Drake Maynard HR Services, LLC | NEW HEALTH DIRECTOR TRAINING Raleigh | May 2016

THE ENVIRONMENT: 2016 Part I 2

Changed effective August 21, 2013 AND October 1, 2015 State Human Resources Act 3

SHRAct – What’s Changed? 8/21/2013 OAH Time Limits days to hear and make a decision once a contested case has commenced. Appeal from OAH - now to Court of Appeals 4

SHRAct – What’s Changed? 10/1/2015 Career Status – Formerly 24 consecutive months of service under Ch. 126 Now – 12 consecutive months of service under Ch

SHRAct – What Hasn’t Changed? OAH - makes final decision on employee grievances. Appeal to OAH - within 30 days of receipt of final agency decision. OAH decisions - binding on health departments regardless of issue. 6

Grievable Issues Now in 2016 Only grievable issues to OAH: 1.Discrimination in “application/terms & conditions/termination” of employment; 2.Retaliation in “application/terms & conditions/termination” of employment; 3.Lack of just cause in dismissal, demotion or suspension (except that a dismissal, demotion or suspension “which is not imposed for disciplinary reasons shall not be considered a disciplinary action” and is not a contested case issue [Reallocation Downward/RIF?]); 4.Involuntary separation due to unavailability. Agency’s burden only to prove employee was unavailable. 5.Genetic information has been added as a prohibited basis of discrimination. “Creed” has been dropped. 7

Who’s Covered Under SHRAct? All employees of county/district health departments, including the directors of the departments Employees of some Consolidated Human Services agencies 8

State Human Resources Act – What Applies Policies of the State Human Resources Commission on: 1.Classification of positions 2.Recruitment/Selection– including minimum qualifications 3.Pay Relationships – but NOT salary administration 4.Reduction in Force – basic principles only 5.Discipline and Dismissal procedures 6.Grievance rights, contested case hearing at OAH 9

Office of State Human Resources OSHR Services 1.Review of selected applicants to ensure that selected applicants meet minimum qualification standards of State classification system. * 2.Review of new/revised job descriptions to determine class/level of position. 3.Technical advice/assistance on employee relations issues. 4.Review of pay plans to recommend approval by the SHRC.* 10

STATE HUMAN RESOURCES COMMISSION SHRC Services The Commission reviews and approves local government pay plans* to insure that relationships are maintained among classes. NOTE: SHRC does NOT specify particular salary levels – the county sets pay levels at a level the county is able to afford. 11

Substantial Equivalency Under SHRAct, counties may petition SHRC for Substantial Equivalency status Substantial Equivalency status allows counties to substitute their policies and procedures for Human Resources Commission policies and procedures 12

Where S/E Is Possible Possible in these areas: 1.Recruitment/Selection 2.Classification/Compensation 3.Training 4.EEO 5.Political activity 6.Discipline/Dismissal/Grievances 13

DISCIPLINARY ACTION AND DISMISSAL Is It Possible to Terminate Anyone in This System?

Seven Deadly Sins of Managing Discipline 1.Failing to discipline when appropriate. 2.Failure to use the “at will” probationary period correctly. 3.Failing to document performance or behavioral issues. 4.Failing to investigate (or investigate thoroughly). 15

Seven Deadly Sins of Managing Discipline - II 5.Using a performance evaluation system that is dishonest or not factual. 6.Using discipline inconsistently. 7.Failing to discipline supervisors for incompetent performance as a supervisor. 16

Almost As Deadly - Messing Up the Process 1.Failing to check your facts before going forward 2.Failing to check with OSHR as to policy and/or procedure 3.Lack of specificity 17

And, Oddly Enough Not involving your HR/county HR and legal before taking (or not taking) action 18

Asleep At The Wheel Failure to use the “at will” probationary period. Failing to discipline – ex. irregular attendance. Failing to discipline supervisors for incompetent performance as a supervisor. 19

Maynard’s Law 20

Honesty Is the Best Policy - Sometimes Using a performance evaluation system that is dishonest. 21

Management that is... 22

Such As... Failing to discipline when appropriate – trusting that “things will work out” Failing to document performance or behavioral issues Failing to investigate thoroughly Using discipline inconsistently 23

And... Lack of specificity Failing to check your facts before going forward Failing to check with OSHR as to policy and/or procedure 24

How To Discipline & Make It Work Document – Use documentation - have honest performance evaluations If an employee can’t handle the job (including attendance) in the first 12 months, it ain’t ever gonna happen Supervisors who aren’t dealing with problem employees are stealing your money – deal with them, and THEN deal with employees 25

How To Discipline & Make It Work If your performance evaluations are more EXCEEDS or OUTSTANDING than anything else, then quit doing it (unless you’re the director of Lake Woebegone Health Department) Never discipline until you have heard the employee’s side of the story – don’t even write it up Be specific, even if it’s embarrassing 26

CONSOLIDATED HUMAN SERVICES AGENCY New Health Director Training 27

The CHSA Options 1.Directly assume the powers and duties of one or more local boards. Agencies stay the same. [Employees must remain subject to Ch. 126] 2.Create a consolidated human services agency (CHSA) and appoint a consolidated human services board. [CC choose SHRA or county policies] 3.Create a CHSA and directly assume the powers and duties of its board. [CC choose SHRA or county policies] NOTE: Default for Options 2 & 3 is county policies 28

Option One Option Two Option Three SPA optionalXX Manager hires agency director with advice and consent of board XX Must appoint public health advisory committee XX Must appoint person with health director qualifications XX 29

SHRAct & Merit Principles 1.Recruiting/selecting/adv ancing employees on merit 2.Equitable & adequate compensation 3.Retaining/separating on performance 4.Correcting performance 5.Protection against political influence 6.Assuring fair treatment 5 CFR § SHRC policies on recruitment, selection, promotion 2.Approval of pay plans 3.Disciplinary/Dismissal policies 4.Disciplinary/Dismissal policies 5.Disciplinary/Grievance policies 6.Grievance/EEO policies 25 NCAC 1I.0100 THE END

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