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05-11-2017 Special MeetingSPECIAL MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE ON THURSDAY, THE ELEVENTH DAY OF MAY IN THE YEAR TWO THOUSAND AND SEVENTEEN PRESENT: Rex W. Alphin, Chairman, Carrsville District William M. McCarty, Vice -Chairman, Newport District Rudolph Jefferson, Hardy District Richard L. Grice, Smithfield District ABSENT Joel C. Acree, Windsor District ALSO IN ATTENDANCE: Mark C. Popovich, County Attorney Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Carey M. Storm, Clerk Chairman Alphin called the regular Board of Supervisors' meeting to order at 6:00 p.m. and welcomed all present. Supervisor Jefferson delivered the invocation. County Administrator Keaton provided an overview of the County Operating and Capital Budget for the Board's consideration. Upon motion of Supervisor Grice, all voting in favor and Supervisor Acree absent, the following Ordinance was adopted (4-0): AN ORDINANCE APPROVING THE COUNTY OPERATING AND CAPITAL BUDGET AND APPROPRIATING FUNDS FOR EXPENDITURES CONTEMPLATED DURING THE FISCAL YEAR BEGINNING JULY 1, 2017 AND ENDING JUNE 30, 2018, AND REGULATING THE PAYMENT OF MONEY OUT OF THE COUNTY TREASURY BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, to -wit: Section 1: Except as provided in Section 2 of this Ordinance, the County of Isle of Wight, Virginia, Proposed Annual Operating and Capital Budget, Fiscal Year 2017-2018, dated May 11, 2017, along with the associated Uniform Fee Schedule attached hereto as Exhibit A (hereinafter referred to as the "County Budget"), and submitted by the County Administrator, as amended by the Isle of Wight County Board of Supervisors, is approved as the County Budget for the fiscal year beginning July 1, 2017, and ending June 30, 2018. 1 Section 2: The County Budget shall be subject to transfers authorized by law and to such further amendments by ordinance, pursuant to Section 15.2-2507 of the Code of Virginia (1950, as amended), as the Board of Supervisors may deem appropriate. Section 3: The amount named in the County Budget, as amended, for County operations for the fiscal year beginning July 1, 2017, and ending June 30, 2018, in the following fund amounts are hereby appropriated from the revenues of the County for use by the various funds of the County Government referenced in said budget for the said fiscal year. Any appropriation to a specific fund but identified as a revenue source in another fund its specifically designated and restricted for accounting and transfer purposes only and not for any other expenditure from the source fund. Fund 2017-2018 General Fund $ 72,418,200 Capital Projects Fund 16,300,000 Grants Fund 199,314 Emergency 911 Fund 1,437,573 County Fair Fund 357,399 Social Services Fund 3,384,060 Children's Services Act Fund 429,297 Technology Services Fund 1,079,742 Risk Management Fund 642,855 Public Utility Fund 8,895,003 Stormwater Fund 1,652,430 Section 4: Except as it may be amended from time to time in accordance with applicable law by the Isle of Wight County Board of Supervisors, at the request of the Isle of Wight County School Board, the Isle of Wight County School Operating and Capital Budget, Fiscal Year 2017- 2018, dated March 9, 2017, and submitted to the Isle of Wight County Administrator by the School Superintendent for consideration by the Isle of Wight County Board of Supervisors, as amended by the Isle of Wight County Administrator, is approved as the annual budget for educational purposes for the Fiscal Year beginning July 1, 2017 and ending June 30, 2018. Section 5: Pursuant to Section 22.1-94 of the Code of Virginia, the following categorical appropriations are hereby made for Isle of Wight County Public Schools ("Public Schools") for the fiscal year beginning July 1, 2017, and ending June 30, 2018: Educational Category Instruction Administration, Attendance and Health 2017-2018 $ 43,981,012 2,383,755 Pupil Transportation 3,651,382 Operation and Maintenance 5,000,474 School Food Serv./Other Non - Instr. Operations 2,100,617 Facilities 0 Debt and Fund Transfers 435,944 Technology 2,335,523 Contingency Reserves 0 Total Funds Budget $ 59,888,707 Section 6: All payments from funds shall be made in accordance with general law and applicable ordinances and resolutions of the County, except as otherwise specifically provided herein; provided, however, that payments from the funds appropriated for the support, maintenance and operation of the Public Schools of the County shall be made by the County Treasurer upon warrants drawn by the proper officer or officers of the School Board of the County; and provided further that payments from the funds appropriated for expenditures of the Department of Social Services shall be made by the County Treasurer upon presentation of warrants drawn by the Social Services Director and approved by the Isle of Wight County Board of Social Services. Section 7: The Board of Supervisors hereby authorizes the issuance and sale of the County's revenue anticipation note or notes (the "Note" or "Notes"), pursuant to Section 15.2-2629 of the Code of Virginia (1950, as amended) (the "Virginia Code"), in the aggregate principal amount of up to $25,000,000 in anticipation of the collection of the taxes and revenues of the County for the fiscal year ending June 30, 2018. If either the County Administrator or County Treasurer deems that the cash flow needs and the financial condition of the County warrant the issuance of a Note or Notes, the County Administrator or the County Treasurer (each hereinafter referred to as the "County Representative") is authorized and directed to accept a proposal or proposals for the purchase of the Note or Notes and to approve the terms of the Note or Notes, provided that the aggregate principal amount of the Notes shall not exceed $25,000,000, none of the Notes shall mature later than June 30, 2018, and no interest rate on any of the Notes shall exceed 7%. The County Representative and the Clerk of the Board of Supervisors (the "Clerk") are hereby authorized and directed to execute an appropriate negotiable Note or Notes and to affix the seal of the County thereto and such County Representative is authorized and directed to deliver the Note or Notes to the purchaser thereof. The County Representative, and such officers and agents of the County as the County Representative may designate, are hereby authorized and directed to take such further action as they deem necessary regarding the issuance and sale of the Note or Notes and all actions taken by such officers and agents in connection with the issuance and sale of the Note or Notes are ratified and confirmed. 3 Section 8: The Board of Supervisors hereby authorizes the lease financing of various County vehicles and equipment essential to the performance of governmental functions as provided for in the adopted Fiscal Year 2017-2018 County Budget. The funds made available under the lease will be deposited with a banking institution pursuant to an Escrow Agreement following procurement of a financial institution in accordance with the Virginia Public Procurement Act. The County Administrator is authorized to execute the lease agreement and financing documents on behalf of the County and the County Clerk shall affix the official seal of the County to the Financing Documents and attest the same. Section 9: The amounts appropriated by this Ordinance shall be expended for the purpose of operating the County government during the 2017- 2018 Fiscal Year; and, with the exception of the items the payment of which is fixed by law, shall be expended in such proportions as may be authorized by the County Administrator from time to time. Section 10: All outstanding encumbrances, by contract or fully executed purchase order, as of June 30, 2017, shall be offset by an equal amount of assigned Fund Balance for expenditure in the subsequent fiscal year; provided, however, that if performance of a contract or purchase order has been substantially completed, an expenditure and estimated liability shall be recorded in lieu of an encumbrance. All restricted or assigned fund balance project or program balances standing on the books of the County at the close of business for the fiscal year ending June 30, 2017 in the amount of $50,000,000 or less that have not been expended or lawfully obligated or encumbered are hereby reappropriated to be used to fund the purposes, programs, or projects for which the funds were appropriated. Section 11: Notwithstanding the provisions of Section 10, all funds appropriated for Public Schools which are unexpended at year-end shall revert back to the County's General Fund pursuant to Section 22.1-100 of the Code of Virginia for the purpose of replenishment of the Unassigned Fund Balance for payments made by the County on behalf of the Isle of Wight County School Board to comply with the Davis -Bacon Act for the Georgie D. Tyler Middle School project. Section 12: The payment and settlement, made during the 2017-2018 Fiscal Year, of any claim of any kind against the County; and final judgments, with interest and costs, obtained against the County during the 2016-2017 Fiscal Year, shall be paid upon the certification of the County Attorney and the order of the County Administrator from funds appropriated to the Risk Management Fund; or from the funds appropriated for the expenditures of the Fund involved in the subject matter of the claim or judgment; or from the General Fund; as the County Administrator shall find necessary. Section 13: Except as otherwise specifically required by law or approved by the M Board of Supervisors by resolution, any salary or wage expenditure, and any expenditure of any kind or description having the effect of a salary or wage payment, shall be made only for a position, the description of which is identified in the County Pay and Compensation Plan or which has received prior approval of the Board of Supervisors. Any other expenditure shall be calculated to result in total expenditures within the plan stated in a specific County Budget account, except that transfers of unexpended and unencumbered balances or portions thereof, initiated by a department director and approved by the County Administrator, are permitted between accounts; provided, however, that a quarterly report of such transfers shall be submitted to the Board of Supervisors. Section 14: The County Administrator is authorized and directed to do all lawful things necessary to implement and administer the County Budget for Fiscal Year 2017-2018. Section 15: All ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance, to the extent of such conflict, are repealed. Section 16: This Ordinance shall be in effect on and after July 1, 2017, and it shall not be published. Upon motion of Supervisor Jefferson, all voting in favor and Supervisor Acree absent, the following Ordinance was adopted (4-0): AN ORDINANCE TO IMPOSE TAX RATES FOR ISLE OF WIGHT COUNTY, VIRGINIA FOR FISCAL YEAR JULY 1, 2017 THROUGH JUNE 30, 2018 BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the County of Isle of Wight, Virginia, to -wit: Section 1: That there is hereby levied for the fiscal year beginning July 1, 2017, a tax of $0.85 per one hundred dollars of assessed valuation on all taxable real estate, and all real and personal property of public service corporations in accordance with Section 58.1-2606 of the Code of Virginia (1950, as amended). Section 2: That there is hereby levied for the fiscal year beginning July 1, 2017, a tax of $4.24 per one hundred dollars of assessed valuation on machinery and tools used in businesses as defined in Section 58.1- 3507 of the Code of Virginia (1950, as amended). Section 3: That there is hereby levied for the fiscal year beginning July 1, 2017, a tax of $1.00 per one hundred dollars of assessed valuation of boats, watercraft and aircraft as defined in Section 58.1-3606 of the Code of Virginia (1950, as amended). 5 Section 4: That there is hereby levied for the fiscal year beginning July 1, 2017, a tax of $4.50 per one hundred dollars of assessed valuation on all tangible personal property, as defined and classified in Sections 58.1- 3500 through 3504 and Section 58.1-3506 of the Code of Virginia (1950, as amended) except that all household goods and personal effects as defined and classified in Section 58.1-3504 are exempt from said levy. Section 5: That, in accordance with the Personal Property Tax Relief Act, as adopted by the Virginia General Assembly, the car tax relief for Calendar Year 2017 shall be set at forty-eight percent (48%) for vehicles over $1,000.00 in value on the first $20,000.00 in value and for vehicles valued at $1,000.00, or under, the percentage of relief shall be one hundred percent (100%). Section 6: That there is hereby levied for the fiscal year beginning July 1, 2017, a tax of $0.32 per one hundred dollars of assessed valuation on watercraft, including vessels and ships, weighing five tons or more, excluding privately owned pleasure boats and watercraft used for recreational purposes only. Section 7: That there is hereby levied for the fiscal year beginning July 1, 2017, a tax of one-half (1/2) of one percent (1%) of the gross receipts on telephone and telegraph companies, water companies, heat, light and power companies, except electric suppliers, gas utilities and gas suppliers as defined in Section 58.1-400.2 of the Code of Virginia (1950, as amended) and pipeline distribution companies as defined in Section 58.1-2600 of said Code, accruing from sales to the ultimate consumer in the County of Isle of Wight, Virginia, pursuant to Section 58.1-3731 of the Code of Virginia (1950, as amended), however, in the case of telephone companies, charges for long distance telephone calls shall not be included in gross receipts for purposes of license taxation. BE IT FURTHER ORDAINED that this Ordinance be entered in the Minutes of this Board of Supervisors and that a copy thereof by the Clerk of this Board, be furnished to the Treasurer of this County. Upon motion of Supervisor McCarty, all voting in favor and Supervisor Acree absent, the following Resolution was adopted (4-0): RESOLUTION TO APPROVE THE POSITION CLASSIFICATION AND COMPENSATION PLAN AND EMPLOYEE HEALTH INSURANCE PLAN OFFERINGS FOR FISCAL YEAR 2017-2018 WHEREAS, the Board of Supervisors has approved the FY 2017-2018 Annual Operating Budget; and, WHEREAS, in accordance with County Policy (Chapter 1: Personnel, Article II, Position Classification Plan and Article III, Compensation Plan), the Position Classification and Compensation Plan containing the Salary Schedule and Schematic List of Classes assigned to Salary Grades has been prepared as referenced in the attached exhibit in accordance with the Approved FY 2017-2018 Annual Operating Budget; and, WHEREAS, a one and a half percent (1.5%) cost of living salary adjustment for all employees effective July 1, 2017 and an additional average one and a half percent (1.5%) merit salary adjustment for regular full-time and regular part-time employees effective October 1, 2017 retroactive to July 1, 2017 is recommended in accordance with the Approved FY 2017-2018 Annual Operating Budget; and, WHEREAS, the next Employee Health Insurance Plan Year takes effect July 1, 2017; and, WHEREAS, the County participates in The Local Choice Health Insurance Program through Anthem and offers two plans; and, WHEREAS, The Local Choice Anthem Key Advantage 250 Plan and Key Advantage 500 Plan are recommended to the Board of Supervisors as the two plan offerings available for the plan year beginning July 1, 2017. NOW, THEREFORE, BE IT RESOLVED that the FY 2017-2018 Position Classification and Compensation Plan is hereby adopted and shall remain in effect until amended by the Board, the 1.5% cost of living salary adjustment for all employees is hereby provided effective July 1, 2017, and an additional average 1.5% merit salary adjustment is hereby provided effective October 1, 2017 retroactive to July 1, 2017. BE IT FURTHER RESOLVED that Health Insurance Plan offerings of The Local Choice Anthem Key Advantage 250 Plan and Key Advantage 500 Plan are available for employees with employer and employee contribution rates effective July 1, 2017 as referenced in the attached exhibit. BE IT FURTHER RESOLVED that eligibility for participation in the Health Insurance Plan offerings is as follows: All regular full-time employees of the County, to include Appointees and Registrar, as well as elected officials to include Constitutional Officers and Board of Supervisors Members, as well as local state - supported employees of the Isle of Wight Department of Social Services. Upon motion of Supervisor McCarty, all voting in favor and Supervisor Acree absent, the following Resolution was adopted (4-0): RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE III, SECTIONS 3.4 AND 3.5, ARTICLE V, SECTIONS 5.1 AND 5.6, ARTICLE VI, SECTION 6.3, AND CHAPTER 7: MISCELLANEOUS — EMPLOYEE RELATED, ARTICLE II, SECTIONS 2.1, 2.3, AND 2.4 OF THE COUNTY POLICY MANUAL WHEREAS, the County has established Overtime and Compensatory Time Off Policies, Annual Leave and Funeral Leave Policies, a Holiday Policy, and an Emergency Conditions and Unexpected Closings Policy under Chapter 1: 7 Personnel, Article III, Sections 3.4 and 3.5, Article V, Sections 5.1 and 5.6, Article VI, Section 6.3, and Chapter 7: Miscellaneous — Employee Related, Article II, Sections 2.1, 2.3 and 2.4 of the County Policy Manual; and WHEREAS, the Board of Supervisors desires to amend Chapter 1: Personnel, Article III, Sections 3.4 and 3.5, Article V, Sections 5.1 and 5.6, Article VI, Section 6.3, and Chapter 7: Miscellaneous — Employee Related, Article II, Sections 2.1, 2.3 and 2.4 of the County Policy Manual to clarify the provisions, guidelines, rules and procedures of the Overtime and Compensatory Time Off Policies, Annual Leave and Funeral Leave Policies, Holiday Policy, and Emergency Conditions and Unexpected Closings Policy; and NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article III, Sections 3.4 and 3.5, Article V, Sections 5.1 and 5.6, Article VI, Section 6.3, and Chapter 7: Miscellaneous — Employee Related, Article II, Sections 2.1, 2.3 and 2.4 of the County Policy Manual are hereby amended as follows: Chapter 1: Personnel Article III Compensation Plan (Revised October 7, 1999, April 7, 2005, December 15, 2005, April 18, 2006, June 1, 2006, April 16, 2015, October 1, 2015, July 1, 2017) Section 3.4 (Revised October 7, 1999, April 16, 2015, July 1, 2017) Overtime Overtime shall be authorized when regularly scheduled work hours exceed the Fair Labor Standards Act (FLSA) standards for the granting of overtime. The County Administrator shall designate those positions which are eligible for overtime pay and compensatory leave and those which are not eligible for such pay and leave in accordance with the standards of the Fair Labor Standards Act. The County Administrator shall develop administrative regulations pertaining to overtime and monitor compliance with the provisions of the Fair Labor Standards Act, which shall include the following: Compensation time should be granted in lieu of overtime pay in all situations where possible. The accumulation of overtime should be discouraged and procedurally kept to a minimum, adjusting schedules and staffing to minimize the accumulation of overtime. For employees not assigned to a 28 -day cycle, if hours over forty (40) in one work -week are reached, only hose hours actually physically worked above forty (40) shall be paid at the rate of time and one half or compensation time granted, whichever agreed upon by the employee. If paid leave is taken during the workweek, the additional hours worked in excess of one's regular work schedule totaling forty (40) hours are paid at straight time or the paid leave time is credited back to the employee's leave balance(s), whichever agreed upon by the employee, to account for the leave taken. a. 13 All overtime must be approved in advance of occurrence by the employee's supervisor. Prior to disbursement of compensation, the Department Head must authorize the payment of overtime compensation. Overtime pay will be disbursed as funds are made available through the budget adoption/amendment process. Regularly scheduled overtime hours for fire protection employees will be paid at the overtime rate whether or not the employee physically works the hours. This rule only applies to fire protection employees as defined in the Code of Virginia §9.1-700. Department Heads, at their discretion, have the ability to allow flexibility in the scheduling of employee work hours within the same workweek. All hours must be tracked and reported for all non-exempt employees. Sartinn I S (Revised April 7, 2005, July 1, 2017) Compensatory Time Off Compensatory time off shall be awarded in lieu of paid overtime whenever possible. Each department shall be responsible for maintaining records of compensatory time and shall be required to verify overtime with said records. Department directors shall take the steps necessary to limit the amount of accumulated compensatory time. Department directors shall encourage employees to use accumulated compensatory time off prior to the end of the pay period in which it was accrued. Any existing unused compensatory time balances shall be zeroed out by the end of each fiscal year and paid out to the employee within the first month of each new fiscal year. Article V Leave Provisions (Revised September 1, 2005, December 15, 2005, February 2, 2006, April 5, 2007; October 2, 2008; January 8, 2009, June 19, 2014, October 16, 2014, December 18, 2014, April 1, 2015, January 1, 2018) Section 5.1 (Revised April 5, 2007; June 19, 2014; April 16, 2015, January 1, 2018) 9 [`a In IIntpH Annual leave for regular full-time employees, except those assigned to a 28 -day cycle, shall be calculated at the end of each pay period in accordance with the following schedule based on the employee's total years of service paid into a state or local retirement system, or employed with Isle of Wight County: Tota I Years Hours Days Of Service Per Month Per Year Maximum 0 to 5 8 12 288 hours 5+ to 10 10 15 288 hours 10+ to 15 12 18 288 hours 15+ to 20 14 21 288 hours 20 or more 16 24 288 hours Annual leave for regular full-time employees assigned to a 28 -day cycle, as authorized within the 7k work period exemption within the Fair Labor Standards Act, within the Department of Emergency Services shall be calculated at the end of each pay period in accordance with the following schedule based on the employee's total years of service paid into a state or local retirement system, or employed with Isle of Wight County: Total Years Hours Days Of Service Per Month Per Year Maximum 0 to 5 11.2 16.8 403.2 hours 5+ to 10 14 21 403.2 hours 10+ to 15 16.8 25.2 403.2 hours 15+ to 20 19.6 29.4 403.2 hours 20 or more 22.4 33.6 403.2 hours Regular full-time employees on leave without pay for more than half of the workdays per pay period will not accumulate annual leave hours for that pay period. *Employees may exceed the maximum accrual amount of 288 hours (or 403.2 hours for those assigned to a 28 -day cycle) during the fiscal year; however, no more than 288 hours (or 403.2 hours for those assigned to a 28 -day cycle) may be carried over from one fiscal year to the next fiscal year. Any hours over 288 hours (or 403.2 hours for those assigned to a 28 -day cycle) will be automatically added to the sick leave balance up to a maximum of eighty (80) hours (or one hundred - twelve (112) hours) per fiscal year. Soecial Provisions for Fire Protection Emolovee Schedule Changes 1. When a regular full-time employee assigned to a 28 -day cycle, as authorized within the 7k work period exemption within the Fair Labor Standards Act, within the Department of Emergency Services transfers from that 28 -day cycle schedule to a 40 -hour per week schedule or vice versa for an assignment greater than 30 days, his/her leave balances and hourly rate of pay will be converted. 2. Full-time employees assigned within the Department of Emergency 10 Services accrue and charge all leave in accordance with applicable policy for the schedule to which assigned. In the event an employee is temporarily assigned to another schedule for less than 30 days, the leave accrued and leave charged will be adjusted to provide the same leave balance as if the employee had not been temporarily transferred. Such determinations are made on a case-by-case basis by the Chief of Emergency Services and the Director of Human Resources. 3. Annual leave is converted or adjusted when an employee is transferred from one schedule to another to provide the same leave balance value. When an employee is transferred from a 28 -day cycle schedule to a 40 - hour per week schedule, the employee's annual leave balance will be divided by 1.4 to give the adjusted balance. When an employee istransferred from a 40 -hour per week schedule to a 28 -day cycle schedule, the employee's balance will be multiplied by 1.4 to give the adjusted balance. New Hires New hires shall accrue annual leave for the month of initial hire according to the date of hire as follows: Date of Month 1st to 7th 8th to 23rd 24th to last Section 5.6 (Revised July 1, 2017) Funeral Leave Percent of Annual Leave Accrued 100% 50% 0% Funeral Leave shall be defined as leave with pay granted to provide regular full- time employees with sufficient time to deal with the death of an immediate family member as defined in Section 4.1. Following the death of an immediate family member, the County shall provide up to three (a) dai twenty-four (24) hours of consecutive paid leave. The leave shall commence upon notification and approval by the department director. This may be extended in unusual circumstances by the County Administrator. In the event of multiple deaths in the employee's immediate family, each death shall be treated separately and funeral leave granted accordingly. If more than the allotted number of days' leave is required, or if leave is desired for a death other than the immediate family, annual and/or compensatory leave may be applicable. Article VI Benefits (Revised January 17, 2002, September 1, 2005, December 15, 2005, October 16, 2006, October 4, 2007, November 15, 2007, July 1, 2008, December 4, 2008, November 20, 2014, December 18, 2014, April 1, 2015, April 16, 2015, July 11 1, 2017) Section 6.3 (Revised October 4, 2007, July 1, 2008, December 18, 2014, April 16, 2015, July 1, 2017) Holidays Isle of Wight County shall observe the following holidays and other such holidays as may be prescribed by the Board of Supervisors or by the Governor of the Commonwealth of Virginia: New Year's Day Lee/Jackson Day King Day Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day First day of January Friday preceding Third Monday in January Third Monday in January Third Monday in February Last Monday in May Fourth day of July First Monday in September Second Monday in October Eleventh day of November Fourth Thursday in November and the day after Thanksgiving Day Twenty-fifth day of December and the day before or after Christmas Day If any holiday falls on Saturday, the Friday preceding the holiday shall be observed. If the holiday falls on Sunday, the following Monday shall be observed. The Board of Supervisors may adjust the schedule to accommodate special circumstances. All regular full-time employees shall be entitled to holiday time off with pay equal to the employee's regularly scheduled hours of work. All regular part-time employees (those regularly scheduled for 20-29 hours per week) shall be entitled to time off with pay equal to four (4) hours. An employee forfeits eligibility to be compensated for the holidays observed by the County unless the employee works the last scheduled work day before the holiday and the first scheduled workday after the holiday or is on approved leave with pay. If a regular non-exempt full-time employee, except for employees assigned to a 28 -day cycle within the Department of Emergency Services, is required to work on a the actual and/or observed holiday, he/she shall receive his/her regular rate of pay for all hours worked plus compensatory time off. Since regular non-exempt full-time employees assigned to a 28 -day cycle, as authorized within the 7k work period exemption within the Fair Labor Standards Act, within the Department of Emergency Services regularly work holidays as part of their normal work schedule, these employees will be helida FegaF 'less of .shethe'r the emply"ceiAge_rLr RGn t-hc- hr-Iir-ay OF AGt.- 12 abs r^ ^r will -h^ f^rfeited—paid twelve (12) hours of straight time as holiday pay for the actual and/or observed holiday. GRe day ^f #Holiday leave straight time pay for non-exempt full-time employees assigned to a 28 -day cycle is equal to twelve (12) hours. Partial holidays will be prorated (i.e. – half day holiday leave straight time pay equals to six (6) hours, etc.). If an exempt employee is required to work on a holiday, he/she shall receive compensatory time off equal to the hours worked to be taken another time. If any part-time employee is required to work on a holiday, regardless of his/her status, he/she shall receive pay at the rate of time and a half for all hours worked on the holiday. Assignments for work on a holiday must be approved in advance by the department head or his/her designated representative. Given that the County recognizes the preceding Friday or following Monday but an eligible employee may be required to work on the actual holiday, the employee will be eligible for holiday pay in accordance with this holiday for any hours worked on both the day the County recognizes the holiday and for any work on the actual holiday. If a part-time employee is required to work on a holiday and/or the observed holiday, he/she shall receive time and one half rate for all hours worked on that date. An employee who has an unexcused absence for any part of the workday preceding or following a holiday shall not receive holiday pay. An employee who is on approved leave with pay during a period in which a holiday falls, shall not be charged leave for the observed holiday. An employee who is on military leave with pay during a period in which a holiday falls, shall not receive any additional pay or compensatory leave for the holiday. An employee on Workers' Compensation Leave will not receive holiday pay. In the case of an employee who terminates employment and the last day actually worked is the last work day before a holiday, the employee is not eligible for holiday pay unless the holiday is the last day of the pay period and the employee has been on active status for the full pay period. For Religious or other National Holidays, with leave approved by the supervisor, an employee may request authorized leave with pay as follows: 0 Request charged to compensation time off (if applicable) IN Request charged to annual or personal leave Chapter 7: Miscellaneous – Employee Related Article II Emergency Conditions and Unexpected Closings (Adopted February 19, 2015, Revised July 1, 2017) SPrtinn 7.11 (Adopted February 19, 2015) Purpose 13 This policy sets forth procedures to provide services and to protect employee safety during emergency conditions such as severe weather or during unexpected closings of one or more County facilities due to such causes as physical plant problems. Isle of Wight County is committed to public service and employee safety. Many County services become even more important to our citizens during emergencies such as severe weather or natural disaster. At the same time, for safety purposes, we do not wish employees to perform nonessential functions which may be a safety risk during severe weather. Similarly, loss of power or other physical plant problems may cause conditions which make it unsafe for citizens and employees to remain in one or more County facilities. SArtinn 7 1 (Adopted February 19, 2015) Policy As a general rule, all County departments will remain open and operational during emergency conditions. Liberal leave may be approved for employees who are unable to report to work or who wish to leave work early or come to work late because of safety considerations. There may be times, however, when conditions are so severe that County facilities are closed. All employees may be required to report to serve our customers during emergency conditions. While some will perform their regular duties, others may be assigned to report at a different time and location and to perform different duties from their regular jobs. Those employees who are not required to work will not be charged leave for the time the County offices are closed. Those employees engaged in snow/ice removal duties shall be compensated at the rate of time and one half for all hours engaged in those duties. Time and one half rate will apply for those hours regardless of other leave/holiday hours taken or hours scheduled during the week. Definitions Emergency Conditions — Emergency conditions shall include, but not be limited to, conditions such as severe weather, or extensive power outages. Such conditions may require a declaration of a local state of emergency by the County Administrator or Board of Supervisors. Liberal Leave — Supervisors are encouraged to approve leave requests made by employees who feel it would be unsafe to report to or to stay at work because of severe weather or other emergency condition provided minimal staffing is maintained. Supervisors may grant the use of accrued annual leave or compensatory leave by employees to cover any absence designated as liberal leave. Severe Weather — Severe weather conditions shall include, but not be limited to, natural weather conditions such as snow storms, hurricanes, tornadoes, floods, and/or anticipated occurrence of such conditions. 14 Unexpected Closings — The closing of one or more County facilities during regularly scheduled operating hours to include delayed openings and early closings. Cortinn 7 7 (Adopted February 19, 2015) Operations When County Facilities Are Open During Emergency Conditions All employees are expected to report to work as usual. However, employees may be asked to report at a different time and to perform emergency -related duties at a different site for all or a portion of their work hours. Supervisors may grant the use of accrued annual leave, compensatory leave or leave without pay more liberally than usual to employees who feel that reporting to work for the entire day or for a portion of the day, or remaining at work until the end of the day, would compromise their safety. Where appropriate, minimal staffing may be maintained. Supervisors shall ensure that employees perform their work under safe conditions. Particular care should be directed to whether travel by employees is necessary during severe weather. In any case, employees who feel their personal safety is endangered should identify their concerns to their supervisor or department manager who shall address those concerns, including consideration of whether deferring the activity is appropriate. If employees have been exposed to severe weather or other emergency conditions for extended periods of time, supervisors should ensure sufficient rest breaks and use judgment regarding return to regular duties. Section 2.3 (Adopted February 19, 2015, Revised July 1, 2017) Operations When County Facilities Are Closed During Emer enc Or Unexpected Conditions Employees Required to Work When County Facilities Are Closed Twenty-four hour employees, including Fire, Emergency Medical Services, Sheriff's Office, and Emergency Dispatch, report to work regardless of facility closings and emergency conditions. There is an increased need for their services during emergencies and thus are exempt from this policy. Some employees who work inicer' S�--.sizes Public Works and Parks and Recreation also report to work on a regular schedule or as instructed by their supervisor, unless their supervisor instructs them not to report. Employees who are assigned to emergency response teams shall report as instructed or scheduled if triggering events occur such as the opening of shelters. Please reference the Emergency Response and Sheltering Policy, Chapter 7, Article III of the County Policy Manual. No other employees are expected to report to work unless they are instructed to do so by their supervisor. 15 Employees Who Do Not Report to Work When County Facilities Are Closed When an employee has been notified to report to work during an emergency situation, reporting is mandatory unless the absence has prior approval by his/her supervisor or department director. Those employees refusing to report to work will be subject to disciplinary action up to and including termination. Please reference the Emergency Response and Sheltering Policy, Chapter 7, Article III of the County Policy Manual for a listing of exemptions from any or all emergency response duty. Section 2.4 (Adopted February 19, 2015, Revised July 1, 2017) Compensation When County Facilities Are Closed During Emergency or Unexpected Conditions Employees in temporary and on call positions will be paid only for hours actually worked. Employees in regular part-time (those regularly scheduled for 20-29 hours per week) and full-time positions who are not required to report to work will not be charged leave for the time the County facility or facilities are closed, and will be paid for the number of hours they were scheduled to work. Employees who are on approved sick, annual leave or compensatory leave will not be charged leave for the time the facility they would have reported to is unexpectedly closed. Non-exempt employees, unless otherwise exempted in Section 2.3, who are required to work when a County facility or facilities are unexpectedly closed will receive time and one half rate for their hours worked during the day/tome of the closure. Time and one half rate will apply for those hours regardless of other leave/holiday hours taken or hours scheduled during the week. Exempt employees who are required to work when a County facility or facilities are unexpectedly closed will receive compensatory time off equal to the hours worked to be taken at another time. Any compensatory time earned by an exempt employee required to work when a County facility or facilities are unexpectedly closed shall be used within 90 days and should be utilized prior to any other types of paid leave. If not utilized within 90 days, the compensatory leave is not available for utilization or payment. At 6:15 p.m., Chairman Alphin declared the meeting adjourned. J Yx W. Alphin, Chfrman Carey Is StoAm, Clerk 16