2013 Issue 3, Charter (Human Resources)

2013, Issue 3, Charter (Human Resources)

I.          Summary

             Issue 3.   Cuyahoga County Charter Amendment.    Proposed Charter Amendment to change name of “Human Resources Commission to “Personnel Review Commission”, to remove Executive’s power to appoint members to the Commission and provide for appointment and removal of Commission members solely by County Council, to amend the powers and duties of the Commission, and to establish a Director of Human Reources appointed by the County Executive subject to approval of County Council.

 II.        Background

             A.        Ballot Language

 ISSUE 3: Shall Article II, Section 2.03(12) Powers and Duties, and Article IX of the Charter of the County of Cuyahoga be amended to rename the “Human Resource Commission” the “Personnel Review Commission,” to provide that the County Council shall have the authority to appoint and remove members of the Personnel Review Commission, to clarify the Personnel Review Commission’s administrative powers and duties, and to formally establish an office of the Director of Human Resources?

 3 PROPOSED CHARTER AMENDMENT CUYAHOGA COUNTY

A majority affirmative vote is necessary for passage

Shall Article II, Section 2.03(12) Powers and Duties, and Article IX of the Charter of the County of Cuyahoga be amended to rename the "Human Resource Commission" the "Personnel Review Commission," to provide that the County Council shall have the authority to appoint and remove members of the commission, to clarify the commission's administrative powers and duties, and to formally establish an office of the Director of Human Resources?

 3 PROPUESTA DE ENMIENDA A LOS ESTATUTOS CONDADO DE CUYAHOGA

Se requiere un voto afirmativo por mayoría para su aprobación

¿Deberá enmendarse el Artículo II, Sección 2.03(12) Poderes y Deberes, y el Artículo IX de los Estatutos del Condado de Cuyahoga para cambiar el nombre de "Comisión de Recursos Humanos" a "Comisión de Revisión del Personal" para disponer que el Consejo del Condado tenga la autoridad para nombrar y destituir miembros de la comisión, para aclarar los poderes administrativos y deberes de la commission y para establecer formalmente una oficina del Director de Recursos

             B.        Report of the Charter Review Commission

 PERSONNEL REVIEW COMMISSION

[Amendment as formally adopted by the C.R.C. on 6/22/2013 by a vote of 8-0]

PROPOSED LANGUAGE

SECTION 9.01 HUMAN RESOURCE COMMISSION PERSONNEL REVIEW COMMISSION

There shall be a Personnel Review Commission. The County Executive, subject to confirmation by the Council, shall appoint the members of the Personnel Review Commission a Human Resource Commission, consisting of three electors of the County having experience in personnel matters or personnel administration and who are supportive of equal opportunity considerations. No more than two of the three members of the Personnel Review Commission Human Resource Commission shall be members of the same political party. The Personnel Review Commission is authorized to employ persons in the service of the County. The Personnel Review Commission Human Resource Commission shall be responsible for administering, for and in cooperation with the officers, agencies, boards and commissions of the County, an efficient and economical system for the employment of persons in the public service of the County according to merit and fitness. The County’s human resources policies and systems, including ethics policies for County employees, shall be established by ordinance and shall be administered in such manner as will eliminate unnecessary expense and duplication of effort, while ensuring that persons will be employed in the public service without discrimination on the basis of race, color, religion, sex, national origin, sexual orientation, disability, age or ancestry. The Personnel Review Commission shall submit a recommendation regarding any ordinance concerning County personnel policies prior to passage by County Council. In the event the Personnel Review Commission does not endorse an ordinance, the Personnel Review Commission may provide a Statement of Non-Endorsement to the County Council.

The term of office of each member of the Personnel Review Commission Human Resource Commission shall be six years. The terms shall be staggered so that no term expires within less than two years of the expiration of any other term. The County Executive shall fill a vacancy occurring for an unexpired term in the same manner as a regular appointment.

Of the terms of office for the initial appointees, one shall be appointed for a term of six years, one shall be appointed for a term of four years and one shall be appointed for a term of two years. The County Executive shall nominate the initial appointees to the Personnel Review Commission Human Resource Commission not later than March 1, 2011 and thereafter within thirty days after the occurrence of a vacancy.

No member of the Personnel Review Commission Human Resource Commission shall hold any other public office or public employment with the County. The Council shall establish a perdiem compensation for the members of the Personnel Review Commission Human Resource Commission.

The County Executive may remove any member of the Personnel Review Commission Human Resource Commission for inefficiency, neglect of duty or malfeasance in office after notice and public hearing before the Council, provided that eight two-thirds of the members of the Council concur.

SECTION 9.02 AUTHORITY OF PERSONNEL REVIEW COMMISSION HUMAN RESOURCE COMMISSION.

The Personnel Review Commission Human Resource Commission shall have:

(1) Responsibility for the resolution or disposition of all personnel matters, with authority to appoint hearing officers to hear all employee appeals previously under the jurisdiction of the State Personnel Board of Review, including those of classified employees who work for the County Executive, Prosecuting Attorney, County Planning Commission, and the County Public Defender;

(2) Responsibility for administration of countywide compliance with federal and state laws regarding personnel matters within the County Executive’s organization and departments which the County is the reporting unit and for maintenance of records required by such laws;

(3) For the County Executive’s organization and departments, authority to ensure:

- Pay equity for like positions;

- Standardization of benefits;

- Approval of qualifications;

- Consistent discipline;

- Training of management in personnel practices;

- Training of employees in job functions;

- Training for total quality management;

- Consistent administration of performance management system;

- Coordination of recruitment;

- Compliance with ethics resolutions or ordinances as passed by the Council;

(4) Responsibility for creation of rules and policies related to the Personnel Review Commission’s authority set forth in this Charter;

(45) Such other functions as may be deemed necessary by the Council for the Personnel Review Commission Human Resource Commission to carry out its mission and purpose.

SECTION 9.03 CLASSIFICATION

The Personnel Review Commission Human Resource Commission shall administer a clear, countywide classification and salary administration system for technical, specialist, administrative and clerical functions with a limited number of broad pay ranges within each classification. The classification system shall include the employees of the offices listed in Article V of this Charter, as well as those of the County Executive and County Council except those employees in positions designated as unclassified by general law. The classification system shall, to the extent permitted by the Ohio Constitution, include the classified employees of all offices, officers, agencies, departments, boards, commissions or other public bodies, other than separate political subdivisions, that are supported in whole or in part from taxes levied, or other financial assistance provided, by the County.

SECTION 9.04 APPOINTING AUTHORITIES The County Executive and the officers, offices, agencies, departments, boards and commissions and other public bodies, who under this Charter or under general law are authorized to employ persons in the service of the County, shall be appointing authorities. Persons interested in employment with the County shall make application to the Department of Human Resources. No appointing authority shall appoint a person to fill a vacancy in the classified service who does not meet the qualifications for that position approved by the Personnel Review Commission Human Resource Commission. All Appointing Authorities shall strive in making appointments in both the classified and the unclassified service to ensure that the diversity of the population of the County is reflected in the persons who are employed by the County.

SECTION 9.05 DEPARTMENT OF HUMAN RESOURCES

There shall be a Department of Human Resources, which shall, as part of its duties, serve under the direction of and perform such functions on behalf of the Personnel Review Commission Human Resource Commission as the Commission shall delegate prescribe. The Department of Human Resources shall provide regular reports to the Personnel Review Commission regarding the Department’s performance of such delegated functions in accordance with timeframes established by the Personnel Review Commission.

SECTION 9.06 DIRECTOR OF HUMAN RESOURCES: POWERS, DUTIES AND QUALIFICATIONS

The Director of Human Resources shall be appointed by the Executive to manage County employment matters including hiring, firing, discipline, layoffs, training, benefits, time and attendance, HR compliance, and drafting policies and procedures. The Director shall be responsible for offering support to the law department on all labor and employment matters. The Director of Human Resources shall have a minimum of five years of experience advising or working in the public sector, experience in employment related matters, management experience or related relevant experience.

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SECTION 2.03 POWERS AND DUTIES

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(12) To conduct collective bargaining regarding wages and compensatory benefits with any recognized employee bargaining unit in conjunction with the Human Resource Commission, and, administer uniform personnel procedures for all County employees, and to provide quarterly reports to the Personnel Review Commission regarding the County’s collective bargaining strategies and approved contracts.

 Rationale: The Charter incorporated a monumental shift in the manner in which Cuyahoga County performs its Human Resource duties. Previously, each elected office had its own Human Resource Department and there was no consistency in the hiring, firing, discipline or performance assessment of the county’s workforce. Charter Section 9 includes numerous provisions that have helped unify the county’s human resource performance and review. These proposals help clarify the role that the Human Resource Commission (HRC) plays and the interrelationship with the County Administration and the various other county entities. Additionally, in an effort to eliminate the confusion that often arises between the HRC and the County’s Human Resource Department, this proposal seeks to change the name of the HRC to the “Personnel Review Commission” to reflect the actual duties performed and to avoid confusion with similarly sounding names.

 III.       League Analysis

             Arguments For:   The Executive and the department directors under the Executive supervise most employees.  Most members of Council and many employee unions urged that having a Human Resources Commission appointed by the Executive did not provide a sufficient independence to hear appeals of disciplinary matters and the like.   Council has therefore proposed that the appointments, all for fixed terms, be appointed by action of Council alone.  In the process, the power to appoint the Human Resources  Director, who would actually lead the Department, would be appointed now by the Executive (not the Coummission), subject to County Council approval as with other department head appointments.

             Arguments Against: The County Executive did not support removing the appointment of Personnel Review Commission members from the Executive’s authority.

 IV.       Recommendation

             The Citizens League is not making a recommendation. We are publishing this information to assist the voters in their determination.