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Prepared by Human ResourcesDecember 2011

Merit vs. Merit Exempt Status Merit vs. Merit Exempt Status SurveySurvey

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Surveyed 8 jurisdictions:

◦ 5 local (City of Atlanta, Cobb, Fulton, Gwinnett Counties and the State of Georgia)

◦ 3 non-local (Jefferson County, Alabama; Mecklenburg County, North Carolina; Fairfax County, Virginia)

Selections based on size, function, and population served All asked the same questions

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DeKalb County CodeDeKalb County Code

All positions, other than those exempt positions under this chapter or law, shall be filled only in accordance with this chapter. All departments under the merit system, as provided herein, shall administer their personnel in accordance with this chapter. All positions, except those listed as exempt, shall be collectively known as the classified service. Nothing in this chapter shall be construed to conflict with any state law or regulation that provides additional qualifications, duties or compensation levels of any employee who is also subject to the provisions of this chapter.

(Chapter 20, Article I, Section 20-3)

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Jurisdictions DeKalb County City of Atlanta Cobb County Fulton County Gwinnett County State of Georgia

Jefferson County, Alabama

Mecklenburg County, North

Carolina

Fairfax County, Virginia

Survey Questions                

Are employees merit-protected and/or merit-exempt?

Both Both Both Both Both Both…vacant positions were changed in 1996 from classified to unclassified, only a few incumbents remain classified.

Both Neither, they do not classify employees as merit or merit exempt.

Both

What does merit protected status mean for your employees?

The right to appeal to the Merit System.

The right to appeal / Civil Service Board hearing for adverse action.

The right to appeal before the Civil Service Board.

Employee is protected under the Fulton County Civil Service Act has the right to appeal before the Civil Service Board.

The right to appeal to the Gwinnett County Merit System Board.

The right to appeal to theOffice of State Administrative Hearings.

Employees are governed by the Personnel Board and are granted appeal rights

N/A…county policy offers appeal rights for to all county employees.

The right to appeal to the Merit System Board.

What does merit-exempt status mean for your employees?

Employees are at-will

Follows the tenets of Georgia being an at-will state.

Employee does not have appeal rights…completely at will

Employees are granted appeal rights through the employee Grievance Committee

Employees are at-will and do not have appeal rights

Employees are at-will and do not have appeal rights

Employees are at-will, however they may have appeal rights within their system i.e. department head

N/A…county policy offers appeal rights for to all county employees.

Employees serve at the pleasure of the appointing authority and have no appeal rights.

What positions are merit-exempt

Directors, Courts excluding Juvenile and Recorder’s, Elected and Appointed officials and their respective offices.

Holding for a response Management level and higher, Judges and their personnel staff, Elected and Appointed officials and their respective offices

Management level and higher, Appointed and Elected officials and some of there respective staff.

Elected and Appointed Officials and their respective offices, Judges and their personnel staff.

All positions as of July 1, 1996

Management level and higher, Courts, Elected and Appointed Officials and respective offices

N/A Based on Department needs.

How is merit and merit-exempt status determined?

By the Code of DeKalb County

Typically determined by pay-grade. Status can also be determined by office i.e. Executive, Judicial Law

By department and position/pay grade.

By pay grade based on a study that was done.

Classification and department

N/A Classification / pay grade and department

N/A Based on Department needs.

Are Recorders Court and Juvenile Court merit-exempt?

No Holding for a response Yes Some positions are and they are based on pay grade DBM D61 & above are exempt.

Only supervisor positions and higher.

Yes No, only appointed and elected officials are merit exempt.

N/A, Courts fall under the State of NC.

Yes

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Jurisdictions DeKalb County City of Atlanta Cobb County Fulton County Gwinnett County State of GeorgiaJefferson County, Alabama

Mecklenburg County, North

Carolina

Fairfax County, Virginia

Survey Questions                

Who determines merit status?

The Board of Commissioners

Atlanta City Code The Civil Service Board

The Board of Commissioners

Elected officials can make that determination for their dept. otherwise status is determined by the Board of Commissioners

Collaboration between the State Personnel Board, Office of Planning & Budget, Legislation and the Governor.

The Personnel Board of Jefferson County.

N/A By the departments, the Department of Management & Budget based on department needs

Are merit-exempt positions recruited the same as merit?

No, exempt departments recruit for their positions. HR is not involved.

Yes, however more specialized recruitment may be necessary for hard to fill jobs.

Yes Yes Yes Yes No, the exempt departments recruit for their positions.

N/A No, exempt positions may or may not be recruited for by HR at the discretion of that department.

Can anyone be appointed to a merit-exempt position?

Yes Yes Yes, only if the position is an appointed position.

Yes. Yes Yes Yes N/A Yes

Can merit-exempt positions be filled by someone who does not meet the minimum qualifications?

Yes No No No No No No N/A Yes

When changes in administration are made, do merit-exempt employees change?

Yes, at the discretion of the department head.

Depending on the administration, yes. It is usually department heads and directors

Changes can be made but is subject to approval by the BOC

Changes can be made but have to be approved by the Personnel Director and County Manager

Yes, elected officials determine their employees status and that can change with administration

Changes can occur in some areas, usually at a directors level which may or may not effect staff

Yes, usually at the Director, Deputy Director and Assistant Director levels

N/A No, staff remains the same until voluntarily vacated or vacated for termination.

How did you transition positions and incumbents from merit to merit-exempt?

N/A Any position pay grade 19 or above was automatically exempt. Incumbents were not grandfathered in. If an employee is promoted to a different position, their status changed

Positions became exempt once vacated. Incumbents maintained status until they applied and were selected for an exempt position. Standard adopted in ‘96, amended in ‘00

Positions became exempt once vacated. Incumbents maintained status until they applied and were selected for an exempt position. Transitioned 9/20/2000

No transition made, only Elected and Appointed Officials are merit-exempt.

Positions became exempt once vacated. Incumbents maintained status until they applied and were selected for an exempt position. Transitioned 7/1/1996

Positions became exempt once vacated. Incumbents maintained status until they applied and were selected for an exempt position. Currently transitioning.

N/A Positions became exempt once vacated. Incumbents maintained status until they applied and were selected for exempt position. Transition dates depend on when a request is made…no set time, based on dept. needs.

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Summary of FindingsSummary of Findings 7 out of 8 jurisdictions surveyed maintain both merit and merit-exempt status

employees and/or positions (Mecklenburg County, NC is the exception)

Merit-Exempt Status begins with management level positions in Cobb, Fulton, and Jefferson Counties (looking at their pay book, it appears to be high level management classifications)

Appointed and Elected officials and their respective staff are Merit-Exempt

Merit-Exempt status is determined by classification/pay grade in City of Atlanta, Cobb, Fulton and Jefferson Counties

Cobb County and the State of GA have full merit-exempt staff in Juvenile and Recorder’s Court.

Recruitment is the same for merit-exempt vacancies (exception in Jefferson and Fairfax Counties)

In 7 out of 8 jurisdictions, incumbents maintain protected status until recruited and selected for an exempt position (N/A in Mecklenburg County, NC)

Positions are transitioned to exempt status once vacated (N/A in Mecklenburg County NC)

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HR OptionsHR Options Option 1

Maintain current designation of Merit-Exempt Departments and Classifications with the exception of Recorder’s Court (and Juvenile Court?)

Option 2Amend the Code of DeKalb County to include all department heads and Recorder’s Court (and Juvenile Court?) as Merit-Exempt

Option 3Amend the Code of DeKalb County to include all management level classifications and Recorder’s Court (and Juvenile Court?) as Merit-Exempt

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Recommendation: Human Resources (HR) recommends maintaining current designation of merit and merit-exempt departments with the exception of Recorder’s Court.

Exception all courts, or Recorder’s and Juvenile??Basis for Recommendation:

To maintain consistency in recruiting, DeKalb County has established guidelines outlined in the Code of DeKalb County.  Maintaining the current merit-status designation will allow employees of these departments to be recruited and governed in a fair and consistent manner.  Merit-exempt departments are those where the department head is elected and/or appointed, in which case exemption should be applied due to the function of the department.

Based on the data collected through surveys, 7 of the 8 jurisdictions have both merit and merit-exempt status.  Designation of status is based on either classification, pay grade or department. However, previous research revealed that the courts are designated as merit exempt regardless of pay grade.