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ARTICLE II. POSITION CLASSIFICATION PLAN

Section 1. Purpose.

The position classification plan provides a complete inventory of all authorized and permanent positions in the Board's service, and an accurate description and specification for each class of employment. The plan standardizes job titles, each of which is indicative of a definite range of duties and responsibilities.

Section 2. Use of the Position Classification Plan

The classification plan is to be used:

a) as a guide in recruiting and examining applicants for employment;

b) in determining lines of promotion and in developing employee training programs;

c) in determining salary to be paid for various types of work;

d) in determining personnel service items in the budget; and

e) in providing uniform job terminology.

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Section 3. Administration of the Position Classification Plan

The Executive Director shall allocate each position covered by the classification plan to its appropriate class, and shall be responsible for the administration of the position classification plan. The Executive Director shall periodically review the entire position classification plan and recommend appropriate changes through the Personnel Committee to the Board.

Section 4. Adoption of the Position Classification Plan

The position classification plan shall be adopted by the Board and shall be on file with the Executive Director. New positions shall be established upon recommendation of the Executive Director and approval of the Board. The Executive Director shall either allocate the new position into the appropriate existing class, or recommend that the Board amend the position classification plan to establish a new class to which the new position may be allocated.

Section 5. Request for Reclassification

Any employee who considers the position in which he/she is classified to be improper shall submit a request in writing for reclassification to the Executive Director.

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ARTICLE III. PAY PLAN

Section 1. Definition

The pay plan includes the basic salary schedule and the “Assignment of Classes to Grades and Ranges” adopted by the Board. The salary schedule consists of steps for hiring, minimum, midpoint, and maximum rates of pay for all classes of positions. Salary increases within the pay range shall be based on documented performance reviews.

Section 2. Administration and Maintenance

The Executive Director shall be responsible for the administration and maintenance of the pay plan. All employees covered by the pay plan shall be paid at a rate listed within the salary range established for the respective position classification, except for employees in trainee status or employees whose existing salaries are above the established maximum rate following transition to a new pay plan.

The pay plan is intended to provide equitable compensation for all positions, reflecting differences in the duties and responsibilities, the comparable rates of pay for positions with comparable rates in the labor market, changes in the cost of living, the financial conditions of the Board, and other factors. To this end, from time to time the Executive Director shall make comparative studies of factors affecting the level of salary ranges and will recommend to the Board such changes in salary grades as appear to be pertinent. Such assignments will be made by increasing or decreasing the assigned salary grade for the class.

In consideration of cost of living increases the Executive Director will obtain Consumer Price Index (CPI) data for the calendar year and consider that amount for the following fiscal year. The awarding of Cost of Living Adjustments (COLA) will be contingent on the availability of funds. An employee’s performance must be at least at the “good” or “satisfactory” level in order for the employee to be granted the COLA. If not, the employee would be eligible once performance has improved and been sustained for at least three months.

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Section 3. Starting Salaries

All persons employed in positions approved in the position classification plan shall be employed at the minimum salary for the classification in which they are employed; however, the Executive Director may approve exceptionally well qualified applicants up to the mid-point of the salary range, and for salary offers above the mid-point the Executive Director shall consult with the Personnel Committee prior to making any final salary offer.

Section 4. Trainee Designation and Provisions

Applicants being considered for employment who do not meet all of the requirements for the position for which they are being considered may be hired, promoted, demoted, or transferred by the Executive Director to a "trainee" status. In such cases, a plan for training including a time schedule must be prepared by the employee's supervisor. "Trainee" salaries may be no more than two grades below the minimum salary established for the position for which the person is being trained. A new employee designated as "trainee" shall be regarded as a probationary employee.

If the training is not successfully completed as planned, the trainee shall be transferred, demoted, or dismissed. Such assignments will be made by increasing or decreasing the assigned salary grade for the class. If the training is successfully completed, the employee shall be paid at least at the minimum rate established for the position for which the employee was trained.

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Section 5. Probationary Pay Increases

Employees hired or promoted at the hiring rate of the pay range shall receive a salary increase within the range of approximately 5% upon successful completion of the probationary period. Persons initially hired above the hiring rate of the range may be granted a 5% increase upon completion of the probationary period as determined based on internal relationships and the qualifications of the probationary employee.

Section 6. Performance Pay Increases

Supervisors shall conduct performance review conferences with each employee at least once a year; the schedule shall be established by the Executive Director. Performance evaluations shall be documented in writing. Employees may be considered for advancement within the established salary range based on the quality of their overall work performance. Procedures for determining performance levels and performance pay increases shall be established by the Executive Director.

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Section 7. Performance Pay Bonus

Employees who are at the top step of the salary range for their position classification are eligible to be considered for a merit bonus at their regular performance evaluation time. Merit bonuses shall be awarded based upon the performance of the employee as described in the annual performance evaluation. The amount of the merit bonus shall be calculated as the same percentage of annual salary that is designated for the respective performance rating level (i.e. “outstanding”, “excellent”, etc.) Merit bonuses do not become part of base pay and are awarded in a lump sum payment at one time.

Section 8. Salary Effect of Promotions, Demotions, Transfers, Reclassifications, and Reassignments

Promotions. When an employee is promoted to another position at a higher level, the employee's salary shall normally be advanced to the minimum level of the new position, or to a salary which provides an increase of at least 5% over the employee's salary before the promotion, provided, however, that the new salary may not exceed the maximum rate of the new salary range. The purpose of the promotion pay increase is to recognize and compensate the employee for taking on increased responsibility.

Demotions. When an employee is demoted to a lower level position for which qualified, the salary shall be set at the rate in the lower pay range which provides the smallest decrease in pay if action is not for cause. If the current salary is within the new range, the employee's salary may be retained at the previous rate. If the demotion is for cause, the salary shall be decreased by at least 5%, or to the maximum of the new range.

Transfers. The salary of an employee reassigned to a position in the same class or to a position in a different class with the same salary range shall not be changed by the reassignment.

Reclassifications. An employee whose position is reclassified to a class having a higher salary range shall receive a pay increase of at least 5% and no more than 15%, or an increase to the minimum of the new pay range, whichever is higher. If the position is reclassified to a lower pay range, the employee's salary shall remain the same. If the employee's salary is above the maximum established for the new range, the salary of that employee shall be maintained at the current level until the range is increased above the employee's salary.

Reassignments. Based on organizational structure, workload, and financial conditions, an employee could be asked to accept a position with a lower salary grade. This action is taken because of Board need and has nothing to do with the employee. In such cases, this is called a reassignment. No salary cut or change will occur as a result of a reassignment.

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Section 9. Salary Effect of Salary Range Revisions

When a class of positions is assigned to a higher salary range determined to be appropriate to maintain competitive pay levels with the market, employees in that class shall receive a pay increase of at least 5%, or to the hiring rate of the new range, whichever is higher. When a class of positions is assigned to a lower salary range, the salaries of employees in that class will remain unchanged. If this assignment to a lower salary range results in an employee being paid at a rate above the maximum step established for the new class, the salary of that employee shall be maintained at that level until such time as the employee's salary range is increased above the employee's current salary.

Section 10. Effective Date of Salary Changes

Salary changes approved after the first working day of a pay period shall become effective at the beginning of the next pay period, or at such specific date as may be provided by procedures recommended by the Executive Director and approved by the Board.

If an increase is denied because of performance, the increase may be granted effective the first of the month following the documented improvement.

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Section 11. Overtime Pay Provisions for Fair Labor Standards Act Non-Exempt Employees

Employees of the CWMTF can be requested and may be required to work overtime hours as necessitated by the needs of the CWMTF and workload needs and demands determined by the Executive Director. Generally, the Executive Director will hold hours worked by non-exempt employees to the established 40-hour workweek standard. It is the responsibility of the Executive Director to determine that the provision of overtime pay is administered in the best interest of the Board. The Executive Director is also responsible for internal controls which will provide a means of controlling unauthorized overtime and for reviewing and evaluating the use of overtime. All overtime must be approved by the Executive Director before it is worked.

The CWMTF will comply with the Fair Labor Standards Act (FLSA). The Executive Director with the approval of the Board shall determine which jobs are "non-exempt" and are therefore subject to the Act in areas such as hours of work and work periods, rates of overtime compensation, and other provisions.

Non-exempt employees will be paid at a straight time rate for forty (40) hours in a workweek. The workweek is a regularly recurring period of 168 consecutive hours, beginning 12:01 a.m. Mondays. Hours worked beyond the 40-hour limit will be paid or compensatory time granted at the appropriate overtime rate, usually time-and-one-half the employee's regular rate. In determining eligibility for overtime in a work period, only hours actually worked shall be considered; in no event will vacation, sick leave, or holidays be included in the computation of hours worked for FLSA purposes.

Whenever practical, the Executive Director will schedule time off on an hour-for-hour basis within the applicable work period for non-exempt employees, instead of paying overtime. When time off within the work period cannot be granted, overtime worked will be paid in accordance with the FLSA.

Unrecorded hours worked during a workweek by an employee at the job site or at the employee’s home must be counted as hours worked if the employer knows or has reason to know of such practice. The Executive Director shall establish internal controls on hours worked to ensure adherence to the 40-hour workweek for non-exempt employees.

Meal Period. A bona fide meal period is a span of at least 30 consecutive minutes, never less, during which an employee is completely relieved of duty and free to use the time for his/her own purposes. It is not counted as hours worked or paid time. Any so-called “meal period” of less than 30 consecutive minutes must be paid as hours worked.

Training Time. Required attendance at training sessions, workshops, and other meetings, whether before, during or after the employee’s regular work schedule, is work time. Voluntary attendance at training sessions, workshops, and other meetings is not work-time. Attendance is voluntary only if the employee is not led to believe that his/her working conditions or continued employment would be adversely affected by non-attendance.

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Section 12. Compensatory Time for Employees Exempt from FLSA

Full and part time (half time and more) employees in positions determined to be "exempt" from the FLSA (as Executive, Administrative, or Professional staff) will not receive pay for hours worked in excess of their normal work periods, but the Executive Director will attempt to provide these employees with compensatory time on an hour for hour basis, to the extent that workload allows.

Section 13. Longevity Pay

Regular full and part time employees of the CWMTF that have at least 10 years of State service are compensated for continuous years of service with the State. Annual longevity pay amounts are based on the length of aggregate State service and a percentage of the employee’s annual rate of base pay on the date of eligibility.

Years of Aggregate State/Board Service Longevity Amount
10 but less than 15 years 1.5%
15 but less than 20 years 2.25%
20 but less than 25 years 3.25%
25 or more years 4.5%

Longevity pay is automatic. Payment will be made in a lump sum during the same monthly pay period that the employee is eligible to receive longevity pay. This includes employees on Workers’ Compensation leave. If an employee is in pay status or is on authorized military leave for one half or more of the regularly scheduled workdays and holidays in a pay period, credit shall be given for the entire pay period. Salary increases effective on the longevity date will be incorporated in the base pay before computing longevity.

Longevity pay is not considered a part of the annual base pay for classification and pay purposes, nor is it to be recorded in personnel records as a part of annual base salary.

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Section 14. Longevity Pay: Service Defined

Total State service is the time of full or part time (20 hours or more) employment of employees with a regular, permanent, trainee, probationary, or time limited appointment.

Credit shall also be given for:

• Employment with other governmental units which are now State agencies. (Examples: county highway maintenance forces, War Manpower Commission, Judicial System).
• Relevant employment with county and municipal governments. The Executive Director shall determine if previous employment is considered relevant for the purposes of this section.
• Authorized military leave from any of the governmental units for which service credit is granted provided the employee is reinstated within the time frames outlined in the military leave policy.
• Authorized worker’s compensation leave from any governmental units for which service credit is granted.
• Employment with the county Agricultural Extension Service, Community College System and public school system of North Carolina, with the provision that a school year is equivalent to one full year (credit for partial year is given on a month for month basis for the actual months worked).
• Employment with a local Mental Health, Public Health, Social Services or Emergency Management agency in North Carolina if such employment is subject to the State Personnel Act.
• Employment with the General Assembly (except for participants in the Legislative Internship program and pages). All of the time, both permanent and temporary, of the employees shall be counted, and the full legislative terms of the members.

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Section 15. Longevity Pay: Separations and Pro-Rated Longevity Payments

A pro-rated payment shall be made to an eligible employee who retires, resigns, or is otherwise separated before the date of annual eligibility.

The longevity pay amount shall be computed on the salary as of the last day worked; then it is prorated by an amount equal to the proportion of the year worked toward the annual eligibility date. Example: The employee will receive 1/12 of the annual amount for each month worked toward the next longevity payment. Thus, if an employee received longevity on January 1 and separates on July 31, 7/12 of the full longevity payment would be paid.

The payment should be made to the nearest cent rather then the nearest dollar. The only exception is if an employee has a fraction of a year toward the next higher percentage rate, the payment would be based on the higher rate. For example, if an employee has 19 years and 3 months service, the payment would be 3.25% rather than 2.25%.

If the employee is reinstated, the balance of the longevity payment shall be made upon completion of additional service totaling 12 months since the last full longevity payment. The balance due is computed on the annual salary being paid at the completion of the 12 months.

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Section 16. Longevity Pay: Employees from other State Agencies

When an individual is hired that is a current employee with another State agency, CWMTF shall pay the appropriate longevity payment based on the salary in effect on the eligibility date.

Section 17. Longevity Pay: Leave Without Pay

If an eligible employee goes on leave without pay, longevity pay shall not be paid until the employee returns and completes the full year. If, however, the employee should resign while on leave without pay, the prorated amount for which the employee is eligible is paid.

Section 18. Longevity Pay: Military Leave Without Pay

If an eligible employee goes on extended military leave without pay, a longevity payment computed on a prorated basis shall be paid. The balance will be paid when the employee returns and completes a full year. Then, a full payment will be made on the employee’s longevity date that was established before going on leave without pay.

Example: Received longevity on 6-1-95 on 11 years service; extended military leave without pay on 9-1-95 (pay 3/12 longevity for 12 years); reinstated on 12-1-96; pay 9/12 longevity effective 9-1-97 on 13 years (has 13 years 3 months total State service); pay full longevity effective 6-1-98 on 14 years.

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Section 19. Longevity Pay: Short Term Disability and Workers’ Compensation

If an eligible employee goes on leave without pay due to short-term disability, a prorated longevity payment will be made at the time the employee leaves.

If an eligible employee goes on Workers’ Compensation leave, longevity shall be paid as if the employee is working.

Section 20. Payment of Salary and Benefits Upon Death

The CWMTF will make payment for unpaid salary, appropriate longevity pay, and accumulated leave and travel, upon establishment of a valid claim, to a deceased employee’s administrator or executor. In the absence of an administrator or executor, payment will be made to the Clerk of Superior Court of the county of the deceased employee’s residence.

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Section 21. Payroll Deductions

Deductions shall be made from each employee's salary, as required by law. Additional deductions may be made upon the request of the employee on determination by the Executive Director as to capability of the payroll system.

ARTICLE IV. RECRUITMENT AND EMPLOYMENT

Section 1. Equal Employment Opportunity Policy

It is the policy of the CWMTF to foster, maintain and promote equal employment opportunity. The CWMTF shall select employees on the basis of the applicant's qualifications for the job and award them, with respect to compensation and opportunity for training and advancement, including upgrading and promotion, without regard to age, sex, race, color, creed, religion, national origin, disability, or political affiliation. Applicants with physical handicaps shall be given equal consideration with other applicants for positions in which their qualifying handicaps do not represent an unreasonable barrier to satisfactory performance of duties.

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Section 2. Implementation of Equal Employment Opportunity Policy

All personnel responsible for recruitment and employment will continue to review regularly the implementation of this personnel policy and relevant practices to assure that equal employment opportunity based on reasonable, job-related job requirements is being actively observed to the end that no employee or applicant for employment shall suffer discrimination because of age, sex, race, color, religion, disability, national origin, or political affiliation.

Equal Employment Opportunity (EEO) Plan. The Executive Director shall develop and recommend to the Board an EEO Plan that will includes goals and programs to provide positive measures to assure equitable and fair representation of North Carolina citizens. The plan shall be submitted to the DENR Personnel Director for review and comment.

EEO Training. Within one year of employment new managers/supervisors shall attend the EEO Institute provided by the Office of State Personnel. The CWMTF will provide necessary resource materials and supplies.

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Section 3. Recruitment, Selection and Appointment

Recruitment Sources. When position vacancies occur, the Executive Director shall publicize these opportunities for employment, including applicable salary information and employment qualifications. Information on job openings and hiring practices shall be provided to recruitment sources including organizations and news media available to minority applicants. In addition, notice of vacancies shall be posted at the CWMTF's central office. Individuals shall be recruited from a geographic area as wide as necessary to ensure that well-qualified applicants are obtained. The North Carolina Employment Security Commission shall be used as a recruitment source.
Job Advertisements. Employment advertisements shall contain assurances of equal employment opportunity and shall comply with Federal and State statutes.

Application for Employment. Applications for employment will only be accepted when CWMTF has advertised a vacancy with the intent of filling the position. All persons expressing interest in employment with the CWMTF shall be given the opportunity to file an application for advertised vacancies.

Application Reserve File. Applications shall be kept in an inactive reserve file for a period of two years, in accordance with Equal Employment Opportunity Commission guidelines.

Selection. The Executive Director shall make such investigations and conduct such examinations as necessary to assess accurately the knowledge, skills, and experience qualifications required for the position. All selection devices administered by the CWMTF shall be valid measures of job performance.

Appointment. The Executive Director shall approve the appointment and the starting salary for new employees. Documentation on the reasons for selection and non-selection shall be made a part of the permanent record and applicant files.

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Section 4. Probationary Period

Anyone hired, appointed or promoted to a regular or a temporary position shall serve a probationary period of six months. The probationary period may be extended up to twelve months by the Executive Director. The probationary period applies to all employees, including those transferring to the CWMTF from other positions within any state agencies.

During the probationary period, supervisors shall monitor an employee's performance and communicate with the employee concerning performance progress. Before the end of the probationary period, the supervisor shall conduct a performance evaluation conference with the employee and discuss accomplishments, strengths, and needed improvements. A summary of this discussion shall be documented in the employee's personnel file. The supervisor shall recommend in writing whether the probationary period should be completed, extended, or the employee transferred, demoted, or dismissed. Probationary periods may be extended for a maximum of six additional months.

Disciplinary action, including demotion and dismissal, may be taken at any time during the probationary period of a new hire without following the steps outlined in these policies. A promoted employee who does not successfully complete the probationary period may be transferred or demoted to a position in which the employee shows promise of success. If no such position is available, the employee shall be dismissed.

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Section 5. Promotion

Promotion is the movement of an employee from one position to a vacant position in a class assigned to a higher salary range. It is the CWMTF's policy to create career opportunities for its employees whenever possible. Therefore, when a current employee applying for a vacant position is the best suited of all applicants, that applicant shall be appointed to that position. However, if other applicants possess comparable qualifications and if the CWMTF would continue any historical discriminatory employment practices by automatically promoting or transferring the current employee without considering other applicants, the Executive Director will carefully consider the qualifications of other applicants in filling the position. Candidates for promotion shall be chosen on the basis of their qualifications and their work records. Candidates shall apply for promotions using the same application process as external candidates.

Section 6. Demotion

Demotion is the movement of an employee from one position to another position assigned to a lower salary range. An employee whose work or conduct in the current position is unsatisfactory may be demoted provided that the employee shows promise of becoming a satisfactory employee in the lower position. Such demotion shall follow the disciplinary procedures outlined in these policies.

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Section 7. Transfer

Transfer is the movement of an employee from one position to a position in a class in the same salary range. If a vacancy occurs and an employee is eligible for a transfer, the employee shall apply for the transfer using the usual application process. Any employee transferred without requesting the action may appeal the action in accordance with the grievance procedure outlined in these policies. An employee who has successfully completed a probationary period may be transferred into the same classification without serving another probationary period.

Section 8. Reassignment

Reassignment is the movement of an employee from one position to a position in a lower salary range, because of organizational structure, workload, or financial conditions. The employee has done nothing to cause this action to occur; it is solely an organizational decision.

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ARTICLE V. CONDITIONS OF EMPLOYMENT

Section 1. Work Schedule

The Executive Director shall establish work schedules that meet the CWMTF operational needs in the most cost-effective manner possible. The standard workweek is 40 hours per week. The normal daily work schedule is based on nine hours occurring while the office is open (8:00 a.m. to 5:00 p.m.) which includes an hour for lunch. Flexible work schedules are permitted with the approval of the Executive Director.

It is the policy of the CWMTF that an employee be allowed to choose a daily work schedule which, subject to CWMTF necessities, is most compatible with the employee’s needs. This will be referred to as a variable work schedule. The Executive Director is responsible for arranging operating procedures that are consistent with the needs of the CWMTF and the public. At the same time, these procedures should accommodate, as far as possible, an employee’s choice of daily work schedule within the established limits. If any adjustments of work schedules are necessary, this should be done fairly and equitably as possible. The following operating procedures apply:

An employee may start work anytime between 7:00 am and 9:00 am. The employee will work eight hours on each normal workday. The lunch period will consistently be either one hour or one-half hour and will be scheduled to meet the needs of the CWMTF.

If an employee needs to change his/her work schedule this will be permitted if the workload can be arranged so that this change is not detrimental to the functioning of the office.

Each new employee will be given detailed information about the variable work schedule, and given the opportunity to select the schedule he/she prefers prior to reporting for work. Work schedules are to be associated with individuals and not with positions, with the exception that there may be positions that must be filled on some predetermined schedule. In these exceptional cases, applicants will be informed of this predetermined schedule prior to any offer and acceptance of employment.

An employee who arrives later than the scheduled time, but before 9:00 am may be permitted to make up the deficit during the remainder of that same workweek or the appropriate type of leave must be taken. Any make-up time must be before or after scheduled work hours. The Executive Director is responsible for taking action to correct any abuse or misuse of the privilege.

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Section 2. Work Locations and Travel Requirements

Employees may be located in the Raleigh office or may be assigned to a field location across the state depending on the work requirements. Employees assigned to field locations may elect to work from their home or to work from an office provided by the Department of Environment and Natural Resources.

Travel Requirements. Positions assigned to field locations involve the requirement of travel and employees must maintain a valid North Carolina driver’s license at all times.

Section 3. Political Activity

Each employee has a civic responsibility to support good government by every available means and in every appropriate manner. Each employee may join or affiliate with civic organizations of a partisan or political nature, may attend political meetings, may advocate and support the principles or policies of civic or political organizations in accordance with the Constitution and laws of the State of North Carolina and in accordance with the Constitution and laws of the United States. However, no employee shall:

a) Engage in any political or partisan activity while on duty;

b) Use official authority of influence for the purpose of interfering with or affecting the result of a nomination or an election for office;

c) Be required as a duty of employment or as condition for employment, promotion
or tenure of office to contribute funds for political or partisan purposes;

d) Coerce or compel contributions from another employee of the CWMTF for political or partisan purposes;

e) Use any supplies or equipment of the CWMTF for political or partisan purposes;

f) Be a candidate for nomination or election to an elected State office unless one has an approved leave of absence;

g) Publicly endorse candidates for nomination, election or appointment to a State office; or

h) Solicit, or act as custodian of, funds for political or partisan purposes.

Any violation of this section shall subject the employee to disciplinary action including dismissal.

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Section 4. Ethics and Conduct

Staff members, by the nature of their work, may be in close contact with the public at large. It is expected that each employee of the CWMTF will conduct him/herself in a manner that reflects courtesy, dignity, and the highest ethical conduct. Employees are expected to comply with all laws of the State.

Section 5. Outside Employment

The work of the CWMTF shall have precedence over other occupational interests of employees. All outside employment for salaries, wages, or commission and all self-employment must be reported in advance to the Executive Director, who will review such employment for possible conflict of interest, and obtain the approval of the Board. Conflicting or unreported outside employment are grounds for disciplinary action up to and including dismissal.

Section 6. Employment of Relatives

The CWMTF prohibits the hiring and employment of immediate family in regular or part-time positions. The CWMTF also prohibits the employment of any person into a regular position who is an immediate family member of individuals presently serving on the Board.

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Section 7. Harassment

Harassment on the basis of race, color, creed, religion, gender, national origin, age, or disability constitutes discrimination. The CWMTF opposes harassment by supervisors and coworkers in any form. Harassment is verbal or physical conduct that belittles or shows hostility or aversion toward an individual because of his or her race, color, creed, religion, gender, national original, age, or disability, or that of his or her relatives, friends, or associates.

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when 1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; 2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or 3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

Any employee who believes that he or she may have a complaint of harassment may file the complaint directly with Executive Director, who will conduct an investigation into any allegation of harassment and advise the employee and Personnel Committee who in turn will inform the Board of the outcome of the investigation. If the allegations are against the Executive Director, the complaint shall be filed with and investigated by the Chair of the Personnel Committee and a recommendation made to the Board. Findings shall be reported through the Personnel Committee to the Board and to the employee.

Employees witnessing harassment are encouraged to report such conduct to the Executive Director.

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Section 8. Acceptance of Gifts and Favors

No official or employee of the CWMTF shall accept any gift, favor, or thing of value that exceeds $25 in value, that may tend to influence such employee in the discharge of the employee's duties, or grant in the discharge of duty an improper favor, service, or thing of value.

Section 9. Use of Board Time, Equipment, Supplies, and Vehicles

CWMTF equipment and supplies are to be used exclusively for business of the CWMTF. During working hours, an employee shall only conduct CWMTF business. Use of CWMTF time, supplies, or equipment for personal or other purposes not related to the employee's CWMTF duties and responsibilities is prohibited and subjects the employee to disciplinary action, up to and including dismissal.

When using State vehicles for business travel, employees are expected to use them only for work related purposes. Incidental use of vehicles for stops such as lunch and personal errands (i.e. laundry pickup, etc) are allowed on the way to and from work.

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Section 10. Immigration Law Requirements

All employees are required to furnish proof of citizenship or other required documents indicating a legal right to work in the United States. Copies of the completed I-9 form shall be a permanent part of their personnel file.

Section 11. Driver License Requirements

Persons applying for positions that operate a motor vehicle must present a valid North Carolina driver’s license at the time of employment. The Executive Director will ensure that prior to employment a review of the driving record is conducted with the person to be hired. This will become part of the personnel file.

Section 12. Drug Free Workplace

The CWMTF will work to maintain a workforce that is free of any drug and alcohol abuse. This commitment is based on the belief that CWMTF has a responsibility to maintain the safety of its employees and the general public.

The CWMTF prohibits the use, manufacture, conveyance, possession or distribution of illicit substances on its premises and maintains a drug free workplace. Any violation of this policy will subject employees to adverse employment action, up to and including immediate dismissal.

The CWMTF is concerned with those situations where the use of alcohol and other drugs seriously interferes with any employee's job performance, adversely affects the safety of the public or other employees, or is considered serious enough as to be detrimental to the CWMTF’s business.

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Section 13. Drug Free Workplace: Alcohol and Substance Abuse consists of any of the following:

(a) any use of illegal drugs or controlled prescription drugs obtained unlawfully; or

(b) excessive use of lawfully obtained prescription drugs or over the counter drugs or alcohol when such use substantially impairs job performance, alters work behavior, and/or creates a risk to the health and/or safety of the employee or others.

Drug: A controlled substance as defined in North Carolina General Statute 90-7(5) or a metabolite thereof. These substances include but are not limited to marijuana, cocaine, heroin, prescription drugs, alcohol, opiates, amphetamines, and synthetically produced drugs or other impairing substances. Drugs, unless the context indicates otherwise, do not include non-controlled, over-the-counter drugs.

Levels of over-the-counter drugs, which significantly and adversely affect employee performance will be determined through the testing process contained in Section 15 below.

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Section 14. Drug Free Workplace: Reasonable Suspicion

When there is a belief that an employee is probably using or has recently used drugs or alcohol in violation of the CWMTF's policy the employee will be required to submit to drug testing. This belief shall be based upon specific, objective, and explainable facts and reasonable inferences.

Section 15: Drug Free Workplace: Testing

Testing and analysis will be conducted by a certified laboratory or agency to determine blood alcohol or drug level, using appropriate methods (blood or other tests), and that follows the chain of custody and other procedural guidelines.

The CWMTF will use approved "5 panel" drug test, at the cut-off levels specified by the US Department of Health and Human Services, for reasonable suspicion, post-accident, and return to duty. Other tests may be conducted to determine impairment from other substances, if needed.

The CWMTF will use .04 as the level for determining alcohol impairment on the job.

Types of testing include:

(1) Reasonable suspicion testing: Testing conducted on an employee based on the belief that he or she is likely using or has recently used drugs or alcohol and that this use has affected job performance. (See Reasonable Suspicion)

(2) Return-to-duty and follow-up testing: Testing conducted when an employee has violated alcohol or drug testing standards and returns to performing duties following evaluation by substance abuse professionals and, if necessary, treatment. Testing is conducted prior to the return to work and on an unannounced/random basis throughout the next 12 months.

(3) Post-accident testing--drug and alcohol Required to be conducted after vehicle accidents; drivers whose performance could have contributed to the accident, as determined by citation for a moving traffic violation; conducted where there is an injury treated at or away from the scene, or when a vehicle is towed from the scene. Always conducted for fatal accidents even if the driver is not cited for a moving traffic violation. If not conducted by law enforcement officers as a part of their investigation of the accident, alcohol testing is required to be conducted by the CWMTF; if alcohol tests are conducted by law enforcement officials, these results will take precedence over CWMTF testing.

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Section 16: Drug Free Workplace: Treatment and Counseling

Early recognition and treatment of chemical dependency problems is important for successful rehabilitation. The CWMTF supports and encourages sound treatment efforts. The employee is ultimately responsible for seeking and engaging in treatment for any drug dependency or misuse.

The CWMTF may require an employee to seek counseling and treatment as a prerequisite to continued employment. The CWMTF will provide information to employees regarding potential agencies with professionally trained staff for testing and counseling employees concerning alcohol or drug problems.

Employees will not be penalized for seeking help on their own. However, constructive disciplinary measures (such as counseling, warnings, and suspensions) may be used to provide motivation to improve job performance. Improving job performance may involve treatment for a substance abuse problem if this abuse has adversely affected performance.

However, voluntary or mandatory participation in counseling or other treatment programs will not excuse continued work performance deficiencies. Employees are still subject to disciplinary action, up to and including dismissal, in accordance with the CWMTF’s policy.

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Section 17. Child Support Enforcement Compliance

The CWMTF is required to furnish information and be in compliance in accordance with child enforcement regulations as outlined in G. S. 110 -129.2. Therefore, all required information on employees is furnished in accordance with this law.

Section 18. Inclement Weather

CWMTF offices are open and operating on a regular schedule in case of snow or other inclement weather, unless the Governor announces on the public media that State government employees in the Raleigh area are not expected to work or are opening on a delayed schedule. Employees who must be absent or delayed because of their individual situations may make up the time, or may use compensatory and vacation leave when the CWMTF offices are open and they are not present. If an employee elects to make up the time, it must be made up within 12 months. If the time has not been made up within 12 months, then the time must be charged to earned compensatory and vacation leave, or to leave without pay. If the employee transfers to another agency, the time can be transferred as a negative if the new agency will accept this; if the new agency will not accept the transfer, then earned compensatory and vacation time must be used. Make-up time for FLSA non-exempt employees must be limited to the workweek in which the time is lost or in a week when the employee has not worked a full work schedule due to such absences as holidays, vacation, sick leave, etc.

Employees located in the field may work from their home offices during times of inclement weather in their geographical area.

Employees who must be absent or delayed because of their individual situations shall contact the Raleigh office and notify the Executive Director, Deputy Director, or other staff that they cannot travel to the office due to the inclement weather.

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Section 19. Workplace Violence

The CWMTF is committed to providing, in so far as it reasonably can do so within available resources, a safe environment for working and conducting business. The CWMTF will not tolerate acts of violence committed by or against CWMTF employees, or members of the public, while on CWMTF property or while performing CWMTF business at other public locations. The CWMTF cannot reasonably intervene in field staff’s home office environments.

Workplace violence includes, but is not limited to, intimidation, threats, physical attack, domestic violence or property damage and include acts of violence committed by or against CWMTF employees, clients, relatives, etc. in the workplace.

Violent actions on CWMTF property or facilities, or while on CWMTF business, will not be tolerated or ignored. Any unlawful violent actions committed by employees or members of the public while on CWMTF property, or while using CWMTF facilities, will be prosecuted as appropriate. The CWMTF intends to use reasonable legal, managerial, administrative, and disciplinary procedures to secure the workplace from violence and to reasonably protect employees and members of the public.

NOTE: This is a zero-tolerance policy, meaning that the CWMTF disciplines or terminates every employee found to have violated this policy.

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Section 20. Workplace Violence: Policy and Procedures

The CWMTF will follow the policy and procedures of the Department of Environment and Natural Resources (DENR). The policy is included in the Addendum to this policy manual.

The purpose of the workplace violence policy is to achieve the following:

• Reduce the potential for violence in and around the workplace;
• Encourage and foster a work environment that is characterized by respect and healthy conflict resolution; and
• Mitigate the negative consequences for employees who experience or encounter violence in the workplace.

Section 21. Workplace Violence: Responsibilities

Employees are responsible for refraining from acts of violence and for seeking assistance to resolve personal issues that may lead to acts of violence in the workplace; and reporting to management any dangerous or threatening situations that occur in the workplace.

Employees are encouraged to be alert to the possibility of violence on the part of employees, former employees, clients and strangers and report these to the Executive Director. All reports of potential violence or violence will be handled in a confidential manner, with information released only on a need to know basis. Management will be sensitive and responsive to the reporting employee’s fear of reprisal.

If the complaint involves the Executive Director, the employee should contact the Chair of the Personnel Committee.

The Executive Director will take appropriate actions to ensure a safe workplace and work in cooperation with the DENR personnel office to access the services of the DENR Crisis Management Team, if needed.

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ARTICLE VI. EMPLOYEE BENEFITS

Section 1. Eligibility

All regular and probationary employees of the CWMTF are eligible for employee benefits as provided for in this Article which are subject to change at the General Assembly or the CWMTF’s discretion. Part-time employees, working 20 hours or more are eligible for some benefits on a pro-rated basis or as required by Federal or State legislation. Temporary employees are eligible only for workers' compensation.

Section 2. Group Health and Hospitalization Insurance

The State provides a major medical, group health and hospitalization, insurance program for regular employees. Premiums for the individual full time regular employees are paid by the State. Employees may enroll family members by paying the additional premium costs.

Information concerning cost and benefits shall be available to all employees from the Executive Director.

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Section 3. Life Insurance

The State Department of Environment and Natural Resources may provide life insurance programs that employees may be eligible to participate. Employees would be responsible for premium payments.

Section 4. Other Group Insurance Plans

CWMTF employees may be eligible to participate in other group insurance plans available to employees of the Department of Environment and Natural Resources.

Section 5. Retirement Program

Each employee who is expected to work for the CWMTF more than 1,000 hours annually shall join the NC State Employees and Teachers Retirement System when eligible as a condition of employment.

Employees contribute, through payroll deduction, six percent of their gross salary to the system.

Provisions of this system are further outlined in the NC State Employees and Teachers Retirement System handbook available from the DENR Payroll Office.

Death Benefit – After one year of employment, members of the NC State Employees’ and Teachers’ Retirement System are automatically eligible for a death benefit equal to the employee’s previous year salary, not to exceed the amount established by the Retirement System.

Disability – Long term disability coverage is covered under the retirement system.

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Section 6. Social Security

The State follows the rules and requirements of the federal government for monetary contributions and employee deductions for this Federally mandated benefit.

Section 7. Workers' Compensation

Any employee of the CWMTF, full-time, part-time, and temporary that suffers an accidental injury or occupational disease within the meaning of the Workers’ Compensation Act is entitled to benefits provided by the Act. The intent of this policy is to ensure that employees injured on the job are provided compensation in accordance with the Act.

The Workers’ Compensation law provides medical benefits and disability compensation including a weekly benefit for time lost. The weekly benefit is equal to 66-2/3 of the employee’s average weekly earnings up to a maximum established by the Industrial Commission each year.

Employee Responsibility. It is the responsibility of the injured employee to report all injuries arising out of and in the course of employment to their immediate supervisor at the time of the injury in order that appropriate action may be taken at once. The employee must also file a claim through the Executive Director with the Industrial Commission. No compensation shall be payable unless written notice is given within 30 days, unless reasonable excuse is made to the satisfaction of the Industrial Commission for not giving notice and the Commission is satisfied that employer has not been prejudiced thereby.

Claims must be filed by the employee with the NC Industrial Commission within two years from date of injury.

Executive Director Responsibility. The Executive Director shall report an injury to the NC Industrial Commission using the NCIC Form 19 within five days from knowledge of any claim that results in more than one day’s absence from work or if medical expenses exceed the reportable amount established by the Industrial Commission. When an employee who has been injured on the job and placed on Workers’ Compensation leave, has been released to return to work by the treating physician, the Executive Director shall return the employee to the same position held or one of like seniority, status, and pay prior to workers’ compensation leave; or develop a structured work plan for those who have not reached maximum medical improvement, but is ready for limited duty, or has reached maximum medical improvement, but has a disability.

Leave Usage. See the section on Workers’ Compensation Leave in Article VII.

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Section 8. Unemployment Compensation

Employees of the CWMTF are covered by unemployment insurance. CWMTF employees who are terminated due to a reduction in force or released from service may apply for benefits through the local Employment Security Commission office, where a determination of eligibility will be made.

Section 9. Training and Development

The CWMTF seeks to provide training and development for its employees that will improve productivity, effectiveness, and efficiency of CWMTF service by development and better utilization of talents and abilities. The CWMTF may support employees’ attendance at conferences, workshops, or reimburse employees for the cost of tuition and fees for approved courses at colleges, universities and technical colleges. Reasonable travel time will also be provided. Payment is contingent upon the fiscal ability of the CWMTF.

Section 10. Service Awards Program

To express its appreciation for its valued employees, the CWMTF has adopted the same policy as the State to recognize dedicated service through a program of service awards. Employees are eligible with five years of service and in five-year increments thereafter. Employees will be recognized for their service at a regularly scheduled Board meeting. Awards will be ordered in accordance with the guidelines and procedures for selecting and ordering following the administrative options and services available by the contracted vendor. The employees will be contacted and provided information on selections and deadlines for ordering.

The CWMTF will utilize the awards program and options established by the Office of State Personnel.

CWMTF Responsibility. The CWMTF will maintain records of the employment history for employees and will track eligibility, and will organize service awards functions and order service awards.

Funding. Purchasing of awards is contingent upon the availability of funds. If insufficient funds are available, the CWMTF will notify the Office of State Budget and Management.

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Section 11. Service Awards: Covered Employees

Regular full and part time employees are eligible for the service awards program with at least five years of service.

If an employee is in pay status for one-half or more of the regularly scheduled workdays and holidays in a pay period or is on authorized military leave or workers’ compensation leave, credit shall be given for the entire pay period.

Credit toward total State service shall be also be given for the following:

• Employment with other governmental units which are not State agencies. (Example: county highway maintenance forces, War Manpower Commission and Judicial System)
• Authorized military leave from any of the governmental units for which service credit is granted provided the employee is reinstated within the time limits outlined the Military Leave policy.
• Employment with the county Agricultural Extension Service, Community College System and the public school system of North Carolina, with the provision that a school year is equivalent to one full year.
• Employment with a local Mental Health, Public Health, or Emergency Management agency in North Carolina if such employment is subject to the State Personnel Act.
• Employment with the General Assembly (except for participants in the Legislative Intern Program or pages). All of the time, both permanent and temporary, of the employees will be counted; and the full legislative terms of the members.

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ARTICLE VII. HOLIDAYS AND LEAVES OF ABSENCE

Section 1. Policy

The policy of the CWMTF is to provide vacation leave, sick leave, and holiday leave to all full-time and part-time regular employees. Part-time employees earn on a pro-rated basis for holidays, vacation and sick leave.

Section 2. Holidays

The CWMTF will establish a holiday schedule annually that will follow the rest of State government and shall not exceed 11 paid holidays per year, except in those years in which Christmas Day falls on a Tuesday, Wednesday or Thursday. The holiday schedule shall not provide for more than twelve days.

The following days are holidays with full pay for CWMTF employees.

New Year's Day Labor Day
Martin Luther King's Birthday Veterans Day
Good Friday Thanksgiving (2 days)
Memorial Day Christmas (2 or 3 days)
Independence Day

If both the days preceding and following Christmas day are scheduled workdays, three days off will be observed. All of the above are either legal public holidays established by the State Legislature, or related days, i.e. the day before and the day after Christmas.

A holiday calendar is issued on a calendar year basis and the Executive Director will issue a schedule of dates for each year. Employees are granted eight hours away from work on each of these days except where operational needs require work on a designated holiday. The approved holidays will be observed on the day scheduled.

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Section 3. Holidays: Religious Observances

The CWMTF will make efforts to accommodate an employee’s request to be away from work for certain religious holiday observances; however, nothing shall obligate the CWMTF to make accommodation if, in accommodating the request, it would result in undue hardship on CWMTF or its employees.

The following factors will be considered in accommodating religious holidays:

• The accommodation creates no greater risk to the health and safety of the employee, fellow employees, or the general public;
• By accommodating the unscheduled religious holiday, expenses to the State/CWMTF will not increase;
• Meaningful work can be provided under the circumstances in which the employee will be working; and
• Supervision can be provided if deemed necessary.

Section 4. Holidays: Effect on Other Types of Leave

Regular holidays that occur during a vacation, sick or other leave period of any employee shall not be considered as vacation, sick or other leave.

Section 5. Holidays: Compensation When Work is Required

Employees required to perform work on regularly scheduled holidays may be granted compensatory time off or paid at their hourly rate for hours actually worked in addition to any holiday pay to which they are entitled. Compensatory time shall be granted whenever feasible.

Section 6. Vacation Leave

The primary purpose of vacation leave is to allow each employee to renew their physical and mental capabilities and to remain a fully productive employee. Vacation leave is intended to be used for rest and relaxation, and may be used for personal time off as approved by the Executive Director. Vacation leave may also be used for medical appointments, in lieu of sick leave for personal illnesses, or for absences as a result of adverse weather conditions.

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Section 7. Vacation Leave: Use by Probationary Employees

Vacation leave may be taken during the probationary period only with the prior approval of the Executive Director.

Section 8. Vacation Leave: Accrual Rate

Vacation leave is credited to employees who are in pay status (working, on paid leave or on workers’ compensation leave) for one-half or more of the regularly scheduled workdays and holidays in the pay period.

Each full and part-time employee of the CWMTF shall accrue vacation leave at the following schedule, pro-rated as necessary for part-time employees.

Employees earn vacation leave each month if they work half or more of the workdays in that month. Workdays include paid leave and workers’ compensation leave.

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Section 9. Vacation Leave: Maximum Accumulation

Vacation leave may be accumulated without any applicable maximum until December 31st of each calendar year. However, if an employee separates from service, payment for accumulated leave will not exceed 240 hours. On December 31 any employee with more than 240 hours of accumulated vacation leave will have the excess accumulation transferred and added to their sick leave balance so that only 240 hours of vacation are carried forward to January 1 of the next calendar year.

Accumulation for part time regular employees shall be prorated.

Employees are cautioned not to retain excess accumulated vacation leave until late in the year; due to the necessity to keep all CWMTF functions in operation, a large number of employees cannot be granted vacation leave at any one time. If an employee has excess leave accumulation during the latter part of the year and is unable to take such leave because of staffing demands, the employee shall receive no special consideration either in having vacation leave scheduled or in receiving any exception to the maximum accumulation.

Section 10. Vacation Leave: State Service

A full month of credit is given for total State service for both subject to and exempt from the State Personnel Act. Full and part-time, regular, permanent, probationary, and trainee appointments as long as the employee is in pay status for one-half or more of the regularly scheduled workdays and holidays in the pay period, or on authorized military leave. Credit is also given for other State service in accordance with the same guidelines for longevity pay.

Accounting for Creditable Service. The CWMTF will inform each employee of the types of prior service that are eligible to be counted as total State service. If the employee fails to produce evidence of prior service at the time of employment and later produces such evidence, it creates a cumbersome, time consuming process to adjust leave records. When this occurs, credit will be allowed for the service and the earning rate will be adjusted; however, retroactive adjustments will only be allowed for the previous twelve months. Exceptions will be made if the agency is at fault or fails to properly detect prior service.

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Section 11. Vacation Leave: Manner of Taking

The Executive Director may advance vacation leave not to exceed the amount an employee can earn during the current calendar year.

Vacation leave will be taken only upon authorization of the Executive Director who will designate such time or times when it will least interfere with the efficient operation of the CWMTF. Employee preference will also be considered and schedules worked out bearing in mind CWMTF needs.

It is expected that employees should request such leave at least two weeks in advance.

Leave Charges. Leave will be charged in units of time appropriate and consistent with the responsibility of managing absences in keeping with operational needs. Leave to be paid as terminal leave and leave to be exhausted before leave without pay shall be in units nearest to a tenth of an hour i.e., 1/10 of an hour for each six minutes.

Section 12. Vacation Leave: Options During Leave Without Pay

An employee going on leave without pay may exhaust vacation leave or may retain part or all accumulated leave, except:

• When an employee requests leave for vacation purposes, all accumulated vacation leave shall be exhausted before going on leave without pay, or
• When an employee requests leave for other personal reasons for a period not to exceed 10 workdays, leave shall be used if available; however, if the leave is for a period longer than 10 workdays, the employee may choose to use vacation leave or retain it for future use.

Section 13. Vacation Leave: Payment Upon Separation

An employee who has successfully completed six months of the probationary period will normally be paid for accumulated vacation leave upon separation not to exceed the 240 hour maximum. Lump sum payment for leave is made only at the time of separation.

Employees are expected to give notice to the supervisor at least two weeks in advance of the effective date of resignation. Any employee failing to give the notice required by this section shall forfeit payment for accumulated leave. The notice requirement may be waived by the Executive Director when deemed to be in the best interest of the CWMTF. At the discretion of the Executive Director, employees who are involuntarily separated may receive payment for accumulated vacation leave subject to the maximum allowed

Resignation, Dismissal, or Reduction In Force. If eligible for payment, accumulated vacation leave is paid in a lump sum not to exceed the maximum of 240 hours (prorated for part time). At this time, employees cease to accumulate leave, cease to be entitled to take sick leave and cease to be entitled to holidays. An example of an exception on holidays would be an employee retiring January 1, could establish the last day of work as December 15th ; then exhaust 72 hours of leave through the end of December and receive the unused balance up to 240 hours, in a lump sum. The date separated would be December 31.

Service Retirement or Early Retirement. Employees retiring on service, disability or other early retirement may exhaust leave rather than be paid in a lump sum. These employees continue to accrue benefits while exhausting leave, and the separation date is the last day of leave.

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Section 14. Vacation Leave: Overdrawn Leave

Should an employee be separated before he/she has earned all of the leave taken, it will be necessary to make a deduction from his/her final salary check for overdrawn leave on a calendar day basis It will be deducted in units nearest to a tenth of an hour, i.e., 1/10 of an hour for each six minutes.

Payment for leave may be made on the regular payroll or on a supplemental payroll, reflecting the number of days of leave and the amount of payment. Leave may be paid through the nearest tenth of an hour of unused leave.

Retirement deduction will be made from all terminal leave payments.

Section 15. Vacation Leave: Payment Upon Death

The estate of an employee who dies while employed by the CWMTF shall be entitled to payment of all the accumulated vacation leave credited to the employee's account not to exceed the 240 hour maximum. A valid claim must be submitted by the administrator in order for payment to be made; or in the absence of an administrator or executor, payment will be made to the Clerk of Superior Court of the county of the deceased employee’s residence.

Section 16. Sick Leave

Sick leave with pay is not a right that an employee may demand, but a privilege granted for the benefit of an employee for personal illness or injury or for an immediate family member’s personal illness or injury.

Sick leave is granted to employees who are in pay status for one half or more of the regularly scheduled workdays and holidays in the pay period.

Sick leave may be granted to an employee absent from work for any of the following reasons: sickness or bodily injury; actual period of disability connected with childbearing or recovery therefrom; required physical, mental, or dental examinations or treatment; exposure to a contagious disease, when continuing work might jeopardize the health of others; or the care of sick or disabled persons residing in the household.

Sick leave may be used when an employee must care for a member of his or her immediate family who is ill.

Death In the Family. Sick leave may also be used for death in the employee's immediate family, but may not exceed three days for any one occurrence. Additional leave time required for such occurrence may be charged to vacation leave.

Sick leave may also be used to supplement Workers' Compensation Disability Leave.

"Immediate family" shall be defined as spouse, mother, father, guardian or parent in loco-parentis, children, sister, brother, grandp