HR Services LLC 9192593415 dmhrservicesgmailcom Drake Maynard HR Services LLC 9192593415 dmhrservicesgmailcom NEW HEALTH DIRECTOR TRAINING Raleigh May 2016 The environment 2016 ID: 567110
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Drake MaynardHR Services, LLC919.259.3415 | dmhrservices@gmail.com
Drake Maynard HR Services, LLC919.259.3415 | dmhrservices@gmail.com
NEW HEALTH DIRECTOR TRAINING
Raleigh
| May 2016Slide2
The environment: 2016Part I
2Slide3
Changed effective August 21, 2013AND October 1, 2015
State Human Resources Act
3Slide4
SHRAct – What’s Changed?
8/21/2013OAH Time Limits - 180 days to hear and make a decision once a contested case has commenced
.
Appeal from OAH
- now
to Court of Appeals
4Slide5
SHRAct – What’s Changed?10/1/2015
Career Status – Formerly 24 consecutive months of service under Ch. 126Now – 12 consecutive months of
service under Ch. 1265Slide6
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.
6Slide7
Grievable Issues Now in 2016
Only grievable issues to OAH:
Discrimination in “application/terms & conditions/termination” of employment;
Retaliation
in “application/terms & conditions/termination” of employment
;
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
?])
;
Involuntary separation due to unavailability
. Agency’s burden only to prove employee was unavailable.
Genetic information
has been added as a prohibited basis of discrimination
. “Creed” has been dropped.
7Slide8
Who’s Covered Under SHRAct
?All employees of county/district health departments, including the directors of the departmentsEmployees of some Consolidated Human Services agencies
8Slide9
State Human Resources Act
– What AppliesPolicies of the State Human Resources Commission on:Classification of positionsRecruitment/Selection– including minimum qualifications
Pay Relationships – but NOT salary administrationReduction in Force – basic principles onl
y
Discipline and Dismissal procedures
Grievance rights, contested case hearing at OAH
9Slide10
Office of State H
uman ResourcesOSHR Services
Review of selected applicants to ensure that selected applicants meet minimum qualification standards of State classification system. *
Review of new/revised job descriptions to determine class/level of position.
Technical advice/assistance on employee relations issues.
Review of pay plans to recommend approval by the SHRC.*
10Slide11
STATE H
UMAN RESOURCES COMMISSIONSHRC 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
.
11Slide12
Substantial Equivalency
Under SHRAct, counties may petition SHRC for Substantial Equivalency statusSubstantial Equivalency status allows counties to substitute their policies and procedures for Human Resources Commission policies and procedures12Slide13
Where S/E Is Possible
Possible in these areas:Recruitment/SelectionClassification/CompensationTrainingEEO
Political activityDiscipline/Dismissal/Grievances
13Slide14
DISCIPLINARY ACTION AND DISMISSAL Is It Possible to Terminate Anyone in This System?Slide15
Seven Deadly Sins of Managing Discipline
Failing to discipline when appropriate.Failure to use the “at will” probationary period correctly.Failing to document performance or behavioral issues.Failing to investigate (or investigate thoroughly).
15Slide16
Seven Deadly Sins of Managing Discipline - II
Using a performance evaluation system that is dishonest or not factual.Using discipline inconsistently.Failing to discipline supervisors for incompetent performance as a supervisor.
16Slide17
Almost As Deadly -
Messing Up the Process Failing to check your facts before going forwardFailing to check with OSHR as to policy and/or procedure Lack of specificity
17Slide18
And, Oddly EnoughNot
involving your HR/county HR and legal before taking (or not taking) action18Slide19
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.
19Slide20
Maynard’s Law
No good deed goes unpunished.
20Slide21
Honesty Is the Best Policy - Sometimes
Using a performance evaluation system that is dishonest.
21Slide22
Management that is . . .
22Slide23
Such As . . .Failing to discipline when appropriate – trusting that “things will work out”
Failing to document performance or behavioral issuesFailing to investigate thoroughlyUsing discipline inconsistently
23Slide24
And . . .Lack of specificity
Failing to check your facts before going forwardFailing to check with OSHR as to policy and/or procedure24Slide25
How To Discipline & Make It Work
Document – Use documentation - have honest performance evaluationsIf 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
25Slide26
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 upBe specific, even if it’s embarrassing 26Slide27
Consolidated human services agencyNew Health Director Training
27Slide28
The CHSA Options
Directly assume the powers and duties of one or more local boards. Agencies stay the same. [Employees must remain subject to Ch. 126]Create a consolidated human services agency (CHSA) and
appoint a consolidated human services board. [CC choose SHRA or county policies]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
28Slide29
Option One
Option TwoOption ThreeSPA optional
X
X
Manager hires agency director with advice and consent of board
X
X
Must appoint public health advisory
committee
X
X
Must appoint person with health director
qualifications
X
X
29Slide30
SHRAct & Merit Principles
Recruiting/selecting/advancing employees on meritEquitable & adequate compensationRetaining/separating on performanceCorrecting performance
Protection against political influenceAssuring fair treatment5 CFR § 900.603
SHRC policies on recruitment, selection, promotion
Approval of pay plans
Disciplinary/Dismissal policies
Disciplinary/Dismissal policies
Disciplinary/Grievance policies
Grievance/EEO policies
25 NCAC 1I.0100
THE ENDSlide31
Drake Maynard
DMHRServices – (919) 259-3415dmhrservices@gmail.com