[HISTORY: Adopted by the Levy Court of Kent
County 12-22-1998 by Ord. No. 98-22. Amendments noted where applicable.]
A.
This chapter shall amend and supersede that certain
ordinance adopted in two sections on July 15 and December 9, 1975,
entitled an "An Ordinance to Establish a Personnel System in Kent
County Government," as amended. This chapter is adopted pursuant to
and in compliance with 9 Del. C. § 4110. It shall be known
as the "Kent County Personnel Ordinance of 1998."
B.
It is hereby declared the personnel policy of Kent
County that:
(1)
Employment in the County government shall be based
on merit and fitness, free of personal and political considerations.
(2)
Just and equitable incentives and conditions of employment
shall be established and maintained to promote efficiency and economy
in the operation of the County government.
(3)
Positions having similar duties and responsibilities
shall be classified and compensated on a uniform basis.
(4)
Appointments, promotions and other action requiring
the application of the merit principle shall be based on systematic
tests and evaluations.
(5)
Tenure of employees covered by this chapter shall
be subject to the satisfactory performance of work, necessity for
the performance of work, the availability of funds and compliance
with this chapter and all other applicable policies and regulations
approved by Kent County Levy Court.
A.
Employment in the Kent County government shall be
divided into four services: excluded, elected, unclassified and classified.
B.
Employees in the excluded service shall not be subject
to the provisions of this chapter, except that the County government
shall keep appropriate personnel records on the persons in this service,
and they shall be ineligible for any employee benefits. The excluded
service shall include the following:
[Amended 2-22-2022 by Ord. No. 22-03]
(1)
Temporary, contracted, intermittent or seasonal employees.
(2)
Members of appointed boards, commissions and advisory
committees.
(3)
Employees hired by the County government to perform
services on a fee or fixed cost basis, including County Attorney(s)
and other contracted professionals or consultants.
(4)
Employees serving under the provisions of federal
employment programs.
C.
Employees in the elected service shall not be subject
to the provisions of this chapter, except as prescribed by this chapter
in a management role, but shall be eligible for specific employee
benefits as determined by Levy Court. The elected service shall include
all elected officials and their appointed deputies and/or chief deputies
provided for in Delaware law.
D.
Employees in the unclassified service shall be appointed
by Levy Court, and therefore exempt from provisions of this chapter
requiring competitive examinations or other appointment/selection
requirements. Notwithstanding the foregoing, employees in the unclassified
service shall be subject to all provisions of this chapter and other
policies and regulations approved by Levy Court; their positions shall
be in accordance with the approved classification plan; their remuneration
shall be administered by the Director of Personnel, who shall use
the most current pay plan officially approved by Levy Court as the
basis for wage and salary decisions. Employees in the unclassified
service shall also be eligible for such employee benefits as are in
effect during the time of their employment.
[Amended 6-27-2000 by Ord. No. 00-16; 2-22-2022 by Ord. No. 22-03]
(1)
The unclassified service shall include the County
Administrator and Director of Finance.
(2)
Employees in the unclassified service shall by the
nature of their positions be exempt administrative, executive or professional
employees as defined under the Federal Fair Labor Standards Act receiving
a fixed salary and shall not be required to account for partial day
absences.
E.
Employees in the classified service are subject to all provisions of this chapter; their positions shall be in accordance with the approved classification plan; their remuneration shall be administered by the Director of Personnel, who shall use the most current pay plan officially approved by Levy Court as the basis for wage and salary decisions; and they shall be governed by all policies and regulations approved by Levy Court. The classified service shall include all County employees not included under Subsections B, C and D(1) above.
The following words used in this chapter are
defined as follows:
The Personnel Administration Board.
Paid time off earned by nonexempt employees at their time-and-a-half
rate in lieu of actual cash payment to be used at the request of the
employee, provided that the workplace will not suffer an undue hardship.
Includes those County officers, elected or appointed, who
have been designated by the Levy Court or by Delaware law as having
primary responsibility for the operation of a County office.
Those employees exempt from overtime pay as provided in the
Federal Fair Labor Standards Act.
The Federal Fair Labor Standards Act.
Brother, sister, stepbrother, stepsister, half brother, half
sister, grandparent, step-grandparent, grandchild, step-grandchild,
parent-in-law, brother-in-law and sister-in-law. The relationship
of in-law ceases at such time as an employee divorces his or her spouse
or at such time as the spouse of an employee should die.
Temporary employee hired on an occasional basis to provide
services for a specific reason or event.
For FMLA purposes the exempt FMLA-eligible employee who is
among the highest paid 10% of all employees employed by the County.
Aunt, uncle, first cousin, niece, nephew, grandparent-in-law,
great-grandparent, great-grandparent-in-law or other such person.
Those employees that may earn overtime as provided in the
Federal Fair Labor Standards Act.
Advertising position vacancies to the general public.
Consist of skills, knowledge, education and experience criteria
as defined for each position's description and/or as requested on
an employment application.
Employee satisfactorily completing a six-month or more probationary
period and therefore entitled to the right to appeal disciplinary
actions to the Personnel Administration Board. Permanent employees
are not entitled to lifetime employment and are subject to termination
as provided in this chapter.
Employee satisfactorily completing a six-month or more probationary
period and therefore entitled to the right to appeal disciplinary
actions to the Personnel Administration Board, but regularly working
less than full-time within their respective department. Permanent
part-time employees are not entitled to lifetime employment and are
subject to termination as provided in this chapter.
Employee at initial employment serving a six-month or more
introductory period and therefore not entitled to the right to appeal
disciplinary actions or termination to the Personnel Administration
Board.
Father, mother, son, daughter, brother, sister, husband,
wife, grandparent, father-in-law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter,
stepbrother, stepsister, half-brother, half-sister or grandchild.
Temporary employee hired for a limited term to perform specific
duties usually during the summer months.
An incapacity or treatment, including prenatal care, that
involves inpatient care or continuing treatment by a health care provider.
An examination administered by the Personnel Director and
created in consultation with the employing department or office that
fairly evaluates the abilities of an applicant or applicants for a
particular position.
Employee hired by a department head or the Personnel Director
for a limited term to perform certain duties at a specified rate of
pay and without benefits of any kind. Temporary employees may be hired
without examination or competitive recruitment or provided by an employment
agency, and may be terminated without notice.
Monday through Friday and excludes Saturday, Sunday and holidays
recognized by Levy Court.
A.
The personnel system established by this chapter shall
be administered by the Director of Personnel (Personnel Director).
The Personnel Director shall take such actions as may be necessary
to ensure that all appointments, promotions, demotions and reductions
in force concerning employees in the classified service are made solely
on the basis of merit principles and in accordance with the provisions
of this chapter.
B.
The Personnel Director shall perform any additional
duties which may be required and/or are authorized by this chapter
or the Levy Court.
(1)
The Personnel Director shall work closely with the
department heads in carrying out his/her duties.
(2)
The Personnel Director shall:
(a)
Administer and interpret the provisions of this chapter.
(b)
Maintain appropriate employee and other records as
provided for herein.
(c)
Recommend revisions and amendments to this chapter
and to personnel-related policies and regulations approved by Levy
Court.
(d)
Counsel and advise employees and Levy Court on personnel-related
issues.
(e)
Maintain, update and review the position classification
and pay plan provided for herein.
(f)
Prepare, administer and recommend employee benefits
to the Levy Court.
(g)
Prepare and distribute to every employee of the County
general information pertaining to position title, policies, evaluations,
discipline, terminations and other personnel-related matters.
(h)
Resolve payroll and pay-related disputes in consultation
with the appropriate department head and the County Administrator.
(3)
Legitimate written complaints received from the public
involving classified employees shall be directed to both the employee's
department head and the Personnel Director. The Personnel Director
shall ensure that the complaint is properly investigated and appropriate
disciplinary action is taken by the department head as provided in
this chapter. Complaints received from the public involving unclassified
employees shall be directed to the County Administrator, who may direct
the Personnel Director to investigate and report his/her findings
to the Levy Court for its consideration.
(4)
The Personnel Director may exercise the authority
and responsibility of any department head, whenever the department
head is unable, unavailable or unwilling to perform the duties or
requirements of this chapter. The County Administrator or his designee
may exercise the authority and responsibility of the Personnel Director
in his/her absence.
C.
A Personnel Administration Board is hereby established
in accordance with the provisions of 9 Del. C. § 4151. The
Personnel Administration Board shall consist of seven members.
(1)
The members shall be appointed for a term of four
years to be served at the pleasure of a majority of the Levy Court.
The names of qualified appointees shall be submitted by Levy Court
Commissioners for their individual districts for consideration and
confirmation by a simple majority of the Levy Court.
(2)
The term of all confirmed members shall expire with
the term of the Levy Court Commissioner in whose district the appointee
resides; provided, however, that in the event that no new appointment
is made after expiration of the term, then the member shall continue
to serve until reappointed or replaced.
(3)
During the term of the appointment, a member must
maintain primary residency within the Levy Court district from which
appointed.
(4)
Persons appointed to the Board shall be individuals
with knowledge of and experience in dealing with personnel problems
and issues.
(5)
At the time of appointment and for the duration of
the term, members shall be neither County employees nor candidates
for, candidates-elect for or incumbents of an elective federal, state
or County office.
(6)
Vacancies shall be filled in the same manner as in
the case of regular appointments.
(7)
The Levy Court shall establish a rate and the conditions
under which members shall be compensated in the Board's bylaws.
(8)
One of the members of the Personnel Administration
Board shall be elected Chairman and one member shall be elected Vice
Chairman by the members of the Board. Meetings and other proceedings
shall be in accordance with rules adopted by the Board, which shall
be consistent with the provisions of this chapter. A simple majority
of the constituted Board shall be required in order to conduct any
hearing or carry any motion. Four members shall constitute a quorum.
A.
The Personnel Director shall cause an analysis to
be made, as directed by Levy Court from time to time, of the duties
and responsibilities of all positions in the classified and unclassified
service, and he/she shall recommend a job classification plan with
pay ranges and pay rates for each grade that reflect fairly the compensation
for comparable positions in other places of public and private employment.
Each position shall be assigned to a job class or pay grade on the
basis of the kind and level of its duties and responsibilities, and
the same pay scale. The classification plan and all revisions thereto
that involve the addition or deletion to classes shall be submitted
to the Levy Court for review. Revisions may consist of the addition,
abolishment, consolidation, division or amendment of existing classes.
B.
Within 60 days after receiving the classification
plan and pay study from the Personnel Director, Levy Court shall approve
a classification plan, and the Personnel Director shall thereafter
allocate each classified position to its appropriate class and pay
range.
C.
An employee may apply for reclassification of his/her
position by submitting a written request for reclassification to his/her
department head. The department head may forward the request for reclassification
with his/her recommendation as part of the annual budget development
process to the Personnel Director. The Personnel Director shall submit
the request and recommendation of the department head, together with
his/her recommendation to the County Administrator for consideration
in the formulation of a proposed budget to be presented to Levy Court.
A.
The Personnel Director, in consultation with the County
Administrator, shall annually prepare a pay plan establishing the
pay range for each grade and any employee pay adjustments approved
by Levy Court.
B.
The Personnel Director shall submit to Levy Court
an annual report of the suitability of the pay plan. Amendments either
through the adjustment of rates or by reassignment of job classes
to different pay ranges may be proposed at any time during the year.
All amendments shall apply uniformly to all positions within the same
class.
C.
Generally, a new employee shall be paid the minimum
rate for the class or grade. Exceptions to the starting salary may
be granted under certain circumstances by the Personnel Director upon
written request of the department head.
(1)
The minimum rate for each class is based on the assumption
that a new employee meets the minimum qualifications stated in the
class specifications. If it becomes necessary to appoint a new employee
of lesser qualifications, but who demonstrates the potential to become
a good and effective employee, the person may be hired as an intern
with a salary 5% below the minimum rate for the class.
(2)
If a new employee exceeds the minimum qualifications
stated in the class specifications, the person may be hired with a
higher salary of up to, but not to exceed 5% above the minimum rate
for the class.
(3)
The beginning salary for a new employee in excess
of 5% above the minimum rate for any class must be authorized by the
County Administrator.
(4)
All employees hired after January 1, 1997, shall be
compensated for completed work one pay period in arrears and said
payroll check shall be electronically transferred to the employee's
personal bank account or other acceptable account on a regular pay
day determined by Levy Court.
D.
Any temporary vacancy may be filled by an existing
employee. If an existing employee filling a temporary vacancy is presently
in the same or lower pay grade than that of the vacant position or
if he/she must perform the duties of a current and a temporary position,
his/her salary shall be increased to the minimum rate of the temporary
position, or up to but no more than 8% above the present salary, whichever
is higher, for the duration of the temporary vacancy and upon written
approval from the Personnel Director. An employee filling a temporary
vacancy shall be returned to his/her former position and former salary
when the temporary position is permanently filled or eliminated.
E.
Employees performing additional or extra duties on
a regular basis and for a specific purpose as approved by Levy Court
may be compensated up to an additional 10% above current salary. When
the additional or extra duties are no longer performed, the additional
compensation shall cease.
F.
Unclassified employees and those classified employees
designated as exempt under the Federal Fair Labor and Standards Act
shall not be entitled to additional compensation for hours worked
over 40 hours per work week and shall not be eligible for compensatory
time off.
G.
Those classified employees designated as nonexempt
or hourly shall be entitled to overtime compensation at the applicable
rates required under the Federal Fair Labor Standards Act payable
as compensatory time off. The Personnel Director may authorize payment
of accumulated compensatory time at his/her discretion and may suspend
accrual of compensatory time for specific or all employees in favor
of payment for hours worked overtime.
H.
Classified employees working at times other than normal
working hours on a regular or temporary basis shall receive additional
compensation in the form of an hourly shift differential at a rate
determined by Levy Court.
I.
Classified employees required to be available at times
other than normally scheduled working hours on a regular basis to
respond to emergencies or other unusual situations shall receive additional
compensation in the form of on-call pay at a rate determined by Levy
Court.
J.
Employees shall annually receive a longevity award
in the amount of $500 for five to nine years of continuous County
service; in the amount of $1,000 for 10 to 14 years of continuous
County service; in the amount of $1,500 for 15 to 19 years of continuous
County service; in the amount of $2,000 for 20 to 24 years of continuous
County service; in the amount of $2,500 for 25 to 29 years of continuous
County service; in the amount of $3,000 for 30 to 34 years of service;
in the amount of $3,500 for 35 to 39 years of service; in the amount
of $4,000 for 40 to 44 years of service; and in the amount of $4,500
for 45 and more years of continuous County service. Said longevity
award shall not vest automatically, but shall instead be awarded,
accrued and distributed in equal installments with each pay period
throughout the ensuing year, or the Levy Court may direct that the
requisite longevity award be conferred lump sum annually on each employee's
employment anniversary date. Absences for more than 12 weeks per year
shall not be counted in years of service
[1]
Editor's Note: This ordinance also provided
that it shall be effective retroactive to 6-1-2002 upon adoption.
A.
When vacancies occur in the classified service, the
Personnel Director and the department head shall carefully evaluate
the continued need for the vacant position to determine if it should
be eliminated, combined with another position, enhanced with additional
duties or reclassified. If a position remains vacant for a period
of two fiscal years, it shall be considered eliminated. If a change
in position status is desired, a recommendation to eliminate the position
or submission of a new or revised position description shall be provided
to the Levy Court within two weeks of the vacancy.
B.
Appointments to vacancies occurring in the classified
service shall be based on merit as determined by qualifications set
forth in the classification plan and approved position description.
Appointments to vacancies occurring in the unclassified service shall
be made by Levy Court. Compensation for new appointments shall be
as required by the assigned pay range.
(1)
Employees shall be selected without regard to political
considerations and shall not be required to contribute to any political
purpose as a condition of employment.
(2)
There shall be no discrimination against any person
seeking employment or employed in the service of Kent County because
of political or religious affiliation or belief, national origin,
race, color, sex, age, pregnancy, marital status, veteran status or
disability.
C.
When a position becomes vacant, recruiting shall be
carried out in the following manner:
(1)
Announcements used to recruit candidates shall be
advertised in either newspaper(s), journal(s), electronic media and/or
employment center(s) in order to inform a maximum number of sectors
of the labor force about the vacancy. Any examination requirement
shall be included in the job announcement.
(2)
At the discretion of the Personnel Director, open
competitive recruitment advertisement and position posting need not
be used for recruiting if any of the following conditions are met:
(a)
There is at least one person who is already employed
by the County who submits a transfer request to be considered for
the vacant position and who meets the minimum qualifications designated
in the position description;
(b)
There is an existing eligibility list; or
(c)
Recruiting has been designated as promotional. Promotional
recruiting shall consider qualified employees of the County using
competitive examination or other appropriate standard to determine
qualification. If an employee is promoted to a position in a higher
class and voluntarily requests demotion, the employee shall not be
reconsidered for promotion for a period of one year from the date
of voluntary demotion.
(3)
Open competitive recruiting shall consider all eligible
candidates, including employees of the County, and shall be accomplished
pursuant to the provisions of this chapter.
D.
Appointment to vacancies in permanent full-time and
permanent part-time positions shall be based on merit as determined
by competitive examination or other appropriate standard.
(1)
Examinations and other standards shall be in such
form as will fairly measure the abilities and aptitudes of candidates
for the duties to be performed and may not include any inquiry into
the political or religious affiliation or belief, national origin,
race, color, sex, age, pregnancy, marital status, veteran status or
disability of any candidate.
(2)
Candidates who qualify for employment shall be ranked
by the Personnel Director according to examination scores and/or qualifications
and shall be placed on an eligibility list for the appropriate position
in that rank order. Priority in appointment shall be given according
to position in the rank order.
(3)
Veteran's preference shall be granted to qualified
persons who have been members of the Armed Forces of the United States
and who seek to enter the service of the County within five years
immediately following their honorable discharge from military service.
Such preference shall be in the form of points added to the final
grades of such persons, provided that they first achieve a passing
grade. The preference shall be 2 1/2 points for nondisabled veterans
and five points for persons currently receiving compensation from
the U.S. Department of Veterans Affairs for service-incurred disabilities.
The order of rank for persons receiving preferential credit among
other eligibles shall be determined on the basis of their augmented
rating. Such veterans' preference shall be given for entrance examinations
but not for promotional purposes.
(4)
When required or appropriate, a standardized competitive
examination shall be uniformly administered by the Personnel Director
to all candidates for the same position. Examination shall be in such
form as will fairly test the knowledge and capabilities of candidates
for the duties to be performed.
(5)
Candidates must submit to and pass a substance abuse
test for illegal and illicit drug use, misused prescription drugs
and abusive consumption of alcoholic beverages after an offer of employment
has been extended, but before actual employment begins. If the selected
candidate fails to pass the test or a second confirming test, the
offer of employment shall be withdrawn and he/she shall be ineligible
for any appointment for a period of one year.
(6)
Candidates must submit to a criminal background investigation
after an offer of employment has been extended, but before actual
employment begins in order to establish qualification for public trust
and to protect fellow employees from potential harm. Those candidates
found to have a criminal record must undergo an additional review
process conducted by the Personnel Director and County Administrator
before any final offer of employment may be extended. During the review
process, the relevance of the criminal record shall be examined to
determine if it will have an adverse impact on performance or place
the County or its citizens at potential risk. If it is determined
that a potential risk exists or performance will be adversely affected,
the offer of employment shall be withdrawn.
(7)
Male candidates born after January 1, 1960, shall
have registered with Selective Service and shall certify such registration
on the County employment application form. Failure to certify Selective
Service registration or show proof of such, if requested, shall render
the candidate ineligible for County employment, or if already hired,
the employee shall be subject to termination.
[Added 10-24-2000 by Ord. No. 00-27]
E.
Upon the written notification from an employee that
he/she is vacating his/her position with the County, and upon proper
notification from the department head that recruitment is exempt from
posting, the Personnel Director shall post a notice of the position
vacancy for the information of employees of the County, and shall
advise and counsel any employee who is considered potentially eligible
for the vacant position. Permanent part-time and full-time employees
of the County may request to be considered for the vacant position
as prescribed in this chapter. A vacancy notice shall be posted no
less than six County working days prior to open competitive recruitment.
Pending the availability of an eligibility list as determined by the
Personnel Director to be appropriate for the position, a vacancy may
be filled by temporary appointment. Such an appointment shall have
a maximum duration of six months and shall be terminated as soon as
is practical after selection of a candidate for the position. This
appointment shall be known as "temporary status."
F.
Applications for employment by the County shall be
kept on file for a period of one year and may be updated any time
within the one-year period. Applications may be made available upon
request by the applicant for a vacant position in accordance with
the provisions of this chapter.
(1)
The application shall require of a candidate only
that information necessary to establish name, address, telephone number,
person to contact in emergency, references, job-related qualifications
and any other relevant information.
(2)
Applicants who misrepresent their qualifications or
commit any act of dishonesty in connection with either the application,
the examination or the interview will be excluded from the eligible
list or if already hired, shall be subject to termination.
G.
When an appointment is to be made to a vacancy, the
Personnel Director shall submit to the department head the names of
at least three persons ranked highest on an eligibility list in the
order as provided in this chapter. All of the names on a higher priority
eligible list shall be exhausted before selecting names from a lower
priority list. The department head may ask the Personnel Director
to submit an additional three names from an appropriate list. The
department head shall interview each applicant on the list and submit
his/her choice to the Personnel Director who then may appoint this
individual to the position, provided that all requirements of this
chapter and applicable policies or laws are met. The Personnel Director
shall be advised of and may participate in the candidate interviews.
H.
No candidate who is a relative of a member of Levy
Court, the County Administrator or the Personnel Director is eligible
for appointment or employment in any County position. No candidate
who is a relative of a department head or other elected official is
eligible for appointment, employment, promotion or transfer to a position
within the department of which the department head or elected official
exercises jurisdiction or control. No employee shall lose his/her
position as a result of marriage or election of a spouse, but the
lower paid spouse in a direct supervisor/subordinate relationship
shall be subject to transfer to a like position at a like rate of
pay as soon as such a position may become available.
A.
Eligibility lists, in the order of their priority,
shall be reemployment lists, promotional eligibility lists and original
appointment eligibility lists.
(1)
Reemployment lists shall contain the names of permanent
employees laid off, in good standing, for lack of funds or work.
(2)
Promotional eligibility lists and original appointment
eligible lists shall be created as provided in this chapter.
(3)
Original appointment lists shall be established by
the Personnel Director from those who make a passing grade on the
examination or best meet the job qualifications as contained in the
applicable position description. The lists shall be made in order
of excellence of performance on the examination or those who best
meet the job qualifications as contained in the applicable position
description. Eligible names will be kept on the lists for one year.
Eligibility lists will be available in the Personnel Director's office.
B.
Probationary employees laid off for lack of work or
lack of funds or resigned in good standing may have their names restored
to the eligibility list from which their appointment was originally
made upon request to the Personnel Director.
A.
Classified employees appointed from original appointment
eligibility lists shall be subject to an introductory period of probation.
The regular period of probation shall be not less than six months.
The department head may request from the Personnel Director an extension
of the probation period in individual cases, but no probationary period
shall extend beyond 18 months.
(1)
A written statement establishing the conditions and
length of the probationary period shall be provided by the Personnel
Director to each employee at the time of initial employment.
(2)
The Personnel Director may waive the probationary
requirement for employees who have worked at least six months for
Kent County as a permanent part-time employee or in a temporary capacity.
B.
The work and conduct of probationary employees shall
be subject to review and evaluation, and if found to be below standards
satisfactory to the department head, and with the approval of the
Personnel Director, the probationer may be terminated, reduced in
grade or rank or replaced on the eligibility list. Such removal or
demotion may occur at any time during the probationary period and
shall not be subject to appeal to the Personnel Administration Board.
(1)
The department head shall notify the Personnel Director
in writing of his/her recommendation for approval or denial of permanent
status at least 10 days prior to the expiration of the employee's
probation status. The Personnel Director shall act upon the recommendation
and notify the employee of permanent status or termination within
five working days of the decision.
(2)
After successful completion of the probationary period
and a recommendation of approval by the department head, the employee
shall be put on permanent status.
A.
The Personnel Director may transfer an employee to
another department or another appointment involving similar qualifications,
duties and responsibilities after consultation with the department
heads affected by the transfer. Said transfer is nongrievable and
not subject to appeal or review by the Personnel Administration Board.
(1)
A transfer to like duties in other departments does
not constitute a promotion.
(2)
An employee request for transfer must be submitted
in writing to the Personnel Director identifying the requested position
and listing qualifications, with a copy to the department heads affected
by the transfer.
(3)
Any existing County employee who requests a transfer
must be interviewed and extended preferential consideration if the
employee meets the minimum qualifications as set forth in the position
description and has been certified by the Personnel Director as qualified
to fill the vacant position.
(4)
The salary of an employee who is considered qualified
for transfer to another department to a position in a higher class
constituting additional duties and responsibilities shall be increased
to the minimum range of the higher class. However, in the case of
overlapping ranges, the salary of the transferred employee shall be
increased up to, but not more than 5% above his/her previous rate
of compensation.
(5)
Probationary employees shall be eligible to transfer
to another department. However, upon transfer, the employee shall
be required to serve an additional six-month probation period in the
department to which they have transferred, beginning with the date
of transfer.
(6)
The salary of an employee who transfers to another
department and position classified in the same grade as he/she presently
holds shall remain unchanged. Prior to the effective date of the transfer,
the department head shall evaluate the employee for the time served
in his/her department, append his/her comments to the evaluation,
and submit them to the head of the department to which the employee
is transferring. During the annual evaluation period, the employee
shall be evaluated by his/her present department head. All evaluations
conducted on the employee during the evaluation year shall be reviewed
and signed by the department heads under which the employee worked.
(7)
When the Levy Court abolishes a position as a result
of a department merging with the state government, due to contracting
positions to a private firm, or any other reason, the employee(s)
affected by the abolishment of the positions shall have one year from
the effective date to apply for transfer to any vacant posted County
position for which they are qualified. The affected employee(s) requesting
transfer shall submit the request, in writing, to the Personnel Director
with a copy to the department heads affected by the transfer.
(8)
Any employee may be reassigned by the department head
to an existing or new position within his/her current department for
which they are qualified and shall be required to assist in the training
or transition of a new or other employee into his/her former position.
Said reassignment is nongrievable and not subject to appeal or review
by the Personnel Administration Board.
B.
Any advance in pay grade or increase in salary beyond
the limits defined in the rules for the administration of the pay
plan shall constitute a promotion. The salary of an employee who is
promoted to a position in a higher class shall be increased to the
minimum range of the higher class; except in the case of overlapping
ranges, the salary of the promoted employee shall be increased up
to, but not to exceed, 8% above his/her present rate of compensation.
If it becomes necessary in the judgment of the department head to
promote an employee with less than minimum qualifications, the employee
may be offered the promotion with an "intern status" at 5% below the
minimum rate for that class. (If the intern status employee's current
salary is above minimum rate, it will not be changed.) The department
head and Personnel Director will establish the requirements and time
frame by which the promoted employee must meet the minimum requirements
for that position. Once the employee meets those requirements to the
satisfaction of the department head, the employee will be given the
minimum salary for that class.
C.
The department head may demote an employee whenever in the judgment of the department head the total performance of the employee or his/her conduct so warrants, whenever there is a lack of funds or whenever the employee requests a demotion and is qualified for the lower pay grade position. A reduction in pay grade or a decrease in salary below the minimum rate of a pay grade shall constitute a demotion. When the department head determines to demote an employee, he/she shall follow the procedures outlined in § 68-15, except for requested demotions.
(1)
If an employee is demoted from one classification
to another due to poor performance or misconduct, his/her salary shall
be reduced by 10% or to the maximum rate for the new classification,
which ever is lower.
(2)
If an employee is demoted from one classification
to another due to lack of funds, his/her salary shall be reduced to
the maximum rate for the new classification or by 5%, which ever is
lower.
(3)
If an employee requests demotion to a position in
a lower classification, his/her salary shall be reduced by 5% or to
the maximum rate for the new classification, which ever is lower.
If an employee requests demotion to a previously held position in
a lower classification, his/her salary shall be reduced to the salary
previously received for the requested position.
(4)
The salary of a demoted employee shall be reduced
effective with the next pay period following the demotion.
A.
The standard work week for nonexempt and exempt employees
shall be that which is established by the Levy Court, based upon recommendations
of the Personnel Director. When the needs of the County and/or department
will be best served, the Personnel Director may assign certain positions
or classes to a work schedule which differs from that considered to
be standard for the remainder of the employees.
B.
Part-time employment shall include all employment
for less than the standard work week designated for that position
or class. Part-time employment shall be performed only according to
the schedules established by the department head in consultation with
the Personnel Director as may be required to accomplish the assigned
functions of that department.
C.
All full-time employees shall be entitled to a lunch
break and such rest periods as are determined by the Personnel Director.
A.
The Personnel Director shall encourage the improvement
of service by providing employees with appropriate opportunities for
job-related training.
B.
Training programs may be made available in order to:
(1)
Provide an employee with training to enhance skills
and knowledge required to achieve optimum performance and/or certification
in his/her current or next higher position.
(2)
Acquaint an employee with rules, regulations, ordinances,
policies, practice and standards of County service.
(3)
Provide an employee with appropriate training to develop
skills and knowledge required for a position within the same discipline
to which he/she may desire to advance.
C.
Employees participating in approved training courses,
sessions, conferences, workshops or seminars or any other similar
job enhancement activity approved by the department head shall have
normal working hours, traveling expenses, lodging, seminar or conference
fees, tuition and similar expenses incurred during such approved activity
paid by the County. Employees shall be compensated for actual time
participating in and commuting to such training courses as required
by FLSA.
D.
To be eligible for payment or reimbursement of a specific
job-related training course, a written request must be submitted to
the department head prior to commencement of course(s). The department
head will evaluate the request and approve or deny payment for the
course. If approved, the employee must provide evidence of satisfactory
completion (certificate or passing grade) to his/her department head
and the Personnel Director for inclusion in the employee's personnel
file, at which time the employee will be reimbursed for the course
and any books or specific materials required for the training course,
ownership of which shall be retained by the County. If an employee
attends such a training course(s) and resigns his/her position with
the County within a one-year period from the time of completion of
the course(s), he/she may be required to reimburse the County for
any funds paid for such course(s). For the purpose of this section
it shall not be considered a resignation if the employee takes another
position with the County.
E.
Employees shall be encouraged to achieve higher education
to improve skills specifically related to their position. Limited
tuition cost sharing may be offered to employees pursuing and successfully
completing degree requirements, but shall not include books or class
materials.
F.
Permanent full-time employees achieving professional
certification or an advanced educational degree in their field of
responsibility shall be eligible for an increase in salary up to 5%
upon request of the department head and verification of award. The
Personnel Director shall develop and maintain a rating point system
and a corresponding percentage for salary increases based on the relative
difficulty of achieving an advanced educational degree or professional
training certification.
A.
Evaluation of the performance of each employee on
probation shall be completed at least semiannually and on each permanent
employee at least on an annual basis, which is herein described as
the evaluation year. The evaluation year shall begin and end as designated
by the Personnel Director. All evaluations shall be conducted with
an official evaluation form authorized by the Personnel Director.
B.
All such evaluations shall be conducted by the appropriate
supervisor, reviewed and approved by the appropriate Department Head,
if not the supervisor, and shall be signed by the employee upon completion
of the evaluation.
C.
Performance evaluations are nongrievable and not subject
to appeal or review by the Personnel Administration Board.
D.
Performance evaluations for each employee shall be
filed with his/her personnel record and available for review by the
department head.
E.
Evaluations shall be completed on a more frequent
basis if it is determined by the Personnel Director to be in the best
interest of the County to do so. Any employee receiving a less than
satisfactory evaluation will be evaluated again by the supervisor
or department head within 90 days to ensure correction of deficiencies.
If deficiencies are not corrected within 90 days, the employee may
be reassigned, demoted or terminated.
F.
All performance evaluations shall be carefully reviewed
by the Personnel Director for accuracy and deficiencies in order to
determine the training needs of employees.
G.
The annual performance evaluation of unclassified
employees shall be conducted by the County Administrator and he/she
shall in turn be evaluated by the Levy Court. The evaluation form
shall be individually reviewed and shall be signed by the unclassified
employee upon completion of the evaluation. A report and copies of
the evaluations shall be submitted to the Levy Court for its information
and consideration.
A.
Deficiencies in the performance of an employee based
upon the position classification and description or misconduct committed
on the job shall be remedied by a procedure for progressive disciplinary
action as follows:
(1)
For a first offense, the department head or supervisor
of the employee shall give an oral warning and maintain written documentation
of the same.
(2)
For a second offense, the department head or supervisor
of the employee shall issue a written reprimand to the employee within
five working days of learning of the offense, outlining the offense
and serving a warning that subsequent offenses may result in demotion,
suspension and/or termination. The employee shall have an opportunity
to review, comment upon and sign the reprimand before it is sent to
the Personnel Director for inclusion in the employee's personnel file.
If the employee refuses to sign the notification, the refusal shall
be duty noted and witnessed.
(3)
A third offense shall constitute just cause for suspension
with or without pay pursuant to the provisions of this chapter, after
the employee is afforded a pre-suspension hearing. Such hearing shall
be scheduled within five working days of learning of the offense.
(4)
Subsequent offenses shall be just cause for further
suspension, demotion or termination of employment pursuant to the
provisions of this chapter; provided, however, that in the event of
further suspension or termination, the employee shall be afforded
a pre-suspension or pre-termination hearing, whichever is appropriate.
Such hearing shall be scheduled within five working days of learning
of the offense and held at a time and date selected by the Personnel
Director.
B.
Serious deficiencies in the performance of an employee
based upon the position classification and description; gross misconduct
that is committed on the job; repeated violation(s) of/or disregard
for any rules, directives or procedures approved by the department
head or policies or ordinances adopted by Levy Court; absence without
leave; or conviction of a felony or Class A misdemeanor shall be just
cause for:
C.
Offenses committed more than three years prior to
the date of an offense in question shall not be considered in determining
progressive or immediate disciplinary action.
D.
Pre-suspension hearing. Prior to suspending a permanent
employee, the department head shall issue written notification to
the employee of the intent to suspend with or without pay. Said written
notification shall state the reason(s) why the employee is being suspended
and shall include the date, time and place of a pre-suspension hearing
before the department head or his/her designee in order to afford
an opportunity for the employee to respond to the stated reasons for
the suspension. Said notification shall be drafted in consultation
with and a copy sent to the Personnel Director, who may also attend
the hearing.
E.
Pre-termination hearing. Prior to terminating a permanent
employee, the department head shall issue written notification to
the employee of the intent to terminate. Said written notification
shall state the reason(s) why the employee is being terminated and
shall include the date, time and place of a pre-termination hearing
before the department head or his/her designee, in order to afford
an opportunity for the employee to respond to the stated reasons for
termination. Said notification shall be drafted in consultation with
and a copy sent to the Personnel Director and County Attorney, both
of whom may also attend the hearing.
F.
Any employee may be placed on administrative leave
with pay by the Personnel Director during a continuing investigation
as provided in this chapter.
G.
The imposition of progressive or immediate disciplinary
action shall be based upon the severity of the infraction or conduct
as determined by the offending employee's department head or the Personnel
Director.
H.
Exempt employees shall not be suspended without pay
for periods of less than one week.
A.
The tenure of every permanent employee shall be based
on standardized evaluation reports prepared by the department head
and reviewed and maintained by the Personnel Director in accordance
with the provisions of this chapter.
B.
Whenever there is lack of work or lack of funds requiring
a layoff or reduction in the number of employees in a department,
a reduction may be made in such job class or classes as the department
head may designate, provided that within the designated department
employees shall be laid off in inverse order of their relative length
and quality of service, as determined by evaluation reports and records
maintained by the Personnel Director. Within each affected job class,
temporary employees shall be laid off before probationary employees,
and probationary employees shall be laid off before permanent employees.
C.
Any employee may be demoted when, in the judgment
of his/her department head, the employee's work performance or conduct
justifies disciplinary action short of termination. The demotion shall
be to the next lowest available position for which the employee is
qualified. The department head shall indicate the substantial reasons
for the action in a written notification, discuss the decision with
the employee, and shall file final copies of the notification with
the employee and the Personnel Director. The employee shall have an
opportunity to comment upon the notification of demotion and forward
any additional written comments within five days to the Personnel
Director and his/her department head. The notification shall be signed
by the employee indicating that he/she has reviewed it and that he/she
understands its contents. If the employee refuses to sign the notification,
the refusal shall be duly noted and witnessed.
D.
Any employee may be suspended by his/her department
head with or without pay following a pre-suspension hearing. A suspended
employee may not request a hearing before the Personnel Administration
Board unless the suspension is for more than three working days, or
unless the employee has already received a previous suspension within
one year immediately prior thereto.
(1)
When an employee has been suspended by a department
head following a pre-suspension hearing, the department head shall
within two working days of the hearing file with the employee a written
notification containing a statement of the reason(s) for the action.
The employee shall have an opportunity to see and comment upon the
notification of suspension before it is sent to the Personnel Director.
The notification must be signed by the employee indicating that he/she
has reviewed it and that he/she understands its contents. If the employee
refuses to sign the notification, the refusal shall be duty noted
and witnessed.
(2)
Upon receipt of a notification of suspension, the
Personnel Director shall review its contents to determine whether
the reasons for the action indicated by the department head are consistent
with the provisions of this chapter. If the Personnel Director determines
that the suspension is not justified, the Personnel Director may modify
or rescind the suspension after consultation with the appropriate
department head, or as provided in this chapter initiate a hearing
before the Personnel Administration Board.
E.
Any permanent employee may be terminated by his/her
department head following a pre-termination hearing. When the department
head decides to take such final action following a pre-termination
hearing, he/she shall within two working days of the hearing file
with the employee a written notification containing a statement of
the reason(s) for the action. The notice shall inform the employee
that he/she shall be allowed five working days to file a written request
for modification to the Personnel Director. If the Personnel Director
determines that the termination is not justified, he/she may modify
or rescind the action following consultation with the appropriate
department head. If the Personnel Director determines the action is
justified, a copy of the written request will be forwarded to the
Personnel Administration Board within one week as notification of
a potential appeal.
F.
Progressive or immediate disciplinary measures may
be imposed for:
(1)
Unauthorized use of working hours. This shall include
the following: an unreasonable amount of lost time or abuse of sick
leave; absence without leave; excessive tardiness; and pursuing any
non-job-related activities during work hours without the permission
of the department head.
(2)
Conduct unbecoming an employee. This shall include
the following: conviction of a felony or Class A misdemeanor; insubordination;
inefficiency and incompetency; knowingly giving false statements to
supervisors or the public; acceptance of undisclosed gifts, gratuities
or loans for personal benefit from organizations, business concerns
or individuals with whom one has official relationships on business
of the County government in return for special consideration; threatening,
harassing or intentionally inflicting harm or mental distress to a
County employee or member of the public while on County property or
in the performance of one's official duties; two consecutive years
of less than satisfactory performance evaluations; sexual harassment;
profane, obscene, insulting words or gestures toward the public or
any County employee.
(3)
Unfitness for work which causes hindrance to service
and to fellow employees. This shall include the following: consumption
of intoxicating beverages or nonprescription narcotic drugs while
in the scope of employment, on County property or in County-owned
vehicles; being under the influence of intoxicating beverages or nonprescription
narcotic drugs while in the scope of employment, on County property
or in County-owned vehicles; possession of or offering to others intoxicating
beverages or narcotic drugs while in the scope of employment, on County
property or in County-owned vehicles.
(4)
Abuse of County property or the use of County supplies,
materials, equipment or other property for personal purposes or securing
the same for others.
(5)
Gambling on County property or in a County-owned vehicle.
This shall include the following: possession on County property or
in a County vehicle of any device under any denomination by which
any game of chance played for anything of value, or any other gaming
device whatsoever; possession on County property or in a County vehicle
of any books, device, apparatus or paraphernalia for the purpose of
receiving, recording or registering bets or wages for personal profit.
(6)
Violation of state statutes, County ordinances, administrative
regulations or department rules.
(7)
Loaning of money at interest to other County employees.
(8)
Unlawful political activity or other activity as provided
in this chapter.
G.
The County Administrator shall be responsible for
taking disciplinary action, up to but not including termination, against
unclassified employees when deemed appropriate and as provided in
this chapter. Unclassified employees may be terminated by Levy Court
as provided in Delaware law.
H.
Whenever an employee is unable to work due to physical
or mental incapacity or disability, the Personnel Director may lay
off the employee or place the employee on a disability leave of absence
for up to one year. If continued incapacity or disability prevents
the employee from returning to work at the conclusion of the leave
of absence, the employee shall be placed on long-term disability,
if applicable, and his/her employment shall be terminated.
A.
A classified or unclassified employee may appeal a
disciplinary demotion, a suspension of greater than three days or
a termination any time within two calendar weeks after being notified
that he/she is the subject of the adverse personnel action and a request
by the employee for modification by the Personnel Director has been
denied. The appeal is to be filed in writing with the Personnel Director,
who will transmit it to the Personnel Administration Board. It should
consist of an original and 10 copies (one copy to the department head,
one copy to the County Attorney, one copy to the legal counsel for
the Board, and seven copies for the Personnel Administration Board),
and it should set forth the facts and reasons why the demotion, suspension
or termination was unwarranted.
(1)
If the employee files an appeal and the Board has
jurisdiction, the Personnel Director in consultation with the Chairman
of the Personnel Administration Board shall schedule a hearing within
15 working days after receiving the appeal. At the discretion of the
employee, the hearing may be private or open to the public. A transcript
of all proceedings during the hearing may be made should the employee
be willing to bear the full cost of the preparation of such transcript.
Otherwise, a general record of proceedings shall be prepared by Personnel
Department staff for the Board.
(2)
The burden of proof in any hearing before the Board
shall rest upon the department head or Personnel Director, whichever
may be applicable. All testimony shall be given under oath, and each
side shall have a right of cross-examination. Witnesses may be sequestered
upon the request of any party to the proceeding. Witnesses shall be
assured freedom from restraint, interference, coercion, discrimination
and reprisal.
B.
If the Board finds the adverse personnel action is
erroneous as a matter of law, arbitrary and capricious or otherwise
unsupported by substantial evidence, the employee shall be reinstated
to his/her former position without loss of pay.
C.
The Board's finding of facts and decision shall be
made in writing within 10 working days after the conclusion of the
hearing, and shall be forwarded to both sides promptly thereafter.
D.
Unclassified employees desiring to appeal termination
shall do so in the manner as provided in Delaware law.
A.
An employee may resign by filing a letter of resignation
with the Personnel Director and his/her department head. To resign
in good standing, an employee should give his/her department head
advance notice of at least two calendar weeks. Failure to comply with
this section may result in denial of reemployment.
B.
An employee resigning in good standing may be rehired
or reinstated without advertisement or examination to any position
in the same class if there is need for his/her services within two
years after the date of resignation.
A.
The Personnel Director shall maintain adequate records
of the proceedings of the Personnel Administration Board, his own
official acts, the examination record of every applicant and the employment
record of every employee. Employee records shall be kept in the Personnel
Director's office and they shall remain confidential, except as provided
by law.
(1)
Employees may review personal employment records,
including performance evaluations, by appointment and a reasonable
number of copies shall be provided upon written request.
(2)
Department heads may review individual employment
records, including performance evaluations, for those employees working
within or requesting transfer to their respective departments.
B.
The Personnel Director shall maintain appropriate
medical/health records and related insurance records separate from
employment records and they shall remain confidential. Such records
shall not be available for review by department heads and may be used
only as provided by law.
C.
The Personnel Director shall maintain appropriate
records of a confidential nature separate from employment and medical
records. Such records shall not be available for review by department
heads and may be used only as provided by law.
D.
Records of disciplinary action shall be removed from
an employee's personnel file and placed in the employee's confidential
file after a three-year period.
A.
No person shall be appointed or promoted to, or demoted
or dismissed from, any position in the classified or unclassified
service, or in any way favored or discriminated against with respect
to employment because of his/her political or religious affiliation
or belief, national origin, race, color, sex, age, pregnancy, marital
status, veterans status or disability.
B.
No person shall seek or attempt to use any political
endorsement in connection with any appointment to a position in the
classified service.
C.
No person shall use, directly or indirectly, any official
authority or influence, whether possessed or anticipated, to secure
for any person an appointment or advantage in appointment to a position
in the classified service, or an increase in pay or other advantage
in employment in any such position, for the purpose of influencing
the vote or political action of any person, or for any consideration.
D.
No employee in the classified service or unclassified
service shall be demoted, suspended, terminated or otherwise discriminated
against in respect to his/her position because of refusal to pay,
or promise to pay any assessment, subscription, or contribution, or
perform any service for any political party, or solicit or take any
part in soliciting any such assessment, subscription, contribution
or service of any employee.
E.
No employee in the classified or unclassified service
shall, during regular working hours, take any part in the management
of affairs of any political party or in any political campaign, except
to exercise his/her right as a citizen, privately, to express his/her
opinion and to cast his/her vote.
F.
No employee in the classified or unclassified service
shall use his/her position in the classified or unclassified service
as a means of implementing or promoting any political or personal
gain.
G.
No person shall make any knowingly false statement,
certificate, mark, rating or report with regard to any test, certification
or appointment made under any provision of this chapter or in any
manner commit or attempt to commit any fraud preventing impartial
execution of this chapter.
H.
No person shall, directly or indirectly, give, render,
pay, offer, solicit or accept money, service or other valuable consideration
for, or on account of any appointment or proposed appointment, promotion
or proposed promotion to, or any advantage in, a position in the classified
or unclassified service.
I.
No person shall defeat, deceive or obstruct any person
in his/her right to examination, eligibility, certification or appointment
under this chapter, or furnish to any person any confidential information
for the purpose of affecting the rights or prospects of any person
with respect to employment in the classified service.
[Amended 9-22-2009 by Ord. No. 09-23; 11-23-2021 by Ord. No. 21-13]
A.
All Nonexempt nonrepresented position classified employees,
unclassified employees, and elected employees, except part-time employees
and temporary employees or other excluded employees, shall be eligible
for the day off on the following official Kent County holidays, with
the specific date of observance to be determined annually by the County
Administrator, and receive holiday pay equal to their regular rate
of pay for eight hours, or seven hours as assigned: [
|
New Year's Day
| |
|
Martin Luther King Jr. Day
| |
|
Presidents’ Day
| |
|
Good Friday
| |
|
Memorial Day
| |
|
Juneteenth
| |
|
Independence Day
| |
|
Labor Day
| |
|
Election Day in even-numbered years
| |
|
Veterans Day
| |
|
Thanksgiving Day
| |
|
Day after Thanksgiving
| |
|
Christmas Day
| |
|
Day after Christmas
|
B.
When any holiday falls on a Saturday, the preceding
business day shall be considered the official Kent County holiday.
C.
When any holiday falls on a Sunday, the following
business day shall be considered the official Kent County holiday.
D.
If efficient operations require a nonexempt nonrepresented position employee's services to be performed on any official Kent County holiday, the employee shall be compensated at a rate double their regular hourly rate for any work physically performed on a Kent County holiday and receive holiday pay as provided in Subsection A, or in lieu of holiday pay may accrue equivalent hours of vacation leave if the employee requested such in advance on a calendar year basis. Whenever June 19 (Juneteenth), July 4 (Independence Day), November 11 (Veterans Day), December 25 (Christmas), or January 1 (New Year's Day) fall on a Saturday or Sunday on the calendar, a nonexempt nonrepresented position employee shall accrue vacation leave equal to any hours physically worked on these specific dates.
E.
For the nonexempt employee to be eligible for holiday
pay, the eligible nonexempt employee must have worked on the last
scheduled workday prior to and the next scheduled work day after said
holiday unless the employee is on approved absence with pay in accordance
with this chapter, or absent with pay with prior approval of the department
head.
F.
If December 25 (Christmas) or December 26 (Day after
Christmas) fall on a Saturday or Sunday on the calendar, the President
of Levy Court can by declaration adjust the day on which the official
Day after Christmas holiday is observed to the business day before
or after the day Christmas is observed.
A.
Sick leave shall be granted to employees in the classified
and unclassified services for the following reasons:
(1)
Personal illness or physical incapacity resulting
from causes beyond the employee's control.
(2)
Illness in the household of the employee requiring
quarantine as certified by a physician or public health officer.
(3)
Medical, dental or optical appointments which cannot
be scheduled for after duty hours.
(4)
Illness requiring care of a member of the immediate
family (limited to 28 hours for 35 hours per workweek employees, 32
hours for 40 hours per workweek employees within a calendar year).
(5)
Personal leave hours annually for undisclosed reasons
in accordance with this chapter, which shall be charged against accrued
sick leave.
B.
Full-time employees in the classified and unclassified
services shall accrue sick leave at the following rate:
|
35-hour workweek employees
|
8.75 hours per month
|
|
40-hour workweek employees
|
10.00 hours per month
|
(1)
Unused sick leave for full-time employees may be accumulated
up to a maximum of 120 working days.
(2)
Full-time employees earning more than 120 work days
of sick leave shall be credited one day of vacation leave in exchange
for each additional three days of sick leave earned.
(3)
Full-time employees achieving perfect attendance during
any one calendar year shall be credited with one additional day of
vacation leave for the following year.
(4)
Permanent part-time employees shall accrue sick leave
at 50% of the allowable rate of full-time employees, based on the
normal work schedule of the department.
(5)
Unused sick time for part-time employees may be accumulated
up to a maximum of 60 part-time working days.
C.
In the event of extended illness beyond accumulated
sick leave and vacation, a permanent employee may submit to the Personnel
Director a request for an extension of sick leave at one-half pay
up to 15 days. Such a request must be in writing and must be accompanied
with supportive statements from a licensed practicing physician. The
Personnel Director may approve such a request if, in his/her opinion
and in consultation with the department head, the previous service
of the employee warrants favorable consideration, and if medical statements
indicate that the employee will be able to return to work at the end
of the extension period. An employee may, for a period following return
from sick leave, work on a part-time basis if approved by the Personnel
Director in advance. Compensation will be for time actually worked.
All advanced sick time must be paid back as new time accrues.
D.
After an absence of three consecutive working days,
the Personnel Director or department head may require the employee
to present a statement from a licensed practicing physician certifying
that the employee's condition prevented him/her from performing the
duties of his/her position. Sick leaves in excess of three days without
medical certificate shall be charged to vacation leave, unless waived
by the Personnel Director.
(1)
An employee who is absent the day prior to or the
day after a legal holiday may be required to provide the Personnel
Director or department head with a statement from a licensed practicing
physician certifying that the employee's physical condition prevented
him/her from performing the duties of his/her position.
(2)
An employee may be required to present a statement
from a licensed practicing physician for absences less than three
consecutive working days if the Personnel Director or department head
suspect abuse of sick leave.
E.
When absent on sick leave, it is the responsibility
of the employee to promptly report his/her inability to be on duty.
Failure by an employee to notify the supervisor or department head
prior to the time established for beginning his/her duties may result
in loss of pay for that day or other appropriate disciplinary action.
(1)
Absence by classified employees for a fraction of
a day that is chargeable to sick leave in accordance with these provisions
shall be charged in increments not smaller than 15 minutes.
(2)
An employee absent from work on a legal holiday, during
paid sick leave, on vacation leave, for disability arising from injuries
sustained in the course of his/her employment, on authorized leave
or on leave of absence without pay for less than one month in any
calendar year shall continue to accumulate sick leave and vacation
leave at the regularly prescribed rate during such absence as though
he/she were on duty.
F.
Sick leave entitlement shall include any accumulation
and the days earned in the current year in which the illness occurs,
computed as of the first day of illness.
G.
Sick leave shall be used concurrently with any allowable
absence mandated by the federal Family and Medical Leave Act of 1993,
as amended.
H.
Upon retirement from active service, layoff, or in
the event of death, the employee or his/her estate will be compensated
for 50% of unused sick hours to a maximum of 45 working days. If an
employee leaves service for any other reason, the employee will not
be reimbursed for unused sick leave.
I.
Individual records of all sick leave credit and use
shall be maintained as part of the payroll records of the County.
J.
Full-time employees in the classified service are
eligible to take up to three working days per calendar year of personal
leave for undisclosed reasons, which shall be charged against accrued
sick leave. Personal leave hours may be used as follows:
(1)
The employee must have completed the probation period
prior to requesting personal leave hours.
(2)
The employee must have accrued sick leave from which
to draw.
(3)
The employee must apply for personal leave hours to
his/her department head at least 48 hours in advance, in writing,
except in the case of an extreme emergency and only if such leave
will not interfere with the proper operating efficiency of the County.
(4)
Personal leave hours may be used consecutively.
(5)
Personal leave hours shall be used in increments of
not less than 15 minutes. Individual records of all personal leave
hours used shall be reported to the payroll office by the department
heads. Personal leave hour records shall be maintained as part of
the payroll records of the County. All personal leave must be taken
during the year accrued. New classified employees shall receive a
prorated allocation for the remainder of the year.
K.
Permanent part-time employees shall accrue personal
leave annually at 50% of the allowable rate of full-time employees
subject to the rules outlined in this chapter.
L.
Exempt employees are eligible to take five personal
days annually for undisclosed reasons, which shall not be charged
against accrued sick leave. Personal leave must be requested in writing
at least 48 hours in advance to the department head, except in the
case of an extreme emergency and only if such leave will not interfere
with the proper operating efficiency of the County as determined by
a case-by-case basis. Unclassified employees must request approval
for use of personal leave from the County Administrator. All personal
leave must be taken during the calendar year accrued. New exempt or
unclassified employees shall receive a prorated allocation for the
remainder of the calendar year.
[Amended 6-27-2000 by Ord. No. 00-16]
A.
Vacation leave shall be granted to classified and
unclassified employees according to the provisions of this chapter.
Requests for vacation shall be submitted to the department head on
approved forms provided by the Personnel Director. Approval of vacation
requests is at the discretion of each department head subject to the
provisions of this chapter and verification by the payroll office
that the employee has sufficient accumulated vacation time to cover
the period requested.
B.
Eligibility for vacation with pay shall begin on the
date of hire.
C.
Accrual of vacation time shall be as follows:
(1)
Permanent full-time employees who are in their first
year through their fourth year, inclusive, shall accrue paid vacation
at a rate of 5.83 hours per month for thirty-five-hour-workweek employees
and 6.67 hours per month for forty-hour-workweek employees. Accruals
will be applied at the end of each month.
(2)
Permanent full-time employees beginning their fifth
year of continuous service through their ninth year, inclusive, shall
accrue paid vacation at the rate of 8.75 hours per month for thirty-five-hour-workweek
employees and 10 hours per month for forty-hour-workweek employees.
(3)
Permanent full-time employees beginning their 10th
year of continuous service through their 14th year, inclusive, shall
accrue paid vacation at the rate of 10.5 hours per month for thirty-five-hour-workweek
employees and 12 hours per month for forty-hour-workweek employees.
(4)
Permanent full-time employees beginning their 15th
year of continuous service through their 19th year, inclusive, shall
accrue paid vacation at the rate of 12.25 hours per month for thirty-five-hour-workweek
employees and 14 hours per month for forty-hour-workweek employees.
(5)
Permanent full-time employees beginning their 20th
year of continuous service through their 24th year, inclusive, shall
accrue paid vacation at the rate of 14 hours per month for thirty-five-hour-workweek
employees and 16 hours per month for forty-hour-workweek employees.
(6)
Permanent full-time employees beginning their 25th
year of continuous service and any consecutive years thereafter shall
accrue paid vacation at the rate of 15.75 hours per month for thirty-five-hour-workweek
employees and 18 hours per month for forty-hour-workweek employees.
(7)
If a person is terminated or laid off, or in the event
of death, the employee or his/her estate will be compensated for accrued
vacation up to the maximum amount permitted in this chapter. In the
event of voluntary resignation, two weeks' notice of intention to
resign is required in order to be eligible for this payment in lieu
of vacation. The aforesaid vacation allowance shall not, under any
circumstances, be considered as salary used as the basis for calculating
an employee's pension benefits or compensatory time.
D.
Accrual of vacation leave shall begin on the date
of hire. A maximum of the following hours of vacation may be accumulated:
[Amended 6-27-2000 by Ord. No. 00-16]
|
35-hour-workweek employees
|
210 hours
|
|
40-hour-workweek employees
|
240 hours
|
|
Exempt employees
|
480 hours
|
E.
Permanent part-time employees shall accrue annual
and maximum vacation leave at 50% of the allowable rate of permanent
full-time employees, based upon the normal work schedule of the department.
F.
Department heads shall schedule vacation leaves with
particular regard to the operating requirements of the office, seniority
of employees and employee requests insofar as the latter are practical.
The scheduling of vacation periods is always subject to be changed
at the discretion of the department head in the event of changing
circumstances or emergency needs. Responses to requests for vacation
shall be made promptly by the department head.
G.
Individual records of vacation leave shall be maintained
as part of the payroll records of the County. All employee records
of vacation leave shall be available to the employee and supervisor(s)
with whom the records are concerned.
A.
After completion of 12 months of service and working
a minimum of 1,250 hours during the preceding 12 months, an employee
shall be entitled to 12 workweeks (except in the case of leave to
care for a covered service member with a serious injury or illness)
of unpaid leave or a combination of paid and unpaid leave per rolling
twelve-month period measured backward from the date an employee uses
any eligible leave as provided in the Federal Family and Medical Leave
Act of 1993 (FMLA), as amended, when taken as follows:
[Amended 11-13-2012 by Ord. No. 12-18]
(1)
For
the birth of the employee’s son or daughter, and to care for
the newborn child;
(2)
For
the placement with the employee of a son or daughter for adoption
or foster care, and to care for the newly placed child;
(3)
To care
for the employee’s spouse, son, daughter, or parent with a serious
health condition;
(4)
For
a serious health condition that makes the employee unable to perform
one or more of the essential functions of his or her job; and
(5)
For
any qualifying exigency arising out of the fact that the employee’s
spouse, son, daughter, or parent is a covered military member on active
duty (or has been notified of an impending call or order to active
duty) in support of a contingency operation.
B.
Upon return from FMLA leave, an employee shall be
restored to his/her original position or to an equivalent position
with equivalent pay, benefits and other terms and conditions of employment.
If, on the day following the expiration of leave, an extension has
not been requested and granted, and the employee has not returned
to his/her position, the employee shall be considered to have resigned.
C.
Restoration of employment may be denied to a key employee
if restoration of the employee to employment will cause substantial
and grievous economic injury to the operations of the County.
(1)
Written notice shall be given to any key employee
at the time FMLA leave is requested or when FMLA leave commences,
if earlier, if the County intends to deny restoration to employment
on completion of the FMLA leave. The notice will explain the basis
for the finding for substantial and grievous economic injury will
result, provide a reasonable time considering the circumstances in
which the key employee is to return to work, and the urgency of the
need for the key employee to return to work.
(2)
If the key employee does not return to work in response
to the notification of intent to deny restoration, the employee is
still entitled to all rights under FMLA. These rights will cease when
the key employee gives notice of intent not to return to work or at
the conclusion of the twelve-week leave period.
D.
Employees on FMLA leave will continue to receive all
benefits provided to other employees for the twelve-week leave period
and the County will continue pay for its portion of those employee
benefits. Normal deductions will continue from payments of accrued
sick leave for eligible dependent or other coverages. The employee
must pay all premiums and other costs not covered by accrued sick
leave in advance or upon return the costs will be deducted from the
employee's pay.
E.
Employees must contact their supervisor at least once
per month while on FMLA leave and indicate their intention to return
to work as scheduled. Employees choosing not to return to work at
the end of the FMLA leave period shall reimburse the County for all
insurance premiums paid by the County on the employee's behalf during
the unpaid portion of the FMLA leave. However, the employee will not
be liable to reimburse the County if the reason the employee does
not return to work is due to the continuation, recurrence or onset
of a serious health condition (either affecting the employee or a
direct family member) that would entitle the employee to FMLA leave
or does not return to work due to other circumstances beyond the employee's
control.
F.
Seniority, vacation leave, sick leave and longevity
shall accrue during FMLA leave. FMLA leave shall not be considered
a break in employment for pension or other reason.
G.
Employees must provide 30 days advance notice to the
department head when the need for FMLA leave is foreseeable or as
soon as practicable. The employee must provide timely medical certification
to support the request for leave, with medical recertification required
every 30 days. Said certification must provide at a minimum the information
suggested by the U.S. Department of Labor, so that eligibility for
leave can be sufficiently established. If leave is taken due to serious
health condition of the employee, a fitness-for-duty certification
must be provided by the employee's physician prior to his/her return
to work.
H.
Spouses employed full-time by the County are jointly
entitled to a combined total of 12 weeks of FMLA leave during any
twelve-month period for the birth or placement of a child for adoption
or foster care and/or to care for a child or parent (but not parent-in-law)
who has a serious health condition.
I.
Employees requesting and eligible for FMLA leave for
a reason which would be allowable under another section of this chapter
must use all applicable accrued sick leave concurrently with and during
the FMLA leave period. At the employee's option, he/she may retain
one week of sick leave.
A.
Any employee of the County for more than 90 days who
is either inducted or who volunteers for active military service in
the United States Armed Services shall be granted a military leave
of absence without pay which shall extend for 90 calendar days beyond
the termination of compulsory or voluntary service, activation for
service or enlistment, as applicable. Such employee shall be entitled
to be restored to the position which he/she vacated without loss of
seniority, provided that application for reemployment is made with
the Personnel Director within the ninety-day period after honorable
discharge from military service and provided that he/she is physically
and mentally capable of performing satisfactorily in the position.
B.
In the event that a position vacated by a person entering
the armed services no longer exists at the time he/she qualifies to
return to work, such person shall be entitled to be reemployed in
another position of the same class in the County service.
C.
Any permanent or permanent part-time employee who
is a member of the National Guard or an organized military service
of the United States is entitled to a military leave of absence not
to exceed a total of 20 scheduled working days in any one calendar
year for the purpose of military training or special duty. Employees
who are serving as obligated members of such military organizations
shall receive full pay for up to 20 days of military leave of absence
for military training or special duty purposes. The County shall not
be liable for wages beyond this twenty-day period. The employee must
request military leave at least 10 days prior to the effective date
of the leave and submit his/her request to the department head and
Personnel Director with a copy of the orders assigning him/her to
active duty for training.
[Amended 4-8-2008 by Ord. No. 08-11]
D.
Military training or special duty leaves of absences
shall not be deducted from vacation leave or in any other way result
in loss of seniority, accumulated sick leave or any other benefits
provided to County employees. Military training regularly scheduled
on the weekend may be deducted from the annual 20 days of military
leave, vacation leave or taken without pay as the discretion of the
employee, if he/she is normally scheduled to work on weekends.
[Amended 4-8-2008 by Ord. No. 08-11]
E.
Any permanent employee who is a member of an organized
military reserve of the United States or the National Guard and who
is ordered to perform emergency duty under the supervision of the
United States Government or the State of Delaware shall be granted
a leave of absence during the period of such activity. Any such employee
shall receive the pay differential in the amount by which the employee's
normal wages, calculated on the basis of a standard work week, exceeds
any pay received as a result of performing duty. A copy of the employee's
military pay voucher shall be submitted with his/her request for pay
differential compensation.
A.
Compassionate leave time of five working days shall
be granted to an employee upon the death of a lawful spouse, child,
stepchild, foster child, parent or stepparent. Compassionate leave
of three days, consisting of the day before, the day of and the day
after the funeral shall be granted to employees upon the death of
any other member of the immediate family or other person with whom
the employee has made his/her home at the time of death.
B.
Leave due to the death of a near relative shall be
deducted from sick leave. If the funeral services are held on an employee's
scheduled workday, within a fifty-mile radius of where the employee
resides, sick leave shall be limited to one workday, consisting of
the day of the funeral. If the funeral services are held between 50
and 200 miles from where the employee resides, two consecutive workdays
of sick leave shall be permitted, consisting of the day of and the
day after the funeral. If the funeral services are held over 200 miles
from where the employee resides, three workdays of sick leave shall
be permitted, consisting of the day before, the day of and the day
after the funeral. Absences beyond three days shall be charged to
vacation or taken as unpaid leave. If the funeral is held on an unscheduled
workday or holiday, additional scheduled workdays will not be permitted
unless it falls within the guidelines of the day before, the day of
and the day after the funeral.
C.
Compassionate leave shall be granted only to employees
who actually attend or personally plan the family member's funeral
service. Employees may be required to submit a copy of the family
member's death certificate or a statement of attendance from the funeral
director.
D.
Unclassified employees shall be granted compassionate
leave without loss of pay, vacation, sick leave or personal leave
to attend funeral services, memorial services or a viewing for subordinates,
coworkers, professional associates, colleagues, elected officials
and dignitaries.
E.
Permanent part-time employees shall be granted compassionate
leave at 50% of the allowable rate of permanent full-time employees.
A.
Any County employee whose place of employment is in
a town wherein he/she is a resident, active volunteer fireman may,
with the approval of his/her department head, be permitted to respond
to fire calls during his/her regular hours of employment without loss
of pay, vacation leave, sick leave or personal leave.
B.
Any employee may be placed on an administrative leave
of absence with pay by the Personnel Director for such time as is
required to conduct an investigation into alleged misconduct, performance
deficiencies, repeated violation of rules, policies or procedures
approved by the department head or Levy Court or arrest for a felony
or Class A misdemeanor; to review documents or documentation; to evaluate
job-related qualifications; to research charges or claims; or any
other reason. While on administrative leave the employee shall be
prohibited from engaging in any job responsibilities or visiting the
work site unless specifically directed in writing. Administrative
leave shall not be construed as an adverse disciplinary action and
the employee shall continue to receive all employee benefits. Placement
on administrative leave during a continuing investigation shall extend
as necessary the amount of time permitted for the Personnel Director
or department head to take disciplinary action.
C.
Any employee may apply for, and the Personnel Director
may grant, a leave of absence without pay for personal and/or undisclosed
reasons for a period or periods not to exceed 30 days in any calendar
year. Such leave of absence requests shall be submitted to the department
head for consideration by the Personnel Director. Employees must have
used all accrued vacation before applying for a personal leave of
absence.
D.
A permanent or permanent part-time employee ordered
to serve as a juror or witness in a court of law shall be permitted
a leave of absence from his/her regular position during his/her regular
working hours for this purpose without loss of pay. Employees scheduled
to work at times other than normal working hours shall be afforded
a rest period of at least eight hours before a scheduled appearance
in a court of law as a juror or witness. Employees are expected to
return to work, if so scheduled, upon completion of his/her obligation
to the court of law.
E.
A disability leave of absence without pay may be granted
or assigned for up to nine months by the Personnel Director, if the
employee's previous service warrants favorable consideration and medical
statements indicate the employee is likely to return to work at the
completion of the leave and the employee has some temporary disability,
has suffered a work-related physical injury, is required to be absent
because of physical or mental disability, or if such illness requires
the intensive care of a member of his/her immediate family. Employee
requests for a leave of absence shall be submitted to the department
head for consideration by the Personnel Director.
F.
Leaves of absence without pay may be granted up to
12 months, and may be approved by the Personnel Director if the employee
proposes to embark upon a course of study or training for improving
the quality of his/her service. Such leave of absence requests shall
be submitted to the department head for consideration by the Personnel
Director.
G.
Any employee is entitled to a leave of absence for
up to seven working days to serve as a bone-marrow donor and/or up
to 30 working days to serve as an organ donor without loss of or reduction
of pay, leave to which otherwise entitled, credit for time or service
or performance appraisal evaluation.
[Added 10-10-2000 by Ord. No. 00-24]
Except as specifically provided herein, any
personnel-related policy duly adopted by the Kent County Levy Court,
as amended from time to time and to the extent not inconsistent herewith,
shall be and is hereby incorporated into this chapter.
This chapter shall become effective on July
1, 1999.
