§ 2-46. Supplementary rules.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Administrative rules or procedural rules means a policy or regulation of general applicability which relates to:

(1)

The method, manner or mode of operation of county government;

(2)

Personnel practices; or

(3)

The implementation of substantive rules.

Substantive rules means a policy of general applicability which relates to employee benefits, current positions, classifications or a pay plan for all positions in county service.

(b)

Rulemaking authority.

(1)

The county administrator is empowered to promulgate, adopt and implement, without approval or public hearing of the board of county commissioners, administrative or procedural rules which relate to personnel and employment matters. Such rules may include rules which:

a.

Promote the orderly or efficient operation of county government.

b.

Promote or improve employee relations with county administrative and policy-making personnel.

c.

Establish a fair and expeditious program for processing grievances and disciplinary actions, in a manner which comports with relevant principles of due process of law.

d.

Establish a workable and efficient method for administering employee benefits and compensation programs established by the board of county commissioners, including vacation and sick leave benefits.

e.

Establish hiring practices to be followed by county administration and management personnel.

f.

Establish hiring and leave practices relating to exempt administrative and management personnel under the control of the county administrator.

g.

Establish hours of work, attendance, overtime and compensatory time practices.

h.

Establish practices concerning promotion, demotion, reclassification and vacancies.

i.

Establish method for determining the standing and the discipline, assignment and regulation of such employees, which matters may be solely within the jurisdiction and discretion of the county administrator.

j.

Establish procedures for the suspension, removal or termination of employees, which procedures must be approved by the board of county commissioners.

(c)

Career service system.

(1)

The provisions of the career service system are deemed to constitute substantive and procedural rules applicable to personnel matters in county government, with the exception of subsection (c)(2) of this section, until such rules are amended or repealed.

(2)

The county administrator shall have the authority to suspend, remove or terminate, with or without cause and without the approval of the board of county commissioners, any employee or officer under the control of the county administrator and in the exempt service. This subsection is adopted by the board of county commissioners for the purpose of eliminating any ambiguity in the interpretation of sections 1.02A and 1.04B(2) of the career service system.

(d)

Amendment.

(1)

The county administrator may amend any procedural or administrative rule when such an amendment is necessary to promote the efficiency of county government and remove ambiguities in interpretations. Such amendments shall be compiled in writing and made available to any interested employee or person. All such amendments pertaining to termination, suspension or removal of employees must be approved by the board of county commissioners by resolution.

(2)

The board of county commissioners may amend those substantive rules as defined in subsection (a) of this section by a duly adopted resolution.

(e)

Interpretations.

(1)

The county administrator or his designee, if the county administrator so chooses, shall be responsible for interpreting all administrative, procedural and substantive rules.

(2)

Written interpretations may be requested by the affected party.

(3)

Any employee aggrieved by an interpretation of a substantive rule, where such an interpretation is provided at the aggrieved person's request, may appeal the correctness of the interpretation to the board of county commissioners, who shall determine whether the appealed interpretation is consistent with the policy or intent of the board of county commissioners in providing the benefit subject to the interpretation. This subsection shall not apply to the termination, suspension or removal of an employee by the county administrator.

(f)

Conflict. If any conflict or discrepancy occurs between the provisions of the career service system and this section, this section shall prevail.

(Code 1970, § 1-11.4; Ord. No. 82-23, §§ 2—6, 8, 9-21-82)