080309August 3, 2009
The Randolph County Board of Commissioners met in regular session at 4:00 p.m. in the
Commissioners Meeting Room, County Office Building, 725 McDowell Road, Asheboro, NC.
Commissioners Holmes, Frye, Haywood, Kemp and Lanier were present. Rev. Wallace Jarrell gave
the invocation, and everyone recited the Pledge of Allegiance.
Recognition of Retiree
Chairman Holmes recognized Kaye Atwood for 261/2 years of service to the Randolph County
Social Services Department and presented her with an engraved clock.
Special Recognition—Randolph Community College
Chairman Holmes recognized Randolph Community College (RCC) for meeting "Exceptional
Institutions Performance" standards in the annual accountability measures for North Carolina's 58
community colleges for the 2007-08 academic year. The Chairman called on Dr. Robert
Shackleford, RCC President, to elaborate. Dr. Shackleford said that RCC was one of 11 community
colleges out of NC's 58 community colleges to meet these standards.
County Attorney Darren Allen introduced Tristan Routh, who is interning this summer with Wilhoit,
Pugh & Allen, LLP law firm. Mr. Routh is a graduate of Eastern Randolph High School, UNC -
Chapel Hill and is currently attending UNC -Chapel Hill Law School.
Public Comment Period
Pursuant to N.C.G.S. § 153A-52.1, Chairman Holmes opened the floor for public comment.
Michael Coblin, Attorney for Moore & Van Allen law firm in Charlotte, NC, invited the
Commissioners to a Climate Change Forum on August 14 in Greensboro, NC for an in-depth
discussion of the climate change and energy legislation currently being debated in Congress and its
potential impact on North Carolina businesses.
Piedmont Authority for Regional Transportation (PART) Update
Vice Chairman Darrell Frye said that the new PART "Zoo Bus" is becoming more and more
popular, according to ridership numbers. The route from the McDowell Rd. lot to the Zoo was added
to the PART bus schedule in July.
Approval of Consent Agenda
On motion of Haywood, seconded by Lanier, the Board voted unanimously to approve the
Consent Agenda, as follows:
• approve minutes of regular meeting of July 6, 2009;
• approve Budget Amendment #I for Encumbrances, as follows:
2009-2010 BUDGET ORDINANCE
General Fund—Amendment #1
Revenue
Increase
Appropriated Fund Balance
$967,440
Appropriations
Increase
Administration
$ 6,201
Information Technology
20,181
Tax
19,409
Register ofDeeds
41,134
Public Buildings -Maintenance
46,148
Sheriff
597,903
Emergency Services
39,500
Planning and Zoning
1,800
Cooperative Extension Service
5,900
Public Works
68,969
Public Health
25,792
Social Services
92,531
Public Library
1,972
Emergency Telephone Fund
Revenue
Increase
Appropriated Fund Balance
$ 728
Appropriations
Increase
E911 Services
$728
reappoint James Dalton Bowman, John Waugh, and appoint Hal Younts to the Climax Fire
Protection District Commission;
reappoint Barry Ward, William Oliver Collier and John Shepherd to the Julian Fire Protection
District Commission;
adopt DOT Resolution adding Vista Parkway Extension, in the Brentwood Park Subdivision, to
State Roads System, as follows:
WHEREAS, the Department of Transportation has investigated Vista Parkway Extension in the
Brentwood Park Subdivision; and
WHEREAS, the subject street has been found to meet minimum requirements for addition.
NOW, THEREFORE, BE IT RESOLVED by the Randolph County Board of Commissioners that
Vista Parkway Extension in the Brentwood Park Subdivision be added to the Division of Highways'
Secondary Road System.
reappoint Bob McDuffie to the Piedmont Triad Regional Water Authority;
approve NCACC appointment of Commissioner Darrell Frye to NCACC Board of Directors,
representing District IL
Change to New Business
Chairman Holmes announced the following additions to the Agenda: Item F. Presentation of
Offer to Purchase County Property and Item G. Presentation of Proposed Historic Landmark
Monument Design and Narrative for Historic Courthouse.
Update on Recovery Zone Bond Program
Bonnie Renfro, Randolph County Economic Development Corporation President, said that on
June 12, 2009, the IRS released information on two financing options created by the American
Recovery and Reinvestment Act of 2009: Recovery Zone Economic Development Bonds and
Recovery Zone Facility Bonds. The two programs are an effort to stimulate economic growth and
jumpstart the availability of financing critical for economic recovery. Individual states, counties and
cities received an allocation based on the relative decline in employment during 2008.
Option 1Recovery Zone Economic Development Bonds are a subset of the newly created
"Build America Bonds." Randolph County's allocation is $7,247,000 for these bonds. They provide
a payment from the US Treasury, which pays 45% of the interest payable directly to the issuer as a
subsidy for financing qualified economic development projects. Interest on the bonds is taxable to
investors. Eligible issuers include states, counties and municipalities. One hundred percent of the
available project proceeds must be used for one or more "qualified economic development
purposes," including 1) Capital expenditures paid or incurred with respect to property located in a
recovery zone, 2) Expenditures for public infrastructure and construction of other public facilities
that promote development or other economic activity in a recovery zone, and 3) Expenditures for job
training and education programs. Any state, county or large municipality that receives an allocation
for Recovery Zone Bonds may designate a recovery zone in any reasonable manner as it shall
determine in its good faith and discretion.
Option 2—Recovery Zone Facility Bonds are a new category of tax-exempt private activity bonds
that can be used to finance an extremely broad range of depreciable capital projects in recovery
zones. Randolph County's allocation is $10,870,000 for Recovery Zone Facility Bonds. At least
95% of the net proceeds must be used for recovery zone property. Recovery zone bonds can be used
for 1) depreciable property located in a recovery zone, 2) Constructed, renovated, or acquired after
recovery zone designation takes place, 3) or used by the private taxpayer within the zone.
These bonds are similar to industrial development bonds in that the eligible private taxpayer/
private company is the borrower and has responsibility to pay the interest and debt. The government
has no obligation to repay the debt or interest. The advantage to the borrower is a lower cost of
financing in that the bonds are tax-exempt.
Ms. Renfro recommended that the Board designate all of Randolph County as a recovery zone
and asked that it be done as soon as possible. She also asked that the Board appoint an Advisory
Committee to oversee these programs.
The Commissioners directed the Clerk to place these items on their September agenda.
Approval of Changes to Personnel Ordinance
Kim Newsom, Personnel Director, presented proposed changes to the Randolph County Personnel
Ordinance. These proposals reflect necessary actions as a result of new legislation such as the Family
Medical Leave Act (FMLA). FMLA is the biggest change, and it is the direct result of Federal
legislation. The proposed changes will bring our Ordinance in compliance with the new law. Also,
the Office of State Personnel and the North Carolina Administrative Code have rewritten the
provision for Career Status, and they are effective May 1, 2009. These administrative rules impact
our employees who are subject to the State Personnel Act (Health Department and Department of
Social Services). Changes were also needed due to general business functions, including matters of
leave and Workers' Compensation. Also included are new provisions to address several areas such as
Whistle Blower protections, defining Conflict of Interest, garnishments, search and seizure
provisions, Special Separation Allowance for law enforcement officers, allowance of disciplinary
action for failure to pay taxes on time, and a few general updates.
On motion of Frye, seconded by Haywood, the Board voted unanimously to approve the Personnel
Ordinance changes, as presented and as follows, effective August 1, 2009. (Note: A summary and
explanation of these changes can be found in the meeting file located in the Clerk's office)
1. Career Status (for appeal rights) for employees subject to State Personnel Act Amend Article 1,
Organization of Personnel System; Section 3, Definitions to add the following definition and to re -letter
the other definitions accordingly:
C. Career Status. Employees who are subject to the State Personnel Act are afforded rights of appeal
to the Office of State Personnel once they achieve career status. Career status for these employees
is achieved when an employee has completed 24 continuous months of employment in a position
subject to the State Personnel Act, whether as employees of Randolph County government or as
employees of another office or agency. However, when an employee transfers to another office or
agency, that employee's career status is suspended during his/her probationary period and restored
upon successful completion of the probationary period if the transfer was completed within 31
calendar days. Career status is lost when an employee experiences a break in service of more than
31 days. (25NCAC OIL 2002)
Amend Article IX, Grievance and Conflict Resolution; Section 4, Employees Subject to the State
Personnel Act, Item A to read as follows:
A. Employees subject to the State Personnel Act must exhaust the County grievance procedure
contained in Section 2 of this Article and must achieve career status before appealing to the Office
of State Personnel except for complaints alleging harassment or discrimination.
2. Whistleblower Policy Amend Article I, Organization of Personnel System; Section 8, Responsibility of
County Employees; Part J to read as follows:
J. Reporting to the Department Head or Personnel Director inappropriate, illegal, or unethical
behaviors such as safety violations, discriminatory actions, unlawful workplace harassment, etc.
Employees making such reports (i.e. whistleblowers) shall be afforded protection in two important
areas, confidentiality and retaliation. Insofar as possible, the confidentiality of the whistleblower
will be maintained. However, identity may have to be disclosed to conduct a thorough investigation,
to comply with the law, and to provide accused individuals their legal rights of defense. The County
will not retaliate against a whistleblower. This includes, but is not limited to, protection from
retaliation in the form of an adverse employment action such as termination, reduction in
compensation or poor work assignments and threats of physical harm. Any whistleblower who
believes that he is being retaliated against must contact the Personnel Director immediately. The
right of a whistleblower against retaliation does not include immunity for any personal wrongdoing
that is alleged and investigated.
3. Conflict oflnterest Amend Article V, Conditions of Employment; Section 4, Conflict oflnterest opening
paragraph to read as follows:
It shall be the policy of Randolph County that no Manager, Department Head, Supervisor or
employee may use his position, or the knowledge gained therein, in such a manner that a conflict
between Randolph County's interests and his personal interests should arise. All employees must
recognize that as members of Randolph County government, they are keepers of the public trust.
Both the fact and the appearance of conflicting interests are to be avoided.
4. Search/Seizure of Employee's Property Amend Article V, Conditions of Employment to add new section
as follows:
Section 11. Search and Seizure of County Property.
Searches and seizures are to be conducted in a legal manner. Randolph County reserves
the right to conduct searches or inspections of County property assigned to an employee
whenever a Department Head or his designee determines that the search is reasonable
under all the circumstances.
5. Vacation Leave Amend Article VI, Leave Policies; Section 2, Vacation Leave; Part H, Previous Leave
Credit to read as follows:
1. A former employee who separated in "Good Standing, " as defined in Article VIII of this Ordinance,
and is reinstated within three (3) years may receive credit for previous Randolph County service for
the purpose of accruing vacation leave. The total months of previous service time will be recognized
when the employee has been back in County service for twelve (12) months.
2. An employee who transfers to Randolph County from another North Carolina governmental agency
or entity (that is a member of the NC retirement systems) without a break in service of more than
thirty-one (31) days from his last day worked with the previous jurisdiction may be credited with
prior service credit up to a maximum of 15 years for the purpose of accruing vacation leave. The
total months of previous service time will be recognized when the employee has successfully
completed twelve (12) months ofservice with Randolph County.
6. Sick Leave Amend Article VI, Leave Policies; Section 3, Sick Leave; Part A, Policy; Item 4 by adding
the following to the end of the item:
"For the purposes of this section, the terms "spouse" "child" or `parent" shall be defined in
accordance with the definitions provided in Section 4, Part C (Family Medical Leave Act Definitions)
of this Article. "
7. Transfer of Sick Leave from Other Agencies Amend Article VI, Leave Policies; Section 3, Sick Leave;
Part F, Transfer from Other Agencies to read as follows:
Unused sick leave earned from another North Carolina governmental agency and/or entity (i.e. a
member of the North Carolina Local Government Employees' Retirement System, North Carolina
Teachers' and State Employees' Retirement System, or other retirement systems authorized by the
North Carolina Retirement Systems) shall be accepted and transferred to Randolph County according
to the following provisions:
1. For sick leave to be accepted as transferred, the employment transfer must be completed within
three (3) years from the employee's last workday with the previous agency/entity.
2. Verification of said accumulated sick leave must be received in writing from the previous
authorized jurisdiction. Verification received in hours and minutes will be converted to the
nearest whole hour.
3. The total number of hours accepted as transferred will be recorded and credited to the
employee's sick leave account upon the completion of twelve (12) months of employment with
Randolph County.
Amend Article VI, Leave Policies; Section 3, Sick Leave; Part G, Separated Employees to read as
follows:
G. Reinstated Employees.
Employees who resign and are reinstated with Randolph County within three (3) years shall have
their unused sick leave balance reinstated to their sick leave account when the employee has been
back in County service for twelve (12) months. Employees who resign and are not reinstated with
Randolph County within a three (3) year period shall lose all sick leave credits.
8. FMLA Issues Amend Article VI, Leave Policies; Section 4, Family Medical Leave Act (FMLA); Part B,
Eligible Employees; Section 1, Regular Employees by adding the following:
d. because of a "qualifying exigency" arising out of a covered family member's active duty or
call to active duty in the Armed Forces in support of a contingency plan; or
e. because the employee is needed to care for a covered family member who has incurred an
injury or illness in the line of duty while on active duty in the Armed Forces provided that
such injury or illness may render the family member medically unfit to perform duties of the
member's office, grade, rank or rating; provided however that an eligible employee may take
up to 26 workweeks of leave during a single 12 -month period to care for the service member.
Amend Article VI Leave Policies; Section 4, Family Medical Leave Act (FMLA); Part C, Definitions
to read as follows:
1. Child A biological, adopted, or foster child, stepchild, a legal ward, or a child of a person
standing "in loco parentis, " who is either under age 18, or age 18 or older and incapable of
self-care because of a mental or physical disability.
2. Comp -time. Reflects compensatory time identified as earned overtime that has not been paid
and earned holiday time that has not been paid.
3. Continuing treatment by a healthcare provider. Consists of one or more of the following:
a. A period of incapacity lasting more than three (3) consecutive, full calendar days, and any
subsequent treatment or period of incapacity relating to the same condition that also
includes:
(1) treatment two (2) or more times by or under the supervision of a health care provider
(i.e. in-person visits, the first within 7 days and both within 30 days of the first day of
incapacity); or
(2) 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, etc.).
b. Any period of incapacity related to pregnancy or prenatal care. A visit to the health care
provider is not necessary for each absence.
c. Any period of incapacity or treatment for a chronic serious health condition which continues
over an extended period of time, 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.
d. 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.
e. 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 (3) days if not treated.
4. County. Randolph County.
S. Covered family member. For military caregiver leave, a covered family member is the spouse,
son, daughter, parent, or next of kin of an employee who 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 illness or injury.
6. Department Head The Department Head of the department in which the employee is assigned,
or if the employee is assigned to work -for more than one department, the Department Head of
the department in which the employee is assigned for the greater part of the workweek.
7. Parent. A biological parent or an individual who stands or stood in "loco parentis" to an
employee when the employee was a child. This term does not include parent "in-law. "
8. Qualifying Exigency. An eligible employee may take FMLA leave for qualifying exigencies
arising out of the fact that the employee's spouse, son, daughter, or parent is on active duty or
has been notified of an impending call or order to active federal duty in the National Guard or
Reserves, in support of a contingency operation. Qualifying exigencies may include any of the
following as defined in federal law:
a. Issues arising from a covered military member's short notice deployment (i.e. deployment on
7 or less days of notice) for a period of 7 days from the date of notification;
b. Military events and related activities;
c. Certain childcare and related activities;
d. Making or updating financial and legal arrangements;
e. Attending counseling provided by someone other than a healthcare provider;
f. Taking up to S days of leave to spend time with a covered military member who is on short-
term temporary, rest and recuperation leave during deployment;
g. Attending to certain post -deployment activities; and
h. Any other event that the employee and employer agree is a qualifying exigency.
9. Serious health condition. This refers to an illness, injury, impairment, or physical or mental
condition that involves either:
a. Inpatient care (i.e. an overnight stay) in a hospital, or residential medical -care facility,
including any period of incapacity (i.e. inability to work, attend school/workshops, or
perform other daily activities) or subsequent treatment in connection with such inpatient
care; or
b. Continuing treatment by a health care provider (see Definition 3 above).
10. Spouse A husband or wife as defined or recognized under North Carolina law for purpose of
marriage.
Amend Article VI Leave Policies; Section 4, Family Medical Leave Act (FMLA); Part D, Leave
Charges to read as follows:
1. For the birth of a child, the parents shall exhaust all available vacation leave and accrued
comp -time before going on leave without pay, except that sick leave may be used during the
period of disability.
2. For the adoption of a child or becoming foster parents, the parents shall exhaust all vacation
leave and accrued comp -time before going on leave without pay.
3. For the employee's personal illness or for the illness of an employee's child, spouse, or parent,
the employee shall exhaust available sick and vacation leave and accrued comp -time before
going on leave without pay.
4. For a qualifying exigency family member's active duty or call to active duty, the employee shall
exhaust available vacation leave and accrued comp -time before going on leave without pay.
S. For the injury or illness of an employee's covered family member who has incurred such injury
or illness in the line of duty while on active duty in the Armed Forces, the employee shall
exhaust available sick and vacation leave and accrued comp -time before going on leave without
pay.
6. Periods of paid leave and accrued comp -time shall be counted as all or part of the Family and
Medical Leave authorized by this Section.
7. Leave without pay beyond the approved Family and Medical Leave period will be administered
under Section S of this Article.
Amend Article VI Leave Policies, Section 4, Family Medical Leave Act (FMLA), Part F, Employee
Responsibility to add items as follows:
1. The employee should notify his Supervisor and/or Department Head of the need for Family and
Medical Leave as soon as the need for said leave becomes known or foreseeable.
2. The employee should complete and return all required forms provided by the County in a timely
manner. Failure to provide a complete and sufficient medical certification, in accordance with
the forms provided, may result in a denial of the employee's FMLA request.
3. Failure to report at the expiration of the leave, unless an extension has been requested and
granted, shall be considered as a resignation.
4. If, at any point during FMLA leave, the employee decides not to return to work, the employee
shall notify his Department Head immediately in order that his position may be filled.
S. When required by the County, the employee shall provide a fitness for duty statement from his
health care provider prior to returning to work.
9. Workers' Compensation Amend Article VI Leave Policies; Section 6, Workers' Compensation Leave;
Item A, to read:
A. Probationary and Regular Employees
When any probationary or regular employee is injured as a result of a compensable accident or
occupational illness covered by the Workers' Compensation Law the following procedures will apply:
1. When an employee is injured on the job as a result of a compensable injury or occupational
illness and loses time from work while seeking medical attention due to the injury, the employee
shall not be charged leave for time lost from work on the day of the injury.
2. Injured employees are expected to return to work -following the initial medical treatment at our
designated initial provider unless the treating physician indicates the employee must go home for
the day.
3. In situations where the employee cannot return to work, the employee will be paid full salary for
normal working hours on the day of the injury.
4. Time lost due to follow-up appointments after return to full duty with no restrictions will be
charged to employee leave accounts. The employee is expected to make every effort to schedule
such appointments either at the beginning or the end of his regular workday so as to minimize the
amount of time needed away from work.
S. If the injury results in additional time away from work, the employee will be placed on Worker's
Compensation Leave, and receive the Worker's Compensation weekly benefits after the required
waiting period.
6. All Workers' Compensation leave will also be charged as Family Medical Leave pursuant to the
Family Medical Leave Act.
7. The employee may elect to take sick or annual leave during the required seven (7) day waiting
period or may elect to go on Workers' Compensation Leave with no pay for the required waiting
period.
8. Once an employee begins drawing Workers' Compensation pay, the employee will not be allowed
to receive pay for annual leave or sick leave in addition to Workers' Compensation payments.
9. Health benefits provided by the County to an employee will continue to be provided while on
Workers' Compensation Leave for up to one (1) year. After that period, the employee may elect
to continue the health benefits by electing COBRA. (Upon his / her return to work, the
employee's health benefits will become effective without a waiting period).
10. Employees receiving Workers' Compensation benefits will not accrue vacation or sick leave and
their local government retirement and 401k benefits are not paid during this period.
10. Shared Leave Amend Article VI Leave Policies; Section 10, Shared Leave Policy; Item A to read as
follows:
A. Purpose
This policy provides an opportunity for employees to assist another employee affected by a serious
health condition of the employee or his/her spouse that results in loss of income following exhaustion
of accumulated leave for a prolonged period of time (ten (10) calendar days or more).
11. Retiree's Health Insurance Amend Article VII. Employee Benefits, Section 1, Group Life / Health
Insurance, Part B, Group Health Insurance, Section 2. Retirees' Health Insurance and add a new Item k
to read as follows:
k. This program maybe modified or terminated at anytime by Randolph County.
12. 401K additions Amend Article VII, Employee Benefits; Section 4, Retirement Benefits; Part A, Regular
Employees by adding new Item 3 as follows:
3. When an employee joins the Local Government Retirement System, he becomes eligible to receive
a supplemental retirement income plan (401K) contributed at the rate set by the County
Commissioners.
13. Special Separation Allowance Amend Article VII, Employee Benefits; Section 4, Retirement Benefits;
Part B, Law Enforcement Officers; Section 1, Separation Allowance; Item b to read as follows:
The separation allowance ceases when the officer reaches age 62, dies, or is employed in a position, with
any local government, requiring participation in the North Carolina Local Government Employees'
Retirement System.
14. Garnishment Issues Amend Article VIII, Disciplinary Actions, Separation, and Reinstatement; Section 1,
Disciplinary Actions; Part A, General Provisions; Section 3(c), Unacceptable Personal Conduct by
adding a new Item 10 as follows:
(10) failure to pay County taxes before such taxes become past due.
Approval of Easement to City of Trinity
Public Works Director David Townsend, III said that the City of Trinity has requested an
easement across County property adjacent to Trinity High School for a sewer line. Bob Wilhoit,
Trinity's attorney, said that his title search indicated that the property was part of a Certificates of
Participation (COPS) financing several years ago in which the school property is considered
collateral and will be owned by the County until the debt is paid off and then will be deeded over to
the County Board of Education.
On motion of Frye, seconded by Haywood, the Board voted unanimously to grant an easement to
the City of Trinity across County -owned property on the western side of Trinity Drive and
authorized the Chairman to sign the easement.
Approval of Red Flat Rules Policy to Prevent Identity Theft (EMS, Health Department, Tax
Dept.)
Aimee Scotton, Associate County Attorney, said that recently, several federal agencies jointly
issued a new set of regulations intended to help prevent, detect, and mitigate identity theft. These
regulations, known collectively as the "Red Flag Rule" require the entities they cover to develop policies
and procedures to recognize and respond to circumstances that may indicate that an identity theft has
occurred. These rules mostly apply to financial institutions and private creditors, but where non-profit and
government entities defer payment for goods or services, they too are considered to be creditors. In
Randolph County, the following departments defer payment for services rendered: the Health Department
and Emergency Services. Since the Tax Department bills for ambulance services, it is included as a
creditor as well. The Red Flag Rule requires covered creditors to implement an "Identity Theft Prevention
Program," which contains reasonable policies and procedures to: 1) identify relevant Red Flags for new
and existing covered accounts and incorporate those Red Flags into the Program; 2) detect Red Flags that
have been incorporated into the Program; 3) respond appropriately to any Red Flags that are detected to
prevent and mitigate identity theft; and 4) ensure the Program is updated periodically to reflect changes in
risks to customers or to the safety and soundness of the creditor from identity theft.
On motion of Frye, seconded by Lanier, the Board voted unanimously to approve Red Flag Rule
Policies for Identity Theft Prevention for Emergency Services/Tax Department and Public Health
Department, as follows, effective August 1, 2009:
EMERGENCYSERVICES & TAX DEPARTMENT
I. PROGRAM ADOPTION --The Randolph County Emergency Services Department and the ambulance
billing division of the Randolph County Tax Department (collectively "the Department") developed this
Identity Theft Prevention Program ("Program") pursuant to the Federal Trade Commission's Red Flags Rule
("Rule"), which implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003. 16
C.F.R.§ 681.2. This Program was approved by the Randolph County Board of Commissioners on August 3,
2009, and is effective August 1, 2009.
II. PROGRAM PURPOSE AND DEFINITIONS
A. Fulfilling requirements of the Red Flags Rule --Under the Red Flag Rule, every creditor is required
to establish an "Identity Theft Prevention Program" tailored to its size, complexity and the nature of
its operation. Each program must contain reasonable policies and procedures to:
1. Identify relevant Red Flags for new and existing covered accounts and incorporate those Red Flags
into the Program;
2. Detect Red Flags that have been incorporated into the Program;
3. Respond appropriately to any Red Flags that are detected to prevent and mitigate Identity Theft;
and
4. Ensure the Program is updated periodically, to reflect changes in risks to customers or to the safety
and soundness of the creditor from Identity Theft.
Randolph County Emergency Services is committed to providing all aspects of our service and
conducting our business operations in compliance with all applicable laws and regulations. The
Department provides ambulance services that involve transactions in which payment is not made until
after the services are rendered and therefore have "covered accounts" under this Rule. However, due to
the nature of these services, it is critical that no barriers are raised to accessing emergency services. In
Randolph County, although the ambulance services are provided by the Emergency Services Department,
billing on these accounts is handled by a division of the Tax Department. The provisions of this Program
therefore apply to both the Emergency Services Department and the Tax Department as applicable.
A. Red Flags Rule definitions used in this Program
In this Program, the term "Department" is used to refer to both the Randolph County Emergency
Services Department and to the division of the Randolph County Tax Department that handles billing for
ambulance services. The term "Director" is used to refer both to the Randolph County Emergency
Services Director and the Randolph County Tax Administrator.
The Red Flags Rule defines "Identity Theft" as "fraud committed using the identifying information
of another person" and a "Red Flag" as a pattern, practice, or specific activity that indicates the possible
existence of Identity Theft.
According to the Rule, a county emergency services department is a creditor subject to the Rule
requirements. The Rule defines creditors "to include finance companies, automobile dealers, mortgage
brokers, utility companies, and telecommunications companies. Where non-profit and government entities
defer payment for goods or services, they, too, are to be considered creditors."
Under the Rule, a "covered account" is:
1. Any account the Department offers or maintains primarily for personal, family or household
purposes, that involves multiple payments or transactions; and
2. Any other account the Department offers or maintains for which there is a reasonably foreseeable
risk to customers or to the safety and soundness of the Department from Identity Theft.
"Identifying information" is defined under the Rule as "any name or number that may be used,
alone or in conjunction with any other information, to identify a specific person," including: name,
address, telephone number, social security number, date of birth, government issued driver's license or
identification number, alien registration number, government passport number, employer or taxpayer
identification number, unique electronic identification number, computer's Internet Protocol address, or
routing code.
B. IDENTIFICATION OF RED FLAGS. --In order to identify relevant Red Flags, the Department
considered the types of accounts that it offers and maintains and which if those are "covered accounts"
under this Rule, the methods it provides to initiate or access its accounts, and its previous experiences
with Identity Theft. The Department identifies the following red flags, in each of the listed categories:
A. Suspicious Documents
Red Flags
1. Identification document or card that appears to be forged or altered;
2. Identification document or card on which a person's photograph or physical description is not
consistent with the person presenting the document; and
3. Other document with information that is not consistent with existing customer information (such
as if a person's signature on a check appears forged).
B. Suspicious Personal Identifying Information
Red Flags
1. Identifying information presented that is inconsistent with other information the customer
provides (example: inconsistent birth dates);
2. Identifying information presented that is the same as information shown on other applications that
were found to be fraudulent;
3. Social security, Medicaid number or other insurance number presented that is the same as one
given by another customer;
4. Address of telephone numbers given by a customer are the same or similar to those of other
customers, particularly recent ones;
5. Customer provides an insurance number but never produces an insurance card or other physical
documentation of insurance; and
6. A person's identifying information is not consistent with the information that is on file for the
customer.
C. Suspicious Account Activity or Unusual Use of Account
Red Flags
1. Mail sent to the account holder is repeatedly returned as undeliverable;
2. Customer notifies agency she/he is not receiving mail sent by the Department;
3. Patterns of activity on payment accounts that are inconsistent with prior history;
4. Increase in the volume of inquiries to an account;
5. Attempt to access an account by persons who cannot provide authenticating information;
6. Requests for additional authorized users on an account shortly following a change of address;
7. Nonpayment on the first payment on an account;
8. A complaint or question from a customer based on the customer's receipt of:
a. a bill for another individual;
b. a bill for service that the customer denies receiving;
c. a bill from a health care provider that the customer never utilized;
d. a notice of insurance benefits (or Explanation of Benefits) for health services never received;
or
e. a customer or insurance company report that coverage for legitimate healthcare service is
denied because insurance benefits have been depleted or a lifetime cap has been reached.
9. Inactivity on an account for an unreasonably lengthy period of time.
D. Alerts from Others and Security Breaches
Red Flag
1. Notice to the Department that an account has unauthorized activity;
2. Breach in the Department's computer system activities;
3. Unauthorized access or use of customer account information;
4. Dispute of a bill by a customer who claims to be a victim of any type of Identity Theft; and
5. Notice to the Department from a customer or law enforcement that Identity Theft has occurred.
C. PREVENTING AND MITIGATING IDENTITY THEFT --In the event that any Department
employee responsible for or involved in establishing or updating "covered accounts" or accepting
payment for a "covered account" becomes aware of Red Flags indicating possible identity theft, the
employee shall use his or her discretion to determine whether such Red Flag or a combination of Red
Flags suggest a threat of identity theft. In doing so, the employee shall consider whether the Red Flag
may be accounted for by the cultural norms of the customer. If the employee, in his or her discretion,
determines that identity theft or attempted identity theft is likely, the employee shall immediately report
such Red Flag(s) to his/her Supervisor. If the employee deems that identity theft is unlikely or that
reliable information is available to reconcile the Red Flag(s), the employee shall convey that information
to his/her Supervisor, who at his/his discretion may determine that no further action is needed. If the
Supervisor determines that further action is needed, a Department employee shall perform one or more
of the following, as determined to be appropriate by his/her Supervisor:
Prevent and Mitigate
1. Continue to monitor an account for evidence of Identity Theft;
2. Contact the customer;
3. Change any passwords or other security devices that permit access to accounts;
4. Reopen an account with a new number;
5. Cease attempts to collect additional payment from the customer; or
6. Notify law enforcement
Protect customer identifying information
In order to further prevent the likelihood of identity theft occurring with respect to covered accounts,
the Department will take the following steps with respect to its internal operating procedures to protect
customer identifying information:
1. Ensure complete and secure destruction of paper documents and computer files containing
customer information;
2. Ensure that office computers are password protected and that computer screens lock after a set
period of time;
3. Ensure that papers containing customer information are appropriately stored and are not seen by
those who should not have access;
4. Ensure computer virus protection is up to date; and
5. Require and keep only the kinds of customer information that are necessary for the provision of
service or to comply with laws and regulations, including records retention schedules.
D. PROGRAM UPDATES --This Program will be annually reviewed and updated to reflect changes in
risks to customers and the soundness of the Department from Identity Theft. In doing so, the Director
will consider the following factors:
1. the Department's experiences with Identity Theft situation;
2. changes in Identity Theft methods;
3. changes in Identity Theft detection and prevention methods;
4. changes in types of accounts the Department maintains; and
5. changes in the agency's service provider arrangements.
After considering these factors, the Director will determine whether changes to the Program,
including the listing of Red Flags, are warranted. If warranted, the Director will update the Program and
share any changes with the County Manager.
VL PROGRAM ADMINISTRATION.
A. Oversight --Supervisors shall be responsible for oversight of the program and for program
implementation. The Director is responsible for reviewing reports prepared by staff regarding
compliance with Red Flag requirements and/or recommending changes to the program. Supervisors
shall report to the Director at least annually on compliance with the Red Flag requirements. The report
will address issues such as:
1. effectiveness of the policies and procedures in addressing the risk of identity theft in connection
with "covered accounts;"
2. changes in service provider arrangements;
3. significant incidents involving identity theft and management's response; and
4. recommendations for changes in the program.
B. Staff Training and Reports --The Director shall be responsible for assuring that training of all
Department employees responsible for or involved with "covered accounts" with respect to the
implementation and requirements of the Identity Theft prevention program. The Director shall exercise
discretion in determining the amount and substance of training necessary.
C. Service Provider Arrangements --In the event the Department engages an outside service provider
to perform an activity in connection with one or more accounts, the Department will take the following
steps to ensure the service provider performs its activity in accordance with reasonable policies and
procedures designed to detect, prevent, and mitigate the risk of Identity Theft.
1. Require, by contract, that service providers have such policies and procedures in place; and
2. Require, by contract, that service providers review the Department's Program and report any Red
Flags to the Director.
HEALTH DEPARTMENT
PROGRAM ADOPTION --The Randolph County Health Department ("the Department") developed
this Identity Theft Prevention Program ("Program") pursuant to the Federal Trade Commission's Red
Flags Rule ("Rule"), which implements Section 114 of the Fair and Accurate Credit Transactions Act of
2003. 16 C.F.R. § 681.2. This Program was approved by the Randolph County Board of Commissioners
on August 3, 2009, by the Randolph County Board of Health on August 10, 2009, and is effective
August 1, 2009.
II. PROGRAM PURPOSE AND DEFINITIONS
A. Fulfilling requirements of the Red Flags Rule
Under the Red Flag Rule, every creditor is required to establish an "Identity Theft Prevention Program"
tailored to its size, complexity and the nature of its operation. Each program must contain reasonable
policies and procedures to:
a. Identify relevant Red Flags for new and existing covered accounts and incorporate those Red
Flags into the Program;
2. Detect Red Flags that have been incorporated into the Program;
3. Respond appropriately to any Red Flags that are detected to prevent and mitigate Identity Theft;
and
4. Ensure the Program is updated periodically, to reflect changes in risks to customers or to the
safety and soundness of the creditor from Identity Theft.
Local health departments in North Carolina provide services that involve transactions in which payment
is not made until after the services are rendered and therefore have "covered accounts" under this rule.
However, it is important to note that public health agencies are charged with protecting the health of all
residents in their geographical jurisdiction and may seek out individuals in need of services in order to
protect the larger community. Health departments provide essential public health services to protect us
all from communicable diseases, vaccine -preventable illnesses, unwanted pregnancies and infant deaths,
just to name a few. The health of the community can only be protected if every person receives the
necessary health interventions. It is critical that no barriers are raised to accessing essential public health
services that protect health for all the people in our communities.
i. Red Flags Rule definitions used in this Program
The Red Flags Rule defines "Identity Theft" as "fraud committed using the identifying information of
another person" and a "Red Flag" as a pattern, practice, or specific activity that indicates the possible
existence of Identity Theft.
According to the Rule, a county health department is a creditor subject to the Rule requirements. The
Rule defines creditors "to include finance companies, automobile dealers, mortgage brokers, utility
companies, and telecommunications companies. Where non-profit and government entities defer
payment for goods or services, they, too, are to be considered creditors."
Under the Rule, a "covered account" is:
1. Any account the Health Department offers or maintains primarily for personal, family or household
purposes, that involves multiple payments or transactions; and
2. Any other account the Health Department offers or maintains for which there is a reasonably
foreseeable risk to customers or to the safety and soundness of the Health Department from Identity
Theft.
"Identifying information" is defined under the Rule as "any name or number that may be used, alone
or in conjunction with any other information, to identify a specific person," including: name, address,
telephone number, social security number, date of birth, government issued driver's license or
identification number, alien registration number, government passport number, employer or taxpayer
identification number, unique electronic identification number, computer's Internet Protocol address, or
routing code.
III. IDENTIFICATION OF RED FLAGS.
In order to identify relevant Red Flags, the Health Department considered the types of accounts that it
offers and maintains and which if those are "covered accounts" under this Rule, the methods it provides
to initiate or access its accounts, and its previous experiences with Identity Theft. The Health
Department identifies the following red flags, in each of the listed categories:
A. Suspicious Documents
Red Flags
1. Identification document or card that appears to be forged or altered;
2. Identification document or card on which a person's photograph or physical description is not
consistent with the person presenting the document; and
3. Other document with information that is not consistent with existing customer information (such as if
a person's signature on a check appears forged).
B. Suspicious Personal Identifying Information
Red Flags
1. Identifying information presented that is inconsistent with other information the customer provides
(example: inconsistent birth dates);
2. Identifying information presented that is the same as information shown on other applications that
were found to be fraudulent;
3. Social security, Medicaid number or other insurance number presented that is the same as one given
by another customer;
4. Address of telephone numbers given by a customer are the same or similar to those of other
customers, particularly recent ones;
5. Customer provides an insurance number but never produces an insurance card or other physical
documentation of insurance; and
6. A person's identifying information is not consistent with the information that is on file for the
customer.
B. Suspicious Account Activity or Unusual Use of Account
Red Flags
1. Mail sent to the account holder is repeatedly returned as undeliverable;
2. Customer notifies agency she/he is not receiving mail sent by the Health Department;
3. Patterns of activity on payment accounts that are inconsistent with prior history;
4. Increase in the volume of inquiries to an account;
5. Attempt to access an account by persons who cannot provide authenticating information;
6. Requests for additional authorized users on an account shortly following a change of address;
7. Nonpayment on the first payment on an account;
8. A complaint or question from a customer based on the customer's receipt of:
a. a bill for another individual;
b. a bill for service that the customer denies receiving;
c. a bill from a health care provider that the customer never utilized;
d. a notice of insurance benefits (or Explanation of Benefits) for health services never received;
or
e. a customer or insurance company report that coverage for legitimate healthcare service is
denied because insurance benefits have been depleted or a lifetime cap has been reached.
9. Inactivity on an account for an unreasonably lengthy period of time.
C. Alerts from Others and Security Breaches
Red Flag
1. Notice to the Health Department that an account has unauthorized activity;
2. Breach in the Health Department's computer system activities;
3. Unauthorized access or use of customer account information;
Dispute of a bill by a customer who claims to be a victim of any type of Identity Theft; and
Notice to the Health Department from a customer or law enforcement that Identity Theft has
occurred.
IV. PREVENTING AND MITIGATING IDENTITY THEFT --In the event that any Health Department
employee responsible for or involved in establishing or updating "covered accounts" or accepting
payment for a "covered account" becomes aware of Red Flags indicating possible identity theft, the
employee shall use his or her discretion to determine whether such Red Flag or a combination of Red
Flags suggest a threat of identity theft. In doing so, the employee shall consider whether the Red Flag
may be accounted for by the cultural norms of the customer. If the employee, in his or her discretion,
determines that identity theft or attempted identity theft is likely, the employee shall immediately report
such Red Flag(s) to his/her Supervisor. If the employee deems that identity theft is unlikely or that
reliable information is available to reconcile the Red Flag(s), the employee shall convey that information
to his/her Supervisor, who at his/his discretion may determine that no further action is needed. If the
Supervisor determines that further action is needed, a Health Department employee shall perform one or
more of the following, as determined to be appropriate by his/her Supervisor:
Prevent and Mitigate
Continue to monitor an account for evidence of Identity Theft;
Contact the customer;
Change any passwords or other security devices that permit access to accounts;
Reopen an account with a new number;
Cease attempts to collect additional payment from the customer; or
Notify law enforcement
Protect customer identifying information --In order to further prevent the likelihood of identity theft
occurring with respect to covered accounts, the Health Department will take the following steps
with respect to its internal operating procedures to protect customer identifying information:
Ensure complete and secure destruction of paper documents and computer files containing
customer information;
Ensure that office computers are password protected and that computer screens lock after a set
period of time;
Ensure that papers containing customer information are appropriately stored and are not seen by
those who should not have access;
Ensure computer virus protection is up to date; and
Require and keep only the kinds of customer information that are necessary for the provision of
service or to comply with laws and regulations, including records retention schedules.
V. PROGRAM UPDATES
This Program will be annually reviewed and updated to reflect changes in risks to customers and the
soundness of the Health Department from Identity Theft. In doing so, the Health Director will consider
the following factors:
1. the Department's experiences with Identity Theft situation;
2. changes in Identity Theft methods;
3. changes in Identity Theft detection and prevention methods;
4. changes in types of accounts the Department maintains; and
5. changes in the agency's service provider arrangements.
After considering these factors, the Health Director will determine whether changes to the Program,
including the listing of Red Flags, are warranted. If warranted, the Health Director will update the
Program and share any changes with the County Manager.
VL PROGRAM ADMINISTRATION.
A. Oversight
Supervisors shall be responsible for oversight of the program and for program implementation. The
Health Director is responsible for reviewing reports prepared by staff regarding compliance with Red
Flag requirements and/or recommending changes to the program.
Supervisors shall report to the Health Director at least annually on compliance with the Red Flag
requirements. The report will address issues such as:
1. effectiveness of the policies and procedures in addressing the risk of identity theft in connection
with "covered accounts";
2. changes in service provider arrangements;
3. significant incidents involving identity theft and management's response; and
4. recommendations for changes in the program.
B. Staff Training and Reports --The Health Director shall be responsible for assuring that training of
all Health Department employees responsible for or involved with "covered accounts" with respect to
the implementation and requirements of the Identity Theft prevention program. The Health Director
shall exercise discretion in determining the amount and substance of training necessary.
C. Service Provider Arrangements
In the event the Health Department engages a service provider to perform an activity in connection
with one or more accounts, the Health Department will take the following steps to ensure the service
provider performs its activity in accordance with reasonable policies and procedures designed to detect,
prevent, and mitigate the risk of Identity Theft.
1. Require, by contract, that service providers have such policies and procedures in place; and
2. Require, by contract, that service providers review the Health Department's Program and report
any Red Flags to the Health Director.
Award Bid for SOL Server -Based CAMA Tax Software Package
Michael Rowland, IT Director, stated that pursuant to N.C. General Statute 143-129.8, which
addresses the purchase of information technology goods and services, Randolph County issued a
request for proposals for a Tax Billing/Collections System with an Integrated CAMA (Computer
Assisted Mass Appraisal) System on July 16, 2007. Under GS 143-129.8, information technology
procurements should be based on the "Best Value" method. This means the selection of a contractor
will be determined where the trade-off between price and performance are evaluated using quality as
an integral performance factor.
Randolph County's Tax Department has used silo applications for years to manage its workload.
While the software has assisted them greatly, it also limits employee productivity. This puts a
tremendous workload upon the technical staff to manage and program mandated changes or
enhancements. CAMA currently runs on an AS/400. Since so few customers remain on the AS/400
platform, support from the vendor is limited to just a few knowledgeable staff positions. In addition,
the hardware is obsolete and needs to be replaced before the next property tax revaluation begins.
In June 2008, the Board of Commissioners approved the purchase of the IIS/NCACC software as
the replacement for Tax Billing and Collections while retaining the right to award CAMA software
to IIS/NCACC within the next 24 months. Billing and Collections was the first phase in the larger
project to update the Tax software. This part of the project has been completed, and we are now
ready to proceed with the CAMA replacement.
Per our proposal, IIS/NCACC has agreed to convert their Oracle -based CAMA software to use
SQL instead. This conversion is expected to be completed by April 1, 2010 and for the entire project
to be completed by December 31, 2010. Therefore, IIS/NCACC was deemed "Best Value" for
Randolph County. A breakdown of IIS/NCACC's bid follows:
Vendor: IIS
Billing/Collection
CAMA NCACC Fee
Software
30,000
124,161
Other Services
383,832
544,875
Hardware/OS
85,697
28,965
Total
499,529
698,001
1St Yr Maintenance. Costs
40,000
58,092 25,000
Grand Total
539,529
756,093
Mr. Rowland recommended that the County Commissioners award this phase of the bid to
IIS/NCACC for a SQL server -based CAMA software package at a cost of $756,093, stating funds
are currently available within the Strategic Technology Project Fund to cover these expenses and to
authorize the County Manager to negotiate and sign the contract. The Technology Policy Team
unanimously approved this recommendation on May 21, 2008.
On motion of Kemp, seconded by Frye, the Board voted unanimously to award the bid of the
proposed SQL server -based CAMA software package for the Tax Department to IIS/NCACC at a
total cost of $756,093 and to authorize the County Manager to negotiate and sign the contract.
Approval of Proposal to Accept Offer to Purchase County Property
Aimee Scotton said that Murphy Oil Company has offered to buy a parcel of land owned by the
County. This property is located on the corner of Academy Street and Old High Point Road (Parcel #
7755655210) in Randleman and is the Randleman Ambulance base site. The building on the
property is a one -bay ambulance base. The company has offered $450,000. They plan to build a
convenience store on the property. The procedures by which a County may dispose of property are
set out in Chapter 160A, Article 12 of the North Carolina General Statutes. Since the company has
already made an offer on the property, the method of sale by negotiated offer, advertisement and
upset bid is perhaps the most flexible procedure available.
Ms. Scotton said that according to N.C.G.S. § 160A-269, the Board may receive, solicit, and/or
negotiate an offer to purchase property. Once the Board has an offer it likes, it does not accept the
offer. Instead, the Board proposes to accept it. When the Board proposes to accept an offer, the
offeror is required to deposit 5% of the bid with the Clerk to the Board. At this point, a notice of the
offer must be published. This notice must: describe the property, describe the amount and terms of
the offer, and state that within 10 days any person may raise the bid by not less than 10% of the first
$1,000.00 and 5% of the remainder. After the advertisement runs, the Board must wait the 10 -day
period to see if an upset bid is received. If the bid is raised, then the new bidder must deposit 5% of
the increased bid with the Clerk to the Board, and the Clerk must re -advertise the offer at the raised
bid. This procedure is repeated until no further upset bids are received, and the Board can then
accept the offer and sell the property to the highest bidder. While the Board may reject any and all
offers at any time, if the Board accepts an offer under this procedure, it must accept the highest bid,
the last bid that qualifies.
County Manager Richard Wells said that several companies have expressed interest in
purchasing this property for many months. He said P.A.R.T. is currently negotiating with NCDOT to
obtain some nearby property in order to build a Park `n Ride lot; there is also adequate space on this
property to build a two -bay ambulance base, should the County wish to relocate the current base.
Mr. Wells said that Brent McKinney, P.A.R.T. Director, has expressed great interest in having a
County ambulance base beside the Park `n Ride lot. Mr. Wells said that he does not see any
problems with the County acquiring the property from NCDOT. The land was originally purchased
by NCDOT for the new Hwy 311 Corridor. However, this property will not be needed for this
purpose since the new highway route has changed.
Commissioners Kemp asked that the Tax Department staff determine fair market value of the
ambulance base property. He also stated that he would like to recuse himself from voting due to a
conflict of interest since his brother is representing Murphy Oil Company in these negotiations.
On motion of Frye, seconded by Haywood, the Board voted 4-0, to recuse Commissioner Kemp
from voting on this issue.
On motion of Frye, seconded by Lanier, the Board voted unanimously (4-0) to propose to accept
the offer of $450, 000 from Murphy Oil Company to purchase County property located at the corner
of Academy Street and Old High Point Road in Randleman (Parcel ID# 7755655210).
Presentation of Proposed Historic Landmark Monument Design and Narrative for Historic
Courthouse
Hal Johnson, County Planning Director, stated that on December 4, 2008, following adopted
resolutions from the Board of County Commissioners and the County Historic Landmark
Preservation Commission (HLPC), the Asheboro City Council formally designated the 1909
Randolph County Courthouse as the first officially designated Local Historic Landmark in Randolph
County. Because of the significance of the Old County Courthouse in the heritage and history of
Randolph County, the Historic Landmark Commission recommended that a suitable monument be
located at the Courthouse that would not only recognize its Local Landmark designation but also
display some of the most important aspects of the Courthouse history. The HLPC designated HLPC
member and local historian Mac Whatley to write the narrative most appropriate to be displayed on
the monument.
The proposed monument will be 5 ft high, and will be cut out of Mt Airy granite to match the
foundation of the old Courthouse. The cut would be rough around the top and sides. The lettering
will be engraved in the granite with the Randolph County seal also engraved at the top. Lettering
will be approximately '/z -inch, and the monument will be secured to an attached base. The
monument is proposed to be located to the right side of the front steps (facing the old Courthouse)
near the light post.
The following is the proposed historical narrative:
Randolph County Courthouse #7
Randolph County was formed in 1779, and its government met at the lost town of Johnstonville in
New Market Township from 1786 to 1792. After county residents petitioned for a more convenient
location "in the most central part" of the county, the state legislature relocated "Randolph Court
House" to the new site of `Asheborough. " The first session of court in `Asheborough" was held on
the "Publick Ground" at the intersection ofMain and Salisbury Streets on June 12, 1793.
After arrival of the railroad in 1889, the business center ofAsheboro began to migrate away from
the old "Publick Ground. " In 1907, the county commissioners purchased proven plans from the
Charlotte firm of Wheeler, Runge and Dickey, which were nearly identical to their popular 1899
Iredell County Courthouse plans. In April 1908, citizens of Asheboro purchased Col. A.C.
McAlister's barnyard and windmill water pump as a site for the new building. Construction began
on July 8, 1908, and the first term of court was held in the building on July 19, 1909. The 1909
Courthouse is the seventh building to serve as the Randolph County Courthouse, the fourth to be built
in Asheboro, and the first one built on Worth Street.
The Courthouse combines flamboyant Victorian massing with the motifs of American Beaux-Arts
classicism. The two-story main block is topped by a powerful Second Empire cupola covered by a
ribbed copper dome. Corinthian columns with terra cotta capitals support an elaborate pediment
with pressed -tin decoration. Arched windows to the east and west define the courtroom on the
second floor level; the windows of the southern fa(ade feature elaborate molded lintels in a variety of
shapes and sizes. Construction used one million red brick from Glenola, NC; 700, 000 yellow brick
from Ohio; and tons of white granite from Mt. Airy, NC. The final price tag of the building was
$34,000.
Landmark Designation December 4, 2008
Asheboro City Council
Randolph County Board of Commissioners
Historic Landmark Preservation Commission
On motion of Haywood, seconded by Kemp, the Board voted unanimously to approve the proposed
design and narrative for the historic landmark monument for the old courthouse.
Recess
At 5:55 p.m., the Board recessed.
Rezoning Public Hearing
At 6:30 p.m., the Board adjourned to a duly advertised public hearing to consider rezoning
requests. Hal Johnson presented the following requests, and Chairman Holmes opened the public
hearing for comments on each request and closed it before taking action on the requests.
1. GREENTECH RENEWABLE SOLUTIONS, LLC, Cary, North Carolina, is requesting that 8.25
acres located on US Hwy 220 Bus South (across from Leather Road), Richland Township, be
rezoned from RA to RIO -CD. Tax 1D# 7664877154. Secondary Growth Area. The Conditional
Zoning District would specifically allow the construction and operation of a Solar Field Facility to
produce energy as per site plan. Mr. Johnson said that this is Randolph County's first application for
a solar facility. Greentech plans to sell the energy to Randolph Electric Membership Cooperative
(REMC). Fred & Lois Garner are the current property owners. The Planning Board reviewed this
request at public meeting on July 7, 2009, and recommended unanimously that this request be
approved. The Planning Board found the following policies within the Growth Management Plan
that support determination of consistency with the adopted plan with this recommendation:
Policy 1.7 Planning and development decisions should be based on the principal of promoting
investment in Randolph County to expand employment opportunities while preserving and improving
the quality of life for all county residents
Policy 3.9 Individual rezoning decisions within Rural Growth Areas will depend upon the scale of
the development, and the specific nature of the site and its location.
Policy 3.11 New rural industrial development shall be located in areas of the site that would lesson
impact to adjoining residential and agricultural lands.
Hemant Sura, applicant, spoke in support of his request, saying that this site will not be
hazardous and will not produce any noise. He said the utility lines are already in place. Energy
produced from the solar panels could power approximately 150 homes. Mr. Sura said that he had
previously designed a similar site in Cary, NC. He will purchase the property following zoning
approval.
Fred Smith spoke representing REMC. He said that this solar field would help REMC meet
state mandates for renewable energy. There will be no major construction required. He also said that
several people have expressed interest in having solar fields on their property.
William Davis, 145 Scott Rd., Seagrove, said that his property is adjacent to the proposed solar
field. He wants to make sure that there are adequate buffers around the field and that no herbicides
will be used.
Mr. Johnson and Mr. Sura assured Mr. Davis that buffers will be in place and no herbicides will
be used.
On motion of Frye, seconded by Haywood, the Board voted unanimously to approve the request
of Greentech Renewable Solutions, LLC., as determined consistent with policies contained within the
adopted Growth Management Plan and as outlined in the Planning Board recommendations.
2. LARRY WILSON, Asheboro, North Carolina, is requesting that 1.80 acres located at 6436 US
Hwy 64 West, Country Club Acres lots 8-11, Tabernacle Township, be rezoned from RA to HC -CD.
Tax ID# 7712237750. Secondary Growth Area. Lake Reese Watershed. The Conditional Zoning
District would specifically allow automotive sales, repairs, and part sales as per site plan. The
Planning Board reviewed this request at public meeting on July 7, 2009, and recommended
unanimously that this request be approved. The Planning Board found the following policies within
the Growth Management Plan that support determination of consistency with the adopted plan with
this recommendation:
Policy 4.2 Highway oriented commercial uses should be clustered along segments of arterial
streets and contain land uses that are mutually compatible and reinforcing in use and design. They
should be designed in a way that minimizes signage, access points and excessive lengths of
commercial strip development.
Policy 4.4 Commercial uses should be encouraged to develop by consolidation and deepening of
existing commercially zoned property, only when such consolidation and deepening can be
developed in a way that lessens the effect of incompatibility with adjoining residential land uses.
Larry Wilson, applicant, spoke in support of his request, saying that he wants to expand his car
sales lot.
On motion of Haywood, seconded by Kemp, the Board voted unanimously to approve the request
of Larry Wilson, as determined consistent with policies contained within the adopted Growth
Management Plan and as outlined in the Planning Board recommendations.
Adjournment
At 7:02 p.m., there being no further business, the meeting adjourned.
J. Harold Holmes, Chairman Darrell L. Frye
Phil Kemp
Stan Haywood
Arnold Lanier
Cheryl A. Ivey, Clerk to the Board
Personnel Ordinance Changes and Amendments Effective August 1, 2009
Article No.
Article I. Organization of
Personnel System
Section 3. Definitions
Added definition of "Career
Status "for employees subject to
the State Personnel Act (SPA).
Article I. Organization of
Personnel System
Section 8. Responsibility of
County Employees
Added whistleblower provision
with protections for employees
of confidentiality and
retaliation.
Prior to August 1, 2009
No definition for "Career Status."
J. Reporting to the Department Head or Personnel
Director inappropriate, illegal, or unethical behaviors
such as safety violations, discriminatory actions,
unlawful workplace harassment, etc.
Effective August 1, 2009
Career Status. Employees who are subject to the
State Personnel Act are afforded rights of appeal to the
Office of State Personnel once they achieve career
status. Career status for these employees is achieved
when an employee has completed 24 continuous
months of employment in a position subject to the State
Personnel Act, whether as employees of Randolph
County government or as employees of another office
or agency. However, when an employee transfers to
another office or agency, that employee's career status
is suspended during his/her probationary period and
restored upon successful completion of the
probationary period if the transfer was completed
within 31 calendar days. Career status is lost when an
employee experiences a break in service of more than
31 days. (25 NCAC 01I.2002)
J. Reporting to the Department Head or Personnel
Director inappropriate, illegal, or unethical behaviors
such as safety violations, discriminatory actions,
unlawful workplace harassment, etc. Employees
making such reports (i.e. whistleblowers) shall be
afforded protection in two important areas,
confidentiality and retaliation. Insofar as possible,
the confidentiality of the whistleblower will be
maintained. However, identity may have to be
disclosed to conduct a thorough investigation, to
comply with the law, and to provide accused
individuals their legal rights of defense. The County
will not retaliate against a whistleblower. This
includes, but is not limited to, protection from
retaliation in the form of an adverse employment
action such as termination, reduction in
compensation or poor work assignments and threats
of physical harm. Any whistleblower who believes
that he is being retaliated against must contact the
Personnel Director immediately. The right of a
whistleblower against retaliation does not include
immunity for any personal wrongdoing that is
alleged and investigated.
Article V. Conditions of
A. It shall be the policy of Randolph County that no
A. It shall be the policy of Randolph County that no
Employment.
Manager, Department Head, Supervisor or employee
Manager, Department Head, Supervisor or employee
Section 4. Conflict of Interest
may use his position, or the knowledge gained
may use his position, or the knowledge gained
therein, in such a manner that a conflict between
therein, in such a manner that a conflict between
Randolph County's interests and his personal
Randolph County's interests and his personal
Expanded the opening
interests should arise. Both the fact and the
interests should arise. All employees must recognize
paragraph of the Conflict of
appearance of conflicting interests are to be avoided.
that as members of Randolph County government,
Interest section to enhance
they are keepers of the public trust. Both the fact
employees' awareness that
and the appearance of conflicting interests are to be
"they are keepers of the public
avoided.
trust. "
Article V. Conditions of
No section regarding Search and Seizure of County
Section 11. Search and Seizure of County Property
Searches and seizures are to be conducted in a legal
Employment
Property.
NEW Section 11. Search and
manner. Randolph County reserves the right to
Seizure of County Property
conduct searches or inspections of County property
assigned to an employee whenever a Department Head
or his designee determines that the search is reasonable
Added Search and Seizure of
under all the circumstances.
County Property statement
which parallels language found
in the Alcohol and Drug Policy.
Article VI. Leave Policies
Section 2. Vacation Leave
Item H. Previous Leave Credit
Redefined, how previous service
credits can be accepted for
former employees and added
provision how previous service
credits may be credited for
employees transferring from
other agencies or entities.
Article VI. Leave Policies
Section 3. Sick Leave
Item A. Policy
Defined "spouse" "child" and
parent" for the purposes of
using sick leave to be consistent
with FMLA definitions.
H. Previous Leave Credit
Any employee who separates in "Good Standing", as
defined in Article VIII of this Ordinance, and is
reinstated within three (3) years may receive credit for
previous Randolph County service for the purpose of
accruing vacation leave. The total months of previous
service time will be recognized when the employee has
been back in County service for six (6) months.
4. illness or injury of a member of the employee's
immediate family which requires that the employee
provide care to the family member. Immediate
family is defined for this leave as spouse, child or
parent.
H. Previous Leave Credit
8. A former employee who separated in "Good
Standing," as defined in Article VIII of this
Ordinance, and is reinstated within three (3) years
may receive credit for previous Randolph County
service for the purpose of accruing vacation leave.
The total months of previous service time will be
recognized when the employee has been back in
County service for twelve (12) months.
9. An employee who transfers to Randolph County
from another North Carolina governmental agency
or entity (that is a member of the NC retirement
systems) without a break in service of more than
thirty-one (31) days from his last day worked with
the previous jurisdiction may be credited with prior
service credit up to a maximum of 15 years for the
purpose of accruing vacation leave. The total
months of previous service time will be recognized
when the employee has successfully completed
twelve (12) months of service with Randolph
County.
4. illness or injury of a member of the employee's
immediate family which requires that the employee
provide care to the family member. Immediate
family is defined for this leave as spouse, child or
parent. For the purposes of this section, the terms
"spouse" "child" or "parent" shall be defined in
accordance with the definitions provided in Section
4, Part C (Family Medical Leave Act Definitions) of
this Article.
Article VI. Leave Policies
Section 3. Sick Leave
Item F. Transfer from Other
Agencies / Entities
Redefined how sick leave
credits may be accepted for
transferring employees.
Article VI. Leave Policies
Section 3. Sick Leave
Item G. Separated Employees
Renamed Item G from
"Separated Employees" to
"Reinstated Employees" and
redefined how sick leave credits
may be accepted for former
employees.
F. Transfer from Other Agencies/Entities
Unused sick leave ...:
1. The transfer of sick leave earned in another
authorized jurisdiction may be used for retirement
purposes only and shall not be used for sick leave
described in "A" above.
2. The maximum number of hours accepted will be
1,000. Verification received in hours and minutes
will be converted to the nearest whole hour.
3. The total number of hours accepted as transferred
will be added to the records for retirement purposes
after completion of the six (6) month probationary
period.
4. Verification of said accumulated sick leave must be
received in writing from the previous authorized
jurisdiction.
5. The transfer must be completed within three (3)
years from the employee's last workday with the
previous aaencv/entitv.
G. Separated Employees
Employees who resign and are not reinstated with
Randolph County within a three (3) year period shall
lose all sick leave credits.
F. Transfer from Other Agencies/Entities
Unused sick leave ...:
1. For sick leave to be accepted as transferred, the
employment transfer must be completed within three
(3) years from the employee's last workday with the
previous agency/entity.
2. Verification of said accumulated sick leave must be
received in writing from the previous authorized
jurisdiction. Verification received in hours and
minutes will be converted to the nearest whole hour.
3. The total number of hours accepted as transferred
will be recorded and credited to the employee's sick
leave account upon the completion of twelve (12)
months of employment with Randolph County.
G. Reinstated Employees
Employees who resign and are reinstated with
Randolph County within three (3) years shall have their
unused sick leave balance reinstated to their sick leave
account when the employee has been back in County
service for twelve (12) months. Employees who resign
and are not reinstated with Randolph County within a
three (3) year period shall lose all sick leave credits.
Article VI. Leave Policies
FMLA did not previously include eligibility provisions
d. because of a "qualifying exigency" arising out of a
Section 4. Family Medical
for a "qualifying exigency" and caretaker leave.
covered family member's active duty or call to
Leave Act (FMLA)
active duty in the Armed Forces in support of a
Item B. Eligible Employees
contingency plan; or
e. because the employee is needed to care for a covered
Amended policy to add two new
family member who has incurred an injury or illness
areas of eligibility for FMTA as
in the line of duty while on active duty in the Armed
affected by Federal legislation
Forces provided that such injury or illness may
effective 1116109.
render the family member medically unfit to perform
duties of the member's office, grade, rank or rating;
provided however that an eligible employee may
take up to 26 workweeks of leave during a single 12 -
month period to care for the service member.
Article VI. Leave Policies
Child. The son or daughter of the employee.
Child. A biological, adopted, or foster child, stepchild,
Section 4. Family Medical
a legal ward, or a child of a person standing "in loco
Leave Act (FMLA)
parentis," who is either under age 18, or age 18 or older
Item C. Definitions
and incapable of self-care because of a mental or
physical disability.
Redefined the following:
Comp -time — no definition.
Comp -time. Reflects compensatory time identified as
* Child
earned overtime that has not been paid and earned
* Continuing Treatment by a
holiday time that has not been paid.
Health Care Provider
* Serious Health Condition
Continuing treatment by a health care provider
Continuing treatment by a health care provider.
consists of one or more of the following:
Consists of one or more of the following:
Added the following definitions:
* Comp -time
* Qualifying Exigency
a. The employee or family member in question is
a. A period of incapacity lasting more than three 3
treated two (2) or more times for the injury or illness
consecutive, full calendar days, and any subsequent
Deleted the following definition:
by a health care provider. Normally this would
treatment or period of incapacity relating to the same
* Son or daughter (see
require visits to the health care provider or to a nurse
condition that also includes:
definition of "Child')
or physician's assistant under direct supervision of
the health care provider.
1. treatment two (2) or more times by or under the
b. The employee or family member is treated for the
injury or illness two (2) or more times by a provider
of health care services (e.g., physical therapist)
under orders of, or on referral by, a health care
provider, or is treated for the injury or illness by a
health care provider on at least one occasion that
results in a regimen of continuing treatment under
the supervision of the health care provider to resolve
the health condition.
c. The employee or family member is under the
continuing supervision of, but not necessarily being
actively treated by, a health care provider due to
serious long-term or chronic condition or disability
that cannot be cured. Examples include persons with
Alzheimer's and persons in the terminal stages of a
disease who may not be receiving active medical
treatment.
County
Covered Family Member — no definition.
supervision of a health care provider (i.e. in-
person visits, the first within 7 days and both
within 30 days of the first day of incapacity); or
2. 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, etc.).
b. Any period of incapacity related to pregnancy or
prenatal care. A visit to the health care provider is
not necessary for each absence.
c. Any period of incapacity or treatment for a chronic
serious health condition which continues over an
extended period of time, 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.
d. 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.
e. 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 (3) days if not treated.
No change.
Covered family member. For military caregiver
leave, a covered family member is the spouse, son,
daughter, parent, or next of kin of an employee who 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 illness or
injury.
Department Head
No change.
Parent
No change.
Qualifying Exigency — no definition.
Qualifying Exigency. An eligible employee may take
FMLA leave for qualifying exigencies arising out of
the fact that the employee's spouse, son, daughter, or
parent is on active duty or has been notified of an
impending call or order to active federal duty in the
National Guard or Reserves, in support of a
contingency operation. Qualifying exigencies may
include any of the following as defined in federal law:
a. Issues arising from a covered military member's
short notice deployment (i.e. deployment on 7 or less
days of notice) for a period of 7 days from the date
of notification;
b. Military events and related activities;
c. Certain childcare and related activities;
d. Making or updating financial and legal
arrangements;
e. Attending counseling provided by someone other
than a health care provider;
f. Taking up to 5 days of leave to spend time with a
covered military member who is on short-term
temporary, rest and recuperation leave during
deployment;
g. Attending to certain post -deployment activities; and
h. Any other event that the employee and employer
agree is a qualifying exigency.
Serious health condition. An illness, injury,
Serious health condition. This refers to an illness,
impairment, or physical or mental condition that
injury, impairment, or physical or mental condition that
involves:
involves either:
a.Any period of incapacity or treatment in connection
a. Inpatient care (i.e. an overnight stay) in a hospital, or
with or consequent to inpatient care (i.e., an
residential medical -care facility, including any
overnight stay) in a hospital, hospice, or residential
period of incapacity (i.e. inability to work, attend
medical care facility;
school/workshops, or perform other daily activities)
or subsequent treatment in connection with such
b.Any period of incapacity requiring absence from
inpatient care; or
work, school, or other regular daily activities, of
b.Continuing treatment by a health care provider (see
more than three (3) calendar days, which also
Definition 3 above).
involves continuing treatment by (or under the
supervision of) a health care provider; or
c. Continuing treatment by (or under the supervision
of) a health care provider for a chronic or long-term
health condition that is incurable or so serious that, if
not treated, would likely result in a period of
incapacity of more than three (3) days; or for
prenatal care.
Son or daughter. A biological, adopted or foster
Son or daughter — definition removed. See definition
child, stepchild, a legal ward, or a child of a person
of "Child."
standing in "loco parentis," who is either under age 18,
or age 18 or older and "incapable of self-care because
of a mental or physical disability."
Article VI. Leave Policies
Section 4. Family Medical
Leave Act (FMLA)
Item D. Leave Charges
Incorporated the new FMLA
rules as affected by Federal
legislation effective 1116109.
Added provision that accrued
comp -time must be exhausted
before going on Leave Without
Pay (LWOP).
Added leave provisions for
"qualifying exigency " and
"military caregiver" leave.
Spouse
Leave Charges
1. For the birth of a child, the parents shall exhaust all
available vacation leave before going on leave
without pay, except that sick leave may be used
during the period of disability.
2. For the adoption of a child or becoming foster
parents, the parents shall exhaust all vacation leave
before going on leave without pay.
3. For the illness of an employee's child, spouse, or
parent, the employee shall exhaust available sick and
vacation leave before going on leave without pay.
4. For the employee's illness, the employee shall
exhaust available sick and vacation leave before
going on leave without pay.
4. Periods of paid leave shall be counted as part or all
of the twelve (12) weeks of Family and Medical
Leave authorized by this Section.
6. Leave without pay beyond the 12 -week period will
be administered under Section 5 of this Article.
Same
Leave Charges
2. For the birth of a child, the parents shall exhaust all
available vacation leave and accrued comp -time
before going on leave without pay, except that sick
leave may be used during the period of disability.
2. For the adoption of a child or becoming foster
parents, the parents shall exhaust all vacation leave
and accrued comp -time before going on leave
without pay.
3. For the employee's personal illness or for the illness
of an employee's child, spouse, or parent, the
employee shall exhaust available sick and vacation
leave and accrued comp -time before going on leave
without pay.
4. For a qualifying exigency family member's active
duty or call to active duty, the employee shall
exhaust available vacation leave and accrued comp -
time before going on leave without pay.
5. For the injury or illness of an employee's covered
family member who has incurred such injury or
illness in the line of duty while on active duty in the
Armed Forces, the employee shall exhaust available
sick and vacation leave and accrued comp -time
before going on leave without pay.
6. Periods of paid leave and accrued comp -time shall
be counted as all or part of the Family and Medical
Leave authorized by this Section.
Article VI. Leave Policies
Section 4. Family Medical
Leave Act (FMLA)
Item F. Employee
Responsibility
Incorporated the new FMLA
rules as affected by Federal
legislation effective 1116109.
Employee Responsibility
1. The employee should apply in writing to the
Department Head under this Rule as follows
a. Birth or Adoption - The employee should give the
Department Head no less than 30 days' notice in
writing, of the intention to take leave, subject to the
actual date of the birth or adoption. If the date of the
birth or adoption requires leave to begin in less than
30 days, the employee shall provide such notice as is
practicable.
b. Planned Medical Treatment - When the necessity for
leave to care for the employee's child, spouse or
parent occurs or because the employee has a serious
health condition, the employee must make a
reasonable effort to schedule the treatment so as not
to unduly disrupt operations, subject to the approval
of the employee's health care provider or the health
care provider of the employee's child, spouse or
parent. The employee should also give 30 days'
notice of the intention to take leave, subject to the
actual date of the treatment.
2. If the employee will not return to work, the
Department Head shall be notified immediately by the
employee. Failure to report at the expiration of the
leave, unless an extension has been requested, shall be
considered as a resignation.
7. Leave without pay beyond the approved Family and
Medical Leave period will be administered under
Section 5 of this Article.
Employee Responsibility
6. The employee should notify his Supervisor and/or
Department Head of the need for Family and
Medical Leave as soon as the need for said leave
becomes known or foreseeable.
7. The employee should complete and return all
required forms provided by the County in a timely
manner. Failure to provide a complete and
sufficient medical certification, in accordance with
the forms provided, may result in a denial of the
employee's FMLA request.
8. Failure to report at the expiration of the leave,
unless an extension has been requested and granted,
shall be considered as a resignation.
9. If, at any point during FMLA leave, the employee
decides not to return to work, the employee shall
notify his Department Head immediately in order
that his position may be filled.
10. When required by the County, the employee
shall provide a fitness for duty statement from his
health care provider prior to returning to work.
Article VI. Leave Policies
Section 6. Workers'
Compensation Leave
A. Probationary and Regular
Employees
Establishes new Workers'
Compensation procedures.
Changes use of vacation /sick
leave while on Workers'
Compensation.
A. Probationary and Regular Employees
Any probationary or regular employee absent from
duty because of sickness or disability covered by the
Workers' Compensation Law shall have benefit leave
as follows:
1. Elect to receive only those payments made under
Workers' Compensation laws without using
accumulated vacation or sick leave, or
A. Probationary and Regular Employees
When any probationary or regular employee is injured
as a result of a compensable accident or occupational
illness covered by the Workers' Compensation Law the
following procedures will apply:
1
2. Elect to use accumulated vacation or sick leave for
the first seven (7) days of sickness or disability
covered by Workers' Compensation laws, and/or 2
3. If sickness or disability continues beyond seven (7)
days, elect to use accumulated vacation or sick leave
to receive as a supplemental payment the difference,
or a portion of the difference, between his regular
salary and the payments received under Workers'
Compensation. Such employee shall have deducted
from his accumulated vacation or sick leave that
fraction of a day which is the same as the fraction
that the supplemental payment for one (1) day is of a
regular day's pay. Employees receiving Workers'
Compensation benefits will not accrue sick or
vacation leave during this period.
When an employee is injured on the job as a result of
a compensable injury or occupational illness and
loses time from work while seeking medical
attention due to the injury, the employee shall not be
charged leave for time lost from work on the day of
the injury.
Injured employees are expected to return to work
following the initial medical treatment at our
designated initial provider unless the treating
physician indicates the employee must go home for
the day.
3. In situations where the employee cannot return to
work, the employee will be paid full salary for
normal working hours on the day of the injury.
4. Time lost due to follow-up appointments after return
to full duty with no restrictions will be charged to
employee leave accounts. The employee is expected
to make every effort to schedule such appointments
either at the beginning or the end of his regular
workday so as to minimize the amount of time
needed away from work.
6. If the injury results in additional time away from
work, the employee will be placed on Worker's
Compensation Leave, and receive the Worker's
Compensation weekly benefits after the required
waiting period.
6. All Workers' Compensation leave will also be
charged as Family Medical Leave pursuant to the
Family Medical Leave Act.
7. The employee may elect to take sick or annual leave
during the required seven (7) day waiting period or
may elect to go on Workers' Compensation Leave
with no pay for the required waiting period.
8. Once an employee begins drawing Workers'
Compensation pay, the employee will not be allowed
to receive pay for annual leave or sick leave in
addition to Workers' Compensation payments.
9. Health benefits provided by the County to an
employee will continue to be provided while on
Workers' Compensation Leave for up to one (1)
year. After that period, the employee may elect to
continue the health benefits by electing COBRA.
(Upon his / her return to work, the employee's health
benefits will become effective without a waiting
period).
10.Employees receiving Workers' Compensation
benefits will not accrue vacation or sick leave and
their local government retirement and 401k benefits
are not paid during this period.
Article VI. Leave Policies
A. Purpose
A. Purpose
Section 10. Shared Leave
Item A. Purpose
This policy provides an opportunity for employees to
This policy provides an opportunity for employees to
assist another employee affected by a medical
assist another employee affected by a serious health
Expanded Shared Leave to
include the option of assisting
an employee's spouse who has a
prolonged serious health
condition.
Article VII. Employee Benefits
Section 1. Group Life / Health
Insurance
Item B. Group Health Insurance
Section 2. Retiree's Health
Insurance
Added statement that Retirees'
Health Insurance Policy may be
modified or terminated at any
time.
Article VII. Employee Benefits
Section 4. Retirement Benefits
Part A. Regular Employees
NEW Item 3.
Incorporates 401K benefit
previously approved.
Article VII. Employee Benefits
Section 4. Retirement Benefits
Part B. Law Enforcement
Officers
Section I. Separation Allowance
Item b
condition that requires absence from duty for a
prolonged period of time resulting in possible loss of
income due to lack of accumulated leave.
No statement.
No statement.
b. The separation allowance ceases when the officer
reaches age 62, dies, or is reemployed in a half-time
or greater appointment with any North Carolina
public employer which would make him eligible for
retirement benefits under the North Carolina
Teachers' and State Employees' Retirement System,
North Carolina Local Government Employees'
Retirement System or North Carolina Law
Enforcement Retirement System.
condition of the employee or his/her spouse that results
in loss of income following exhaustion of accumulated
leave for a prolonged period of time (ten (10) calendar
days or more).
k. This program may be modified or terminated at any
time by Randolph County.
3. When an employee joins the Local Government
Retirement System, he becomes eligible to receive a
supplemental retirement income plan (401K)
contributed at the rate set by the County
Commissioners.
b. The separation allowance ceases when the officer
reaches age 62, dies, or is employed in a position
with any local government, requiring participation in
the North Carolina Local Government Employees'
Retirement System.
Amended Special Separation
Allowance for Law Enforcement
Officers', consistent with recent
legislation.
Article VIII. Disciplinary
No statement regarding "failure to pay County taxes."
(10) failure to pay County taxes before such taxes
Actions, Separations, and
become past due.
Reinstatement
Section 1. Disciplinary Actions
Part A. General Provisions
Section 3.c. Unacceptable
personal conduct
NEW Item 10
Added 'failure to pay County
taxes" as Unacceptable
Personal Conduct.
Article IX. Grievance and
A. Employees subject to the State Personnel Act must
A. Employees subject to the State Personnel Act must
Conflict Resolution
exhaust the County grievance procedure contained
exhaust the County grievance procedure contained in
Section 4. Employees Subject
in Section 2 of this Article before appealing to the
Section 2 of this Article and must achieve career
to the State Personnel Act
Office of State Personnel except for complaints
status before appealing to the Office of State
Item A
alleging harassment or discrimination.
Personnel except for complaints alleging harassment
or discrimination.