
purposes related to the medical certification. (Sandra's Note. Added this statement because FMLA
specifically suggest designating HR to be the contact person)
A request for Active Duty- Leave must be supported by the Certification of Qualifying Exigency.for
Military Family Leave Form as well as appropriate documentation, including the covered military
member's active duty orders. A request for Military Caregiver Leave must be supported by the
Certifrcation,for Serious Injury or Illness of Covered Service Member Form as well as any necessary
supporting documentation.
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Recertification
The county may not ask for recertification any more frequently than every 30 days or once the minimum
duration of the incapacity set forth by the health care provider in the original certification is reached.
(Sandra's Note: Revised this statement in order to be compliant with FMLA. Previous policy allowed for
the County to require this at their sole discretion and/or one time per year)
Substitution of Paid Leave
All leaves under this policy will be unpaid for exempt and nonexempt employees, unless FMLA runs
concurrent with paid leave. Employees are required to exhaust accrued compensatory time, sick time and
annual leave respectively for FMLA absences. (Sandra's Note: Added this statement. Previously allowed
the option to use accrued vacation) Accrued compensatory sick time, and annual leave are not required
or allowed when an employee is on disability and receiving disability pay or benefts under an employer
sponsored insurance program (.such as Workers Compensation). If all paid leave is exhausted during a
qualifying FML absence, employee has the option to apply for shared leave or be placed on leave without
pay for the duration of the FMLA absence. Guidelines set forth in the County's Shared Leave Policy and
Maximum Unpaid Leave of Absence Policy shall be administered and run concurrent with FMLA.
Should there be any discrepancies between the FMLA, Shared Leave, or Maximum Unpaid Leave of
Absence Policy, FMLA rules and regulations shall supersede. All paid and unpaid leave time shall run
concurrent with FMLA. (Sandra's Note. Added the highlighted section above to define a specific
procedure on how all other leave options work in conjunction with FMLA)
Supervisors are responsible,fn- documenting FMLA leave on the employee's timesheet and seeing that
the appropriate codes are entered for time and attendance. Available compensatory leave should be used
first, sick leave if applicable, and annual leave before LWOP or Shared Leave may be considered.
(Sandra's Note: Added the highlight to ensure that annual Leave was also exhausted) Employees who are
out on FMLA leave are expected to report every pay period to their supervisor to ensure proper
completion of timesheets.
Benefits during FMLA Leave
1. Annual leave and sick leave will be accrued while on paid or unpaid FMLA leave on a prorated
basis determined by the number of hours an employee is in paid status during the pay period.
2. An employee on paid leave status during FMLA will receive holiday pay. Employee will not
receive holiday pay while on unpaid leave status during an FMLA absence.
3. An ernployee on paid or unpaid FMLA leave will he retained on the county's group
hospitalization plan at the same level, and under the same conditions as, provided prior to the
employee's leave. Employee contributions for dependent health insurance coverage and
voluntary insurance products maintained during the period of leave must be paid by the
employee.
4. Employees will be required to reimburse the county for insurance premiums paid on their behalf
if the employee fails to return to work after FMLA leave except if the reason is the continuation,
recurrence, or onset of a qualifying FMLA reason which is verified by a health-care provider or
other circumstances beyond the employee's control. Premiums may be recovered through small
claims court or from deduction in wages or vacation pay that would otherwise be included in the
final paycheck.
S. If an employee does not return from FMLA Leave, COBRA will be triggered when FMLA leave
ceases for any reason except when extended leave is granted under the County's Maximum Leave
without Pay Policy.
6. The availability of other plan benefits during FMLA leave is governed by each benefit booklet.
Reinstatement
If'an erpooyee is capable of performing all essential functions of his/her last regular job upon returning
from FMLA leave, the employee will be reinstated to his/her former position or an
equivalent job (equivalent defined as virtually identical to the original job in terms of pay, benefits, and
other employment terms and conditions) (Sandra's Note: Added the definition for administration
purposes) provided the employee .furnishes a healthcare provider's medical verification of such
capability. Refusals of an offer of reinstatement will be treated as a voluntary resignation. The right of
reinstatement with restoration of pay and benefits is conditioned upon the employee's ability to perform
all essential functions of the last regular position held prior to leave.
FMLA leave will cease immediately when. (1) the employee does not timely provide the necessary
information to support the need.for FMLA leave (such as medical certification); (2) the employee would
otherwise be subject to separation (for example, the position is being eliminated and the employee would
otherwise be subject to layoff, the employee is discharged for cause, etc.); or (3) the employee gives
unequivocal notice (verbal or written) of his/her intent not to return to employment; or (4) FMLA leave is
exhausted.
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When FMLA leave ceases, group health coverage, reinstatement rights, and restoration rights also cease
Disciplinary action, including discharge, continues to apply to employees on FMLA leave as if the
employee had remained in active service.
Upon reinstatement, the employee will be restored to coverage under all employee benefit plans in which
he/she was participating in the Last regular job held prior to the FMLA leave, unless the employee has
changed his/her election.
Restricted Activity during a FMLA Leave (Sandra's Note: Added this entire section)
Employees on a qualifying FMLA leave shall not be employed in any capacity during the leave.
Employees are prohibited in engaging in activity that would appear impossible or prohibited within the
guidelines of the medical certification. Failure to comply may result in disciplinary action, up to and
including termination.
Failure to Return from Leave
If an employee takes FMLA leave in excess of the weeks./or which helshe is eligible or fails to return from
leave as scheduled, the employee will not be assured a position with the County, upon return and may, be
subject to disciplinary action up to and including termination.
SECTION 8 (a). FMLA: Military Family Leave Entitlements
(Sandra's Note: Added this entire section in order to be compliant with USERRA)
Interaction with State Military Leave Laws
Certain states require employers to provide greater or different job protected leave to family members of
persons in the military. When applicable, the County complies with all such militaryfamily leave laws.
When leave provided under one of these laws is covered under the
federal FMLA, it also shall count toward the employee's federal FMLA entitlement and as FMLA Leave
under this Policy. These military, family leave laws vary by state, and the employee should contact
Human Resources if you have questions about them.
Amendments to the FMLA by the National Defense Authorization Act (NDAA), Public
Law 110-181, expanded the FMLA to provide leave for any qualifying exigency arising out of the fact that
an employee's spouse, son (of any age), daughter (of any age) or parent, defined as a covered military
member, is on active duty (or has been notified of an impending call or order to active duty) in the United
States Armed Forces, National Guard or Reserves, or is retired member of the Armed Forces or Reserves
and has been notified of an impending call or order to active duty in support of a contingency operation.
The NDAA also amended the FMLA to allow eligible employees to take up to 26 weeks ofjobprotected
leave in a "single 12 -month period" to care for a covered service member with a serious injury or illness.
These two new types of FMLA leave are known as the militaryfamily leave entitlements.
Qualifying Exigency Leave: Under the terms of the statute, qualifying exigency leave is available to a
family member of a military member in the Armed Forces, to include National Guard or Reserves. Iredell
County shall grant an eligible employee up to a total of 12 workweeks of leave during the normal 12 -
month period established for FMLA. Under the terms of the statute, qualifying exigency leave is available
to a family member of a military member in the Armed Forces, to include National Guard or Reserves.
Qualifying exigencies include: Issues arising from a covered military member's short notice deployment
for a period of seven days from the date of notification; military events and related activities sponsored or
promoted by the military, military service organizations, or the American Red Cross that are related to
the covered active duty or call to covered active duty status of a covered military member; certain
childcare and related activities arising from the covered active duty or call to covered active duty status
of covered military members; making or updating financial and legal arrangements to address a covered
military members' absence; attending counseling provided by someone other than a health care provider
for oneself, the covered military member, or the child of the covered military member; taking up to five
days of leave to spend with a covered military member who is on short-term temporary leave during
deployment, attending to certain post -deployment activities, including attending arrival ceremonies,
reintegration briefings and events, and other official ceremonies or programs sponsored by the military
for a period of 90 days following the termination of the covered military member's covered active duty
status, and addressing issues arising from the death of a covered military member. Covered active duty
means, in the case of a member of a regular component of the Armed Forces, duty during the deployment
of the member with the Armed Forces to a foreign country; and in the case of a member of a reserve
component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a
foreign country under a call or order to active duty.
Notice of the Need to Take Qualifying Exigency Leave: An employee must provide
notice of the need for qualifying exigency leave as soon as practicable. If the leave is
foreseeable, Human Resources should be notified on the same day or the next
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business day. If the need for leave is unforeseeable, an employee must comply with
normal call-in procedures when calling in absent.
Certification for Qualifying Exigency Leave: Upon request for leave, an employee
will be required to provide a certification of qualifying exigency for military. family leave
(Form W71-384) and supporting documents as listed on the Form WH -384. A
certification will be required for each individual qualifying exigency arising out of the
same call to duty.
Son or daughter of a covered service member means biological, adopted, foster, stepchild, legal ward or
a child for whom the service member stood in loco parentis. The child may be of any age. Parent is
defined as, biological, adoptive, step or foster father or mother or any other person who stood in loco
parentis to the employee. The term `parent" does not include in-laws.
Military Caregiver Leave: An employee who is a spouse, son or daughter of a covered service member
and/or parent of a covered service member, or next of kin of a covered service member with a serious
injury or illness may be granted up to a total of 26 workweeks ofpaid or unpaid leave during a "single
12 -month period" to care for the service member. A covered service member is a current member of the
Armed Forces, including a member of the National Guard or Reserves who is undergoing medical
treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary
disability retired list, for a serious injury or illness or a veteran who is undergoing medical treatment,
recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces,
including a member of the National Guard or reserves at anytime during the period of 5 years preceding
the date on which the veteran undergoes that medical treatment, recuperation, or therapy. A serious
injury or illness is one that was incurred by a member of the Armed Forces, including a member of the
National Guard or Reserves means an injury or illness that was incurred in the line of duty on active duty
in the Armed Forces and that may render the service member medically unfit to perform the duties of his
or her office, grade, rank, or rating. In the case of a veteran, who was a member of the Armed Forces,
including a member of the National Guard or Reserves that was incurred by a member in line of duty on
active duty in the Armed Forces or existed before the members active duty and was aggravated by service
in the line of duty on active duty in the Armed Forces and that manifested itself before or after the
member became a veteran The FMLA "serious health condition" does not apply to this leave. The
"single 12 -month period"for leave to care for a covered service member with a serious injury or illness
begins on the first day the employee takes leave for this reason and ends 12 months later, regardless of
the 12 -month period established by the employer for other types of FMLA leaves. An eligible employee is
limited to a combined total of 26 workweeks of leave for any FMLA-qualifying reason during the "single
12 -month period. "
Military Caregiver Certification Requirements: The same notice requirements apply to military caregiver
leave as apply to FMLA leave for serious health condition of an employee or of an employee's immediate
family member.
Certification for Requirements Military Care Giver: Pursuant to 29 CFR 825.310 (b)
and (c), medical certifications for military caregiver leave will be required Certifications of military
caregiver leave will require employee to provide information sufficient to establish the employee's need
for leave including the following facts: (1) a statement of medical facts regarding the service members'
health condition, specifically, facts relating to whether the injury or illness renders the service member
medically unfit to perform the duties of his or her military office, grade, rank, or rating and whether the
member is receiving medical treatment, recuperation or therapy; (2) information sufficient to establish
that the service member is in need of care; (3) a description of the care to be provided to the service
member and an estimate of the leave needed to provide the care; (4) the relationship of the employee to
the service member. Certification of the need for military caregiver leave shall be subject to the same time
requirements as FMLA leave. Acceptable documents in lieu of the Certification Form WH -385 for
military caregiver leave are invitational travel orders (ITO), invitational travel authorizations (ITA).
Calculating the Amount of Military Caregiver Leave: An employee is eligible for 26 weeks of leave to
care for the service member during a single 12 -month period This leave is provided on a per covered
service member per injury basis. An employee is entitled to a combined total of 26 workweeks of leave for
any FMLA qualifying reason in a year in which she or he takes military caregiver leave. The single 12 -
month period begins the first day the employee takes military caregiver leave and ends 12 -months later.
Military caregiver leave may also be taken on an intermittent or reduced leave schedule.
Section 9. Child Involvement Leave (Sandra's Note: Changed the title — all highlighted areas are new)
To comply, with G.S. 95-28.3 as amended e)fective December 1, 1993, employees will be granted at least
eight hours of unpaid leave (Sandra's Note: Increased from four hours to eight because 4 hours it not a
sitfficient amount of time if you have more than one child. Average home has 2-3 children) per calendar
Year to attend or otherwise be involved in activities at their child's school for the following reasons:
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1. Parental involvement in the schools.
2. To meet with a teacher or administrator of any elementary school, middle or junior high
school, high school, college, college registration, or childcare program.
3. Any employee for tutoring and mentoring in the schools or with a community service
organization.
Examples of Exclusions:
Child Involvement Leave will not be allowed for certain exclusionary reasons, including, but not limited
to specialized activities or instruction such as athletics, dance, art, music lessons, horseback riding,
gymnastics, or organized clubs for children, such as Boy Scout, Girl Scouts, etc. as referenced in G.S.
110-86.
Employees may take leave under the following conditions:
1. The department head has the option to require at least 48 hours notice before the
tune desired jor the leave;
2. Leave time taken will betaken at a mutually, agreed upon time between the
immediate supervisor and the employee.
3. The department head may require a written ver{'frcation from the child's
school that the employee attended or was otherwise involved at that school
during the time of leave to their supervisor at the time the employee returns
to work.
Time not used by December 31 each year shall be forfeited and will not roll over to the next year.
Definitions:
School: Includes public, private, church schools, preschools, daycare facilities, and
colleges.
Parent: Any employee who is a parent, guardian, or person standing in loco parentis of a
school -aged child.
Child: Birth to age 18 and up to age 22 for college registration purposes.
Section 10. Bereavement Leave
This policy is written to establish guidelines for the use of bereavement leave due to the death in the
employee's immediate family or death of co-worker. (Sandra's Note: Changed to include death of
immediate family) As appropriate to the situation, the Department Head, immediate Supervisor, and
Human Resources Director or County Manager (or designee) may serve as designated officials to attend
the funeral ofa county employee or county employee's immediate family member. Associated travel
expenses for designated officials shall be eligible for reimbursement as specified in the Iredell County
Accounting Procedures Manual.
A. Death oflmmediate Family:
1. An employee who has a member ofhis/her immediate,family taken in death may receive up to two (2)
paid bereavement days off to arrange and or attend funeral activities. Excess absences shall be
charged to comp, sick (maximum of 24 hours) and/or vacation respectively. In special
circumstances, additional time may be granted with the approval of the department head. (Sandra's
Note: Changed (tom sick time being used/or bereavement pay to two days of bereavement pay. This
establishes a new added benefit)
2. Immediate family is deemed to include spouse, mother, father, guardian, children, brother, sister,
grandparent, grandchild, in-laws, plus various combinations of half, step, and adopted relationships
that can be derived from those named.
3. Proof of death must be given to department head if requested.
A. Death of County Employee:
1. The Department head may, send a designees) ifhe/she or the immediate
supervisor is unable to attend.
Other County employees attending the funeral and/or visitation will charge
the absence to earned compensatory, vacation leave, or leave without pay respectively.
Department Heads may allow employees to make up time away from the department within the
same workweek when such extra work will not create an overtime situation.
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In the event the number of employees wishing to attend the, funeral exceeds that necessary to
carry out the operations of the department, Department Ileads may assign employees from
another unit to fill info- employees attending.
4. Should a death occur in a small department of the County, the department head and county,
manager, or designee, will consider options such as using volunteers, closing the of
fice, and
reassigning employees from another department to determine the best method of handling the
operations of the office.
Section 11. Military Leave (Sandra's Note: Revised this entire section to be in compliance with
USERRA)
A regular employee who is a member of the National Guard or Armed Forces Reserve
will be allowed ten (10) workdays of military training leave annually, with partial compensation. If the
compensation received while on military leave is less than the salary that would have been earned during
this same period as an active employee, the employee shall receive partial compensation equal to the
difference in the base salary earned as a reservist or a guardsman and pay that would have been earned
during this same period as a county employee. The effect will be to maintain the employee's pay at the
normal level during this ten (10) workday period. On rare occasions due to annual training being
scheduled on a federal fiscal year basis, an employee may be required to attend two periods of training in
one calendar year. For this purpose only, an employee shall be granted an additional ten days of military
leave during the same calendar year.Ifsuch military duty is required beyond this ten (10) workday
period, the employee shall be eligible to take accumulated vacation leave or be placed on leave without
pay status. While on military leave with partial pay or without pay, the employee's leave credits and
other benefits shall continue to accrue as if the employee remained with the County during this period. An
employee's health coverage will be maintained during military leave at the same level and status as
during regular work period. An employee must arrange for optional benefit premiums to be paid while on
leave. Employees who are Guardsmen and Reservists have all job rights specified in the Vietnam
Veterans Readjustment Assistance Act.
Section 11(a). Reinstatement Following Military Service
Under the Uniformed Services Employment and Reemployment Rights Act (USERRA),
there are time limits for returning to work that are based on the duration of the employee's military
service. Time limits are as follows:
1. Time in service is for less than 31 days — employee must report to work by the
beginning of the first regularly scheduled workday eight hours after he or she
returns home from the military, or
2. Time in service is from 31-180 days — employee must submit an application for
employment no later than 14 days after completion of the service, or
3. Time in service is for 181 days or more — employee must submit an application
for employment no later than 90 days after completion of service, and
4. An employee called to extended active duty with the United States Military
Forces, who does not volunteer for service beyond the period for which called,
shall be reinstated with full benefits provided the employee is able to perform
the duties of the former position or similar position or is unable to perform the
duties of the former position or a similar position due to disability sustained as
a result of military service, but is able to perform the duties of another position
in the service of the County. In this case, the employee shall be employed in
such other position that will provide the nearest approximation of the seniority,
status, and pay which the employee otherwise would have been provided if
available.
An employee returningfrom military leave and qualifyingfor USERRA benefits may
have the time of service counted toward the FMLA 12 month employment test and the
FMLA 1,250 hour requirement for FMLA eligibility.
Section 12. Civil Leave
A. Non -Job Related Civil Leave
An employee called?or jury duty may use civil leave with pay#or the period of time required to be at
court and will receive any fees received for jrny duty. Employees are expected to report to work when
court duty ends hefore the end of the regular workday. Additional time off is not given when jury duty
occurs on a day the employee is scheduled (?#from work.
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An employee subpoenaed to appear as a witness in court or directed by officials to provide testimorry
during an official investigation, may use civil leave with pay for the period of absence required.
B. Job Related Civil Leave
The time an employee whose official job duties require attendance in court or at a job related legal
proceeding will be considered work time. The homy attending will be included in the total hours worked
for the week. Employees must turn over to the county any witness fees or travel allowances awarded in
connection with of duties.
Section 13. Educational Leave
A. Leave for Specific Courses with Non -Reimbursement (Sandra's Note. Changed title to specify leave
with pay for education vs. educational reimbursement program)
A leave of absence at full pay during regular work hours may, be granted to an employee to take one (1)
course at a time which will better equip the employee to perform assigned duties. The employee must
submit a course outline to the department head so helshe can determine if the course will better equip the
employee to perfbrm assigned duties. A copy of the course outline and the department head's justification
will be submitted to the County Manager, or designee, for approval. No reimbursement option is
available in conjunction with a leave with pay for educational purposes. (Sandra's Note: This has always
been the policy, but adding a statement clarifies procedures)
Extended Leave and Benefits
A leave of absence at fill or partial pay fbr a period not to exceed twelve (12) calendar months may, be
granted to an employee who has completed the initial probation period and is enrolled full-time in an
institution of higher learning and pursuing courses which directly relate to an employee's joh. The
decision to grant such leave will he based on such factors as workload, critical nature of employee's joh,
chances of the employee returning to duty, and how beneficial the course(s) will be to the current job
duties. Such leave must be recommended by the department head and county, manager and approved by
the Board of Commissioners.
B. Reimbursement for Specific Courses
An employee may receive reimbursement for one (1) course at a time taken outside of working hours
which will better equip the employee to perfbrm assigned duties. To be eligible for reimbursement, an
outline of the course content must he submitted to the department head. if the department head
determines the course will better equip the employee to perform assigned duties, he/she will submit a
recommendation for approval to the county manager, or designee.
If the County Manager, or designee, approves a leave or reimbursement for tuition, fees, and hooks for
specific courser taken, employee must provide a notice of successful completion (passing grade or better)
and provide receipts in order to be reimbursed.
C. Eligibility Requirements (Sandra's Note: Added this highlighted section. I felt it was important to
make sure we are utilizing this with restrictions especially with budget restraints like they are)
1. Must be employed for one consecutive year.
2. Most recent performance evaluation must be rated at a 2 or above.
3. Must not have not received any disciplinary action within prior year.
4. If employee receives disciplinary action or a performance evaluation below average
(rating below a 2) during the course of study all reimbursement rights or paid time off
under this program will be forfeited.
5. Must not have exceeded more than 40 hours of sick time absences (excluding death in
family and qualifying FMLA absences) within prior year.
6. Eligibility will be re-evaluated for each course of study.
7. Upon successful completion of each course of study, employee must remain employed
with the county for a period equal to one time the educational course received or the
employee shall reimburse the countyfor all compensation or
reimbursement received during the course of leave. In the event disciplinary action up to
and including termination are warranted, this agreement does not serve as a binding
contract between the employee and the County. Should a termination be necessary,
employee is obligated to reimburse the countyfor the courses of study or for paid time off
for educational purposes.
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D. Benefits while on Educational Leave with Pay
An employee on approved educational leave with.full pay shall continue to earn sick leave, annual
leave, and any other henefits to which county employees are entitled to. An employee on
educational leave with partial pay, shall earn proportional leave credits.
E. County Required Educational Leave/Training:
Educational leave/training required for each county department or as required by the county shall
be granted in accordance with Fair Labor Standards Act 29 CFR Part 553 and 785 regulations
which covers employer required training. (Sandra's Note: Added this section to cover any in-house
required training that we may have)
Section 14. Worker's Compensation Leave
An employee absent f om duty because of sickness or disability covered by the North Carolina Worker's
Compensation Act may receive Workers Compensation benefits and elect to use accumulated
compensatory time, sick; or vacation leave respectively as a supplemental payment for the seven day
waiting period under the Worker's Compensation Act if a physician has certified that the employee is
unable to perform any duties. (Sandra's Note: Added this so that compensatory, time would be used.first)
The County will offer light duty work to employees who have been medically approved for such work as
outlined in the Return-to-Work section below. Absence due to an on-the-job injury runs concurrent with
the employee's FMLA leave entitlement.
Upon reinstatement, an ernployee's salary will be computed on the basis of the last salary, earned plus ally-
increment
nyincrement or other salary increase to which the employee would have been entitled during the disability
covered by Worker's Compensation.
Temporary full-time and part-time 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 Act.
Section 15. Return-to-Work Program
(Sandra's Note:Added the highlighted sections that were previously approved in the commissioner's
meeting per Susan Bhnuenstein)
The purpose of this program is to return injured employees to a job suitable to their work restrictions as
soon as medically feasible. Early return -to -work and light duty, programs promote a quicker recovery,
improve morale, allow injured employees to earn their normal wages, and help departments maintain
their productivity. Iredell County Department Heads and Elected
Officials are expected to consider light-duty assignments within their departments in full consideration of
any work restriction placed on an injured employee.
A. Any, employee with a work-related injury resulting in limitations of light duty will be eligible for
this program.
B. The attending physician will provide clear, written restrictions and approve light duty work
assigned to the employee based on those restrictions.
C. To the extent possible, employees participating in this program will be returned to their normal
department. When limitations prevent light duty work in the normal department or work within
the limitations is not available, the workers compensation administrator will locate an
assignment in a different department that is compatible with restrictions.
D. Employees in this program will be assigned a temporary supervisor if moved to a different work
unit or department. The employee will be subject to the same work rules and regulations as any
other employee, and will be required to perform work within the limitations established by the
treating physician.
E. Employees participating in this program will receive their regular hourly rate for each hour
worked, and the cost will be charged to the employee's normal work department. If the County
Manager determines it is in the best interest of the County employees may be charged to the
Workers Compensation Internal Service Fund (Note. Change approved 813/2010 by county
commissioners. This was approved because the light-duty .salaries for EMS were eroding the
budget, yet the department had increased salaries due to temporary./all-time and part time
personnel needed to cover the shifts)
F. The light duty assignment will be temporary and may be discontinued when:
the treating physician returns the employee to,fill duty,
the physician prohibits the employee from participating in a light duty, assignment,
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the physician indicates the employee has reached maximum medical improvement and will
not be able to return to regular position, or
4. there is no longer an appropriate task within the County, that would accommodate the
employee's capabilities, or
5. an employee has been on Light duty for a period of six months. All light duty cases will
receive a thorough re-evaluation at this point to determine if such duty is to be continued
and/or if reclassification and/or reassignment to another position is warranted.
Section 16. Administrative Leave
Administrative leave with pay may be granted by the county manager when circumstances are such that
the manager deems it to be in the best interest of the county and the employee for work to be temporarily
halted. All such use of administrative leave will be reported to the Board of Commissioners at its next
regularly scheduled meeting.
Corrections/Revisions made by the Board on Article VI. Holidays and Leave
Correction in Section 4 Adverse Weather Conditions (first paragraph): Mr. Mashburn
mentioned that new revisions had not been indicated on the draft for Section 4. He said the
section should have been highlighted in grey, as follows, to show the new language.
Unless compensatory, vacation, or sick leave was scheduled prior to an authorized closing,
employees who do not report for work subsequent to a day authorized as closed by the County
Manager will not receive administrative leave for the day offices were closed. If a non-exempt
employee does not have earned compensatory time or earned vacation leave, the hours missed
will be leave without pay.
Change to Item J in Section 5. Annual Leave: Commissioner Robertson suggested that in the
section regarding approval for employees to be given service credit, this should occur with
approval of the county manage. The first sentence would then read: "A new employee coming
directly from a NC state, city or county governmental agency may, with approval of the county
manager, receive credit for years of service at that agency for purposes of determining the
vacation accrual rate."
Change to Item C in Section 6. Sick Leave: The last sentence should read as follows: Failure
to call in within 1 day is considered a voluntary resignation. (Mr. Mashburn said there was
already a requirement for employees to notify their immediate supervisor of all requests for sick
leave before the leave was taken, or not later than fifteen (15) minutes after the beginning of a
scheduled work day. He said that if they didn't call within 15 minutes of the second day, the
action would be interpreted as a resignation. A footnote will be added about shifts.)
Change to Item 4 under Section 6. Sick Leave & Section 10 Bereavement Leave: There was
consensus by the board to remove this section, or this new benefit, from the ordinance. (Mr.
Mashburn said sick leave could be used at the present time for bereavement, and if further
discussion was needed on this type of benefit, it could be discussed at a later time.)
MOTION by Commissioner Norman to approve Article VI - Holidays and Leave with
the three changes.
VOTING: Ayes — 5; Nays — 0.
IREDELL COUNTY SHARED LEAVE POLICY
PROPOSED EFFECTIVE DATE 711111
This policy provides an opportunity for employees to assist other employees affected by a qualifying
FMLA serious medical condition that requires their absence from work for a prolonged period of time
(for a minimum of 160 hours) resulting in possible loss of income due to lack of accumulated paid leave.
(Sandra's Note: Policy format has been revised to make it more user-friendly)
Receiver Eligibility Requirements:
The following criteria must be met in order to be eligible to apply for shared leave:
L Employee is unable to work due to their personal accident, chronic illness or major medical
condition on themselves or an immediate family member who has a serious health condition. The
medical condition of employee or immediate family member must meet the criteria of FMLA. For
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purposes ofshared leave, immediate family is deemed to include. spouse, guardian, children,
parent with extension of other family members based upon justification of the employee's
responsibility to care.for the family member and approval of the Board of Commissioners.
2. Must have been employed for at least a minimum of twelve consecutive months.
3. All compensatory, sick, and annual leave respectively must be exhausted
(Sandra's Note: This has always been the requirement, but was not written into the policy)
4. Must not have received any disciplinary action within the prior rolling calendar year.
(Sandra's Note: if employees are generous enough to donate their time, we should ensure that
they are giving to a reliable employee)
5. Must not have been granted shared leave within the past rolling calendar year (only one shared
leave may be granted per rolling calendar year).
6. Anticipated absence must be for at least 160 hours.
Requesting Leave Hours:
L An employee who wishes to request leave through the Shared Leave program must complete
an "Application to Receive Voluntary Shared Leave ",form and submit it to his/her supervisor
for approval. The department's determination as to whether or not an application is
forwarded is based in part on the employee's past compliance with leave policies.
2. Once approved by the Supervisor and Department Head, the Department Head must forward
the form along with medical certification to Human Resources. Human Resources will
ensure that all eligibility requirements have been met. The County Manager, or designee will
review the application for consideration and human resources will noto,, the employee of the
final decision.
3. The anticipated shared leave time must be,for at least 160 consecutive work hours, but no
more 480 hours (12 weeks) from the date last worked and must be accompanied with medical
certification. Shared leave may not be used to extend an employee's time in leave status
beyond six months from the date last worked.
4. The following conditions are NOT eligible for shared leave:
a. Short term, sporadic conditions or illness
b. Short term, sporadic absences due to contagious disease
c. Absences resulting from Workers Compensation claims
5. Shared leave requested as a result of pregnancy and childbirth will be restricted to the period
ofactual physical disability as certified by a physician. The additional "bonding time
allowed under FMLA is not eligible for shared leave coverage.
Return To Work:
1. An employee should notify the supervisor immediately in writing il'he/she will not be returning
from leave as planned. (Sandra's Note: Removed the requirement that the employee is expected
to report to their supervisor regarding their intentions to return to work due to the fact that if the
employee is utilizing shared leave in conjunction with FMLA, we must. follow the FMLA
regulations regarding requiring an employee to provide medical certifications or information in
reference to their return to work)
2. During the period of leave, an employee who is out on approved shared leave is expected to
report to their supervisor every pay period to ensure proper completion of timesheets.
3. Failure to report back to work at the end of the scheduled leave may be considered a voluntary
resignation. 1f deemed necessary, the Department Head, County Manager or designee, may
revoke continuation of any previously approved shared leave.
4. A Medical Leave — Return to Work Form must be submitted to the supervisor when the employee
returns to work to certify the employee is able to return to work and perform the essential
functions a/ the position.
5. If a shared leave recipient leaves employment, shared leave ends as of the separation date.
Donor Eligibility Requirements:
The following criteria must be met in order to donate to the shared leave pool:
An employee may elect to donate unused accumulated annual or sick leave hours to a specific employee
who has a need or to a `leave bank" that may be shared with other employees. Donors must have been
employed with the County a minimum of twelve consecutive months.
Donating Leave Hours:
(Sandra's Note: Removed the statement, "in the event an employee donates sick leave to an
immediate family member employed by the County, the hours donated will count against the 80 homy
an employee is allowed to use to care for a family member under the County's sick leave policy. "
Removed this because we are proposing to lift that restriction under the sick policy, if an employee is
absent due to FMLA reasons)
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I . An eligible employee may voluntarily elect to donate a minimum offour hours of annual
leave. Leave must be donated in.four-hour increments tip to the maximum donation of760
hours. The annual leave balance of the donor cannot be reduced below 40 hours.
2. An eligible employee may, elect to donate up to 80 hours of sick leave, but the donation may
not reduce the donor's sick leave balance below 160 hours.
3. An employee who wishes to donate must submit a completed "Shared Leave Donation ",form
to Human Resources. If the donation is not for a specific employee, the donor should
indicate Shared Leave Bank on the fovm.
4. The donating employee's leave balance will be reduced immediately by the amount donated,
and the new balance will be refected on the employee's leave balance for the next available
pay date.
5. Once leave is donated, it may not be returned to the donating employee. Unused shared
leave specified to a particular employee will be transferred to the bank
6. All donations specified for a particular employee must be received by Human Resources
within 30 days of the approval date of the recipient's Shared Leave Request Form.
7. Employees who resign from the County are eligible to donate sick or annual leave to the
shared leave pool; however, if donated to the shared leave pool, employee forfeits all rights
for sick time to be transferred to another agency and/or receive credit for sick time if
returning to Iredell County. In the circumstances when a resignation is due to retirement,
sick accruals will not be transferrable. Employees who resign or retire from the County are
eligible to transfer annual leave up to a maximum of 240 hours to the shared leave pool by
requesting so in writing to human resources.
Administering Shared Leave:
The Human Resources Department will establish a system of leave accountability, that will accurately
record leave donations and recipients' use. This will include maintaining a list of employees donating
leave and the dollar value of the leave as determined by multiplying the number gfdonated hours by the
employee's current hourly, rate. The donor will receive written notification of the amount of leave
deducted from their accrual balances. The recipient, their Department Head, and Finance Department
will receive written notification of the amount of shared leave granted.
(Sandra's Note: Removed the statement, "shared leave time used will count toward the total unpaid
leave available under the County's Maximum Leave without Pay Policy" because the LWOP policy
states that all time must be maxed out before LWOP can be granted. In addition, this supports the
criteria in the LWOP policy).
1. The approved amount of shared leave will be credited to the recipient's sick leave balance
after all sources of the recipient's own paid leave have been completely exhausted.
2. During the period an employee is using shared leave, the employee continues to be in a leave
earning capacity, and continues to accrue vacation and sick leave and paid holidays during
the period. This leave must be exhausted as it is earned.
3. Employees' group health insurance and voluntary, insurances continues while in pay status.
Annual leave and sick leave accruals will continue to accrue while in pay status. (Sandra's
Note: This has been the unwritten policy)
4. Leave transferred under this program is available for use on a current basis, or may be
retroactive for up to 30 calendar days from the date the recipient's requestfor shared leave
is approved by the County Manager.
5. Donated leave cannot replace leave already used by the employee. However, shared leave
can replace any sick leave that had been advanced to the employee.
6. Each department is responsihle for the accuracy of donor and recipient leave records and
employee time sheets. Departments are also responsible for initiating a Personnel Action
Form when a shared leave recipient begins and exhausts all leave.
7. Donated leave is taxable to the recipient. The dollar amount of any donated leave will be
included on the recipient's W-2 as income.
S. Each year during open enrollment, a notification will be distributed to all employees
requesting donation of time for the shared leave bank The Human Resource Department may
circulate a blanket request throughout the year for donations if not enough leave is available
to meet shared leave requests. (Sandra's Note: By, adding this one time a year donation, it
will increase the amount of time in the pool and will reduce the individual requests to donate
time. This reduces popularity contests as well as helps to reduce the exposure of medical
issues to fellow employees)
9. No one may, directly, or indirectly make any attempt to intimidate, threaten, or coerce any
other employee for the purpose of soliciting leave. Such action will be considered a personal
conduct issue and subject the employee to disciplinary action, up to and including dismissal.
10. In the event the receiving employee does not utilize all of the donated hours received from the
shared leave hank, the balance will be returned to the bank.
11. Leave that is specified for a particular employee needing assistance but not utilized will be
transferred to the Shared Leave Bank.
23
12. Available banked leave hours will be determined by the requesting employee's hourly rate of
pay and rounded down to the nearest hour.
13. Hours donated to an individual employee will be recorded in the employee's shared leave
account. The leave hours will be determined by the donor's hourly, rate of pay and rounded
down to the nearest hour. Hours used will be deducted at the hourly rate of the recipient.
14. At any time there are discrepancies as set forth in the Shared Leave Policy for qualifying
FMLA absences, FMLA guidelines shall supersede and all criteria of FMLA must be adhered
to.
MOTION by Commissioner Griffith to approve the shared leave policy as presented.
VOTING: Ayes --- 5; Nays -- 0.
FY 2011 Update and FY 2012 Projections
Finance Director Susan Blumenstein presented spreadsheets on (1) the total FY 12
Estimated Valuation (2) Expenditure Comparison from FY 2001 through FY 2011 (3) General
Fund Revenues (4) General Fund Expenditures and (5) the Revenue Neutral Tax Rate.
Blumenstein reviewed a graph that showed how the current 44.5 cent tax rate was being used.
She said 50.61% went to education with 10.50¢ being designated for school capital and 12.02¢
for other costs such as current expense. Blumenstein said county salariesibenefits were 13.20¢
or 29.66% of the tax rate, and operating costs (utilities, supplies, contracted services) were 7.39¢
or 16.61%. She said special programs (economic incentives and special appropriations) used up
1.14¢ or 2.56%, and the last percentage or cost was for general debt service at .25¢ or .56%.
Commissioner Griffith asked (1) the county's population (2) how many employees
worked for the county and (3) how much a penny generated in taxes.
Blumenstein said a penny produced $1,999,724 (current tax rate), and there were 917
employees which included solid waste and transportation.
County Manager Mashburn said the population was around 159,000.
Blumenstein said based on the latest data, there would be an FY 12 estimated valuation of
$20,261,230,690. She shared the following chart to illustrate the valuation.
Next, Ms. Blumenstein discussed a spreadsheet prepared in the tax department that was
developed by using state laws and a Local Government Finance Bulletin. She said the
24
spreadsheet showed the percentage of growth during the past four years, or since the last
revaluation. Blumenstein said a revenue neutral tax rate of 46.64 (0.004663799) was found after
applying the average growth from 2007 to 2010. She said the statutes stipulated the revenue
neutral rate was supposed to include the average county increase seen annually from revaluation
(2007) to revaluation (2011). She said that in order to receive the same amount of tax money on
the new valuation, the rate would have to be 45.43, instead of 44.50 (current tax rate), but the
law allowed for this to be increased by the average growth of value (2.66%).
Blumenstein estimated for FY 2010-11 that $894,765 more in property taxes would be
collected over what was budgeted. She said in sales taxes, it was estimated that $1,713,035 more
would be collected over the budgeted amount; however, other taxes/licenses, investment
earnings, miscellaneous revenue would be under budget. Additionally, she said several county
departments (Register of Deeds, Courts Facilities Fees, Sheriff's Office, Animal Control,
Inspections/Code Enforcement, Planning/Development/Soil Erosion, Health, Social Services,
Library — Grants/Fees and Recreation) were estimated to be under budget in revenues.
Blumenstein said the county would not have to use the fund balance ($2,217,435) appropriated to
balance the FY 11 budget, and the $829,765 (additional collected taxes) would be added. She
predicted FY departmental expenditures to be around $151,050,815; however, she said there
would be some estimated increases, plus some decreases, such as the following:
Blumenstein said the department expenditures included the replacement of vehicles and
the purchase of technology.
Commissioner Griffith asked about health care at the jail.
Blumenstein said contracted nurses provided medical care at the jail. She said only
inmates with "acute care needs" received hospital services. In regards to jail dental care, she said
the only services provided were teeth extractions.
County Manager Mashburn said inmate health care was being reviewed by the North
Carolina Association of Counties, and the cost for these services was a statewide problem.
Continuing with her discussion about the overall FY 12 budget, Blumenstein said
$5,326,035 was the anticipated amount of increased expenditures, but this amount didn't include
the schools or college. She said based on current expected revenues, and using a county tax rate
of 46.64, along with the $2 million in fund balance not used in FY 11, the estimated FY 12
expenditures could be met.
Assuming the state might place additional financial costs onto the county for schools,
Commissioner Robertson requested that Blumenstein ask the school finance officers the real
number (monetary amount) in expenditures that had shifted (from the state to the county). He
said the information could be obtained after the state approved its budget. Additionally, he asked
Is
the county manager to check on the positions that had been added due to grants (primarily in the
health department and sheriffs office). Robertson said these grants were approved with the
understanding that once the grant funds ceased, the positions would be eliminated. He said the
review should extend back for three years.
County Manager Mashburn said that in reference to the sheriffs department, the crime
lab was not producing revenue. Mashburn said seized funds would be used to pay for the crime
lab during FY 11-12.
Blumenstein said the lab cost $300,000 a year, and as of January 2011, only $8,415 had
been received in revenue.
Mashburn asked the board whether or not the staff should prepare a budget that included
the proposed state increases. He concluded from the remarks that the staff should prepare a
budget with the known expenditures and revenues. Mashburn said, if necessary, addendums
could be included that detailed the proposed state increases.
Commissioner Robertson mentioned concerns about the college's new added square
footage and the operating costs, along with the deferred maintenance expenses for the Iredell-
Statesville School System.
ADJOURNMENT: At. 5 P.M., Chairman Johnson recessed the meeting to Saturday,
March 5, 2011 at 8 A.M., at the Agricultural Resource Center, Statesville, NC.
IREDELL COUNTY BOARD OF COMMISSIONERS
WINTER PLANNING SESSION MINUTES
Saturday, March 5, 2011
The Iredell County Board of Commissioners met for a Winter Planning Session on
Saturday, March 5, 2011, at the Agricultural Resource Center, 444 Bristol Drive, Statesville, NC.
Board Members Present
Chairman Stephen D. Johnson
Vice Chairman Marvin Norman
Renee Griffith
Frank Mitchell
Ken Robertson
Staff present: County Manager Joel Mashburn, Deputy County Manager Tracy Jackson,
Finance Director Susan Blumenstein, Cooperative Extension Director Ken Vaughn, Assistant
County Manager Ron Smith, and Clerk to the Board Jean Moore.
Others in attendance: Jim Munoz -McNally with the Statesville Record and Landmark.
CALL TO ORDER by Chairman Johnson.
Rescue Squad Association Presentation
All four rescue squad agencies were represented at the meeting, and Jeff Harvey
presented a PowerPoint presentation. Some of the presented information is as follows:
Rescue Services Offered:
Vehicle and industrial accident extrication, back up ambulance service with 4 x 4, trench rescue,
confined space rescue, land and water searches, medical standby at major events, blood and
tissue relays, mutual aid response, and high level rescues.
Personnel:
Iredell County: 40 Members (30 EMTs)
Mooresville: 39 Members (24 EMTs)
North Iredell: 33 Members (26 EMTs)
26
Troutman: 51 Members (27 EMTs)
County Funding:
Funding is derived from a formula (County -wide VFD budgets are averaged, then multiplied by
four, then divided with 50% based on call volume, and 50% on district size).
Rescue Squad Concerns:
County growth, response time, staffing, equipment replacement/maintenance, strategic locations,
volunteer staffing/safety and personal equipment.
Rescue Service Needs
-Establish consistency in funding that allows growth
-Increase paid staff to offset increase in call response and demands for service
-To have a defined expectation from the county on rescue services
-Substations on the west and east sides of the county (Land has been located in the eastern sector
but not in the western area.)
Harvey offered the following proposals for the needs:
Proposal #1— a one -cent tax devoted to rescue squad needs
Proposal #2 — Iredell County Rescue Squad Specific:
•$100,000 net to existing operating budget
-Add back one position cut in 2010
-Add one staff to help cover increased call volume
-Re-establish funding to capital outlay fund
-County to absorb annual debt service for minimum of 5 years, re -allocating approximately
65,000 back to the operating budget (Current debt due to refinancing is $381,109.)
Commissioner Robertson said there should be answers to where fire services ended and
when rescue squads were called.
Commissioner Griffith asked how many times the squads were placed on standby.
Brian Niblock, the Iredell County Rescue Squad Chief, said five times last week.
Deputy County Manager Tracy Jackson said the county's equipment on determining the
back up statistics needed to be updated.
Commissioner Mitchell asked how the additional funding would be divided up, if
approved.
Harvey said the current formula would be used.
Commissioner Griffith asked if the squads primarily wanted to provide rescue services.
Donnie Perry, an Iredell County Rescue Squad member, said they wanted to focus on
rescue.
Chairman Johnson said roles would have to be assigned, and then funding would have to
be appropriated to the agency providing the service. Johnson mentioned that he and
Commissioner Robertson currently served on the Fire Department Planning Committee. He
sueuested that the two of them conclude their duties on this committee and provide a
report to the board. Johnson said that once this had occurred, that certain members of the
board (Chairman Johnson, Commissioner Robertson and Commissioner Mitchell) could
determine the expectations of the rescue squads. He said this could be discussed with the
squads, and later a full report could be provided to the board of commissioners. (It was
noted that while the three commissioners determined the expectations, the rescue squads
could define their roles in emereeney services.)
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Fire Services
Volunteer Fire Chiefs Jay Stewart (Trinity) and Tim Warren (Wayside) presented a
PowerPoint presentation on fire services. They estimated that insurance premiums for county
residents had been reduced by 24% due to recent fire department inspections and better ratings.
Stewart said that if the Lake Norman VFD left the county wide service district, the
"wheel would have to be reinvented" in terms of a funding mechanism for the fire departments.
Warren said Lake Norman, alone, provided 48.61% of the county wide district tax
revenue.
Stewart mentioned that it was difficult for some departments to find volunteers.
Emergency Services - County Departments
Deputy County Manager Tracy Jackson and Emergency Medical Services Director David
Cloer discussed the emergency services departments. Jackson said there were five departments
included in this category, and they were Animal Services, Fire Marshal, Emergency
Management, Emergency Communications/Operations, and EMS. He said the needs for the all
of them were currently being met, with the exception of Communications/Operations and EMS.
In regards to Communications, Jackson said technology was constantly changing and this
presented new challenges, for example, text messages for 911 services. He said there was room
for one more dispatcher at Communications, but after this, space wouldn't be available for new
personnel. Jackson said a new facility for this department would be needed in the next five
years, and he asked the board about using a consultant to evaluate the needs.
Commissioner Griffith asked the cost?
Jackson said $50,000 and 911 funds could be used. He said this could be included in the
FY 11-12 budget.
Commissioners Johnson and Robertson mentioned concerns about getting a study so
early, especially with technology changes.
Jackson said the consultant would provide a needs assessment (review the different
requirements of the FCC, the state, and fire departments, as well as supply options for system
solutions, technology and radios).
Chairman Johnson asked if the $50,000 could be designated or set aside for the work.
County Manager Mashburn said the $50,000 could be set aside in 911 funds.
Commissioner Robertson added that if it appeared the state might change the rules
regarding the usage of 911 funds, for example, the money could no longer be used for
consultants, then the county could accelerate the plans for the study.
Airport Drills: Chairman Johnson requested Jackson to find out when airport drills were
required by the FAA.
EMS: Jackson said no data was available on EMS standbys, but the numbers would be
determined and shared with the board. He said EMS was proposing to add three additional
paramedics and to place them in one backup ambulance for coverage in the Troutman or Perth
Road area.
Commissioner Griffith asked about the condition of the EMS facility in Statesville.
Cloer said the quarters were cramped.
Mashburn said that if the department went to 12 -hour shifts, sleeping quarters would not
be necessary, and the costs would be lower.
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Cloer added that 12- hour shifts, system wide, would require eight more employees.
The following five-year plan was then discussed for EMS:
Cloer said, unfortunately, EMS and hospital emergency rooms were becoming the
primary sources of healthcare for many people without insurance.
Commissioner Mitchell asked if anyone was ever denied EMS care.
Cloer said rarely, due to the liability.
Fairgrounds — Proposal for a Multipurpose Building Jackson said prior to 1941, the
current fairgrounds property housed a state prison camp, and the Statesville Kiwanis started
sponsoring the fair in the mid -1940s. Jackson presented a proposal for a 20,000 sq. ft. building
to contain a convention floor area, restrooms, kitchen, concessions, and a storage area. He said a
mezzanine area of 1,250 sq. ft. would serve as an office. Jackson said local fundraising could be
used to help pay for the structure and grant sources could be researched, for example, USDA
Rural Development, and the Golden Leaf Foundation. Jackson said once completed, rental
income from activities such as: tool, RV, boat, auto and gun shows, auctions, concerts, and so
forth, could be used for maintenance costs.
Statesville Kiwanis Club Member James Johnson said a 5010-3 organization could be set
up for the fundraising.
Commissioner Robertson asked if the design work considered acoustics.
Jim Head, Chairman of the Statesville Kiwanis Club, said he didn't recall this being
included.
Robertson suggested for the design company to consider the acoustics.
Chairman Johnson mentioned concerns about the fair remaining at the site in its present
condition. He said long-term, the parking situation would have to be reviewed.
Head said the fair, in the past 10 years, had doubled in attendance, and currently received
a top exhibit rating from the state. He mentioned, however, it received low ratings on the quality
of facilities.
Commissioner Griffith asked the new building's cost.
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Head said $1.5 million.
Ken Vaughn, Cooperative Extension Service Director, said that out of the fairground's
27 acres, only about one-half were usable, as the remaining portion was swampland.
MOTION by Commissioner Mitchell to place the fairground's multi-purpose building in
the county's capital improvement plan.
VOTING: Ayes — 5; Nays — 0.
Capital Projects Update
Inspections & Code Enforcement Director Lynn Niblock provided updates on the current capital
projects. He mentioned in reference to future space needs of EMS that costs could be lower if sleeping
quarters were eliminated due to the facility not requiring a sprinkler system. He said future capital needs
were as follows:
Additional space for elections
Re -design the current Animal Control Facility for use by Facility Services for storage
Parking at the Statesville and Mooresville Government Centers as well as the Hall of Justice
Expanded areas for the Jail, Courts & ECOM
Renovation of the current EMS Statesville Station
North Iredell Park
Niblock said the new Animal Services Building would soon be completed, and for FY 11-12,
there probably wouldn't be any major capital projects occurring.
Commissioner Griffith asked when the barn for animal services might be constructed.
Niblock said it would be in the FY 11-12 budget year.
Budget Goals, Priorities & Miscellaneous
Statesville ETJ request: Chairman Johnson said there might be an ETJ request from the
City of Statesville. He requested that Assistant County Manager Ron Smith notify him, if this
occurred.
FY 12 Budget: Finance Director Blumenstein said it was estimated that $821,423 would
be added to this year's fund balance, and the revenues for FY 12, using the revenue neutral tax
rate would be $153,142,105. She said it was being proposed to balance the FY 12 budget using
the $1,234,745 in unused fund balance along with the $2,000,000 (year three) fund balance
appropriation to balance the $156,376,850 budget. Blumenstein said this would leave an
undesignated, unreserved fund balance of $22,698,831.00, which as a percentage of the FY 12
budget was 14.52%. She said counties were required to have at least 8% or 1/12°i of the annual
budget in fund balance.
44.50.
Chairman Johnson asked how much revenue would be realized if the tax rate remained at
Blumenstein said $87,250,000.
Johnson asked the amount at 46.64.
Blumenstein said $91,442,150.
Commissioner Mitchell asked the amount at 47.
Blumenstein said $92,151,930.
Commissioner Griffith asked for a list of capital project debts, including the schools, and
the expected payoff dates.
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Blumenstein said she would provide the list. She mentioned that several contiguous
counties had the quarter -cent -sales tax. Blumenstein said this would have to be approved by the
voters, and the funds would not have to be shared with the municipalities.
Commissioner Griffith asked how much the quarter cent would produce.
Blumenstein said about $4.4 to $4.5 million. She said the ballot couldn't designate the
revenues for a specific purpose; however, the board could state its intentions.
Chairman Johnson said his understanding on the revaluation was that it amounted to the
"evaporation" of $2.4 million in bottom-line revenue.
Commissioner Robertson said the county would be collecting less next year.
Blumenstein said this was correct.
County Manager Mashburn said the staff would present a conservative FY 12 budget. He
said a goal or path needed to be determined for the county's needs.
Johnson said that as the Governor and legislature proceeded with their budget, the board
of commissioners could be updated, due to the state's budget deficit.
ADJOURNMENT: There being no further business to conduct, Chairman Johnson
adjourned the meeting at 1:00 P.M., and the board left for a tour of the new Animal Services
Building.
Approval:
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Clerk to the Board