04/01/1981
00866
The New Hanover County Board of Health met on Wednesday, April 1, 1981
at the New Hanover County Health Department.
Members Present:
J. William Eakins, M. D., Chairman
Hobart Whaley, Vice Chairman
Carl Durham
William Grathwol
Roma Lee Hall
Larry Neal, D. D. S.
Claud O'Shields
Richard Reeder
Members Absent:
Hal A. Franklin, II, M. D.
Others Present:
James M. Brown, Secretary to the Board
James C. Fox, County Attorney
Mabel Price, Recording Secretary
Dr. Eakins, Chairman, called the meeting to order at 8:00 A. M. and called
for corrections to the March 4, 1981 minutes. Mrs. Hall moved the minutes
be approved. Mr. Whaley seconded the motion and it unanimously carried.
Amendments to Section 3a, 3b and Section 5 of New Hanover County's Regulations
Covering Ground Absorption Sewage Disposal Systems of 3,000 Gallons or Less
Designed Capacity were presented by Mr. Grathwol of the Committee to rewrite
the septic tank ordinance. Sections 3a and 3b establish distances between
individual septic system distribution fields while Section 5 proposes that
septic tank pumpers be licensed and secure permits for pumping liquid waste.
Data reported by the pumpers and reported to the Health Department would indicate
existing conditions of and any work needed on the sewage disposal system. Copies
of this proposal will be mailed to pumpers for comments and a public meeting held
prior to adoption.
The amendment to Section 2 of the Septic Tank Ordinance concerning multiple
connections to septic tanks as presented at the February 1981 meeting, was pre-
sented in its final form for Board approval. Mr. Grathwol moved Section 2 as
amended be adopted in its entirety to be effective May 1,1981. Mr. Durham
seconded the motion and it carried unanimously. This will be properly posted
and published. A copy is attached as a part of these minutes.
After some discussion and clarification, Mr. Reeder moved that the New Hanover
Grievance Policy, as amended, be adopted. Mrs. Hall seconded the motion and it
unanimously carried. A copy of policy will be given to each employee as part of
their orientation.
Dr. Eakins reported that the Maintained Drainage Committee has written a letter
to all agencies who might be involved in Countywide Drainage asking for their
input of their needs and problems as related to drainage and discussed his
response to that letter.
Mr. Reeder, Chairman of the Budget Committee, presented the proposed 1981-82
budget for the Department. After much discussion and questions from the Board
Members concerning the proposed budget, Mr. Reeder moved the proposed 1981-82
00867
New Hanover County Health Department budget be accepted by the Board of
Health and forwarded to the Board of Commissioners for their review and
approval. Mr. Whaley seconded the motion and it unanimously carried.
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Dr. Eakins moved the Board go into Executive Session to consider personnel
matters. Mrs. Hall seconded the motion and it unanimously carried and the
Board entered into Executive Session.
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Mrs. Hall moved to adjourn Executive Session and return to Regular Session.
Mr. Reeder seconded the motion, it unanimously carried and the Board returned
to Regular Session. There being no further business, Mr. Whaley moved the
meeting be adjourned. Mr. Grathwol seconded the motion and it unanimously
carried and the meeting was adjourned at 11 24 A. M.
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airman, Board of Health
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Approved:
'"1ay 6, 1981
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NEW HANOVER COUNTY HEALTH DEPARTMENT
GRIEVANCE POLICY
STATEMENT OF INTENT
The New Hanover County Health Department is committed to the principle
of equal opportunity for all employees and applicants for employment
without any discrimination against any employee or applicant because
of race, color, religion, national origin, sex, age, or physical or
mental impairment. This policy of non-discrimination applies to re-
cruitment of employees and to treatment during employment (including
rates of pay, selection for training, upgrading, promotion, demotion,
transfer, suspension, and dismissal). The agency is also determined
to make every effort to assure that no employee is- subjected to unfair
treatment.
To encourage a clear understanding of the grievance policy, and to
reduce fears or false impressions relative to unfair tr~atment:
1. Employees and their supervisors are encouraged to cOI,lmunicate
freely with each other concerning conditions of employment, in-
cluding but not limited to job requirements, hours of work, vaca-
tion, leave allowances, promotion, rates of pay, etc. Supervisors
shall keep themselves informed and current on oersonnel policies
and practices. Questions or problems shall be discussed with the
Health Director.
2. No action involving demotion, suspension, or dismissal shall be
taken against any employee for disciplinary reasons until such
action has been recommended to and approved by the Health Director,
except when in the judgement of the supervisor, immediate suspension
is necessary to protect the safety of persons or property. In no case
shall an employee be dismissed without the approval of the Health
Director.
STATEMENT OF PURPOSE
Although disagreement and debate are undeniable prerequisites for an
organization to achieve its goals, there will be occasions where differen-
ces of opinions and differences in perceptions cannot be resolved within
the regular work-supervisor relationship. In a continuing effort to provide
and maintain the best possible working conditions for all New Hanover County
Health Department employees and to improve cooperative and harmonious relation-
ships among all its staff, the management of the New Hanover County Health
Department encourages the prompt, fair settlement of problems and grievances
through an orderly appeals procedure. It is the policy of the department
to provide a means whereby employees may freely discuss problems with super-
visors and to provide a procedure for the presentation and mutual adjustment
of points of disagreements that arise between employees and their supervisors.
These procedures are applicable only to those employees with permanent status
under the North Carolina State Personnel Competitive Service System. Follow-
ing this policy shall be the only acceptable procedure for filing a grievance.
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(2)
DEFINITIONS
1. Grievance: A claim or complaint based upon an event or condition
which affects the circumstances under which an employee works,
allegedly caused by misrepresentation, unfair application of policy,
or lack of established policy pertaining to employment conditions.
A grievance may involve alleged safety or health hazards, unsatis-
factory physical facilities, surroundings, materials, or equipment;
unfair or discriminatory supervisory or disciplinary practices, unjust
treatment by fellow workers; unreasonable work quotos, or any complaint
relating to conditions of employment.
2. Adverse Action: A demotion, suspension, dismissal, reduction in pay,
transfer or layoff.
3. Dismissal: Termination of employment.
4. Suspension: Cumpulsory leave without pay.
5. Appeal: An action that seeks to show cause why the decision should be
reversed.
OBJECTIVES
1. To assure employees a means of having their problems or complaints con-
sidered rapidly, fairly, and without fear of reprisal.
2. To encourage employees to express themselves about unsatisfactory work
conditions.
3. To provide better understanding of policies, practices, and procedures
which affect employees.
4. To provide managers and supervisors with greater opportunity to exercise
proper responsibility in dealing with employees and to improve their
effectiveness in carrying out established policies.
5. To improve oppurtunities for all staff members to perform their duties
with efficiency, effectiveness, and satisfaction.
PROCEDURES
The Administrative Assistant or Personnel Assistant of the New Hanover County
Health Department shall be available for consultation if needed to all line
staff, supervisory and administrative staff. Supervisors will inform the
Administrative Assistant or Personnel Assistant upon receipt of employees'
written grievance so that the Administrative Assistant or Personnel Assistant
can monitor the procedures to ensure all time limits are being met as stated
below
(3)
In filing a grievance, the employee is encouraged to consult the
PERSONNEL POLICIES FOR LOCAL GOVERNMENT EMPLOYMENT SUBJECT TO THE
STATE PERSONNEL ACT, and PERSONNEL ADMINISTRATION POLICY FOR NEW
HANOVER COUNTY (County Personnel Policies) for all information
pertinent to personnel policies and the grievance.
The following successive steps shall be followed in all cases of
grievance except that an employee alleging discrimination may file
his/her conp1aint directly with the State Personnel Commission as
orovided for in Step Five. Adverse action appeals shall be filed
directly with the Health Director within ten (10) working days of
notification of the adverse action.
All grievances shall be presented on an individual basis by the
individual grieved, or his duly appointed representative. Group
grievances shall not be recognized.
STEP ONE - Presentation to Supervisor
A permanent status Competitive Service employee with a grievance shall
present the matter orally or in writing to his/her immediate supervisor
within ten (10) working days of the time the employ~e learns of its occu-
rence with the objective of resolving the matter informally. The super-
visor is encouraged to consult with any employee or the Health Director,
if necessary, to reach a correct, impartial and equitable decision. The
supervisor shall present.a decision to the employee, in writing, within
five (S) working days or advise the employee what circumstances prevent
a response within five (S) working days and inform him/her when a decision
may be expected. -----
STEP TWO - Appeal to Chief
--
A competitive Service Employee not satisfied with his/her immediate suoer-
visor's decision in Step One, or if he/sh~ fails to receive a response with-
in the period specified in Step One may request that the Division Chief
(higher level supervisor) review his/her grievance. This request shall be
presented, in writing, within five (S) working days of receipt of the
immediate supervisors decision-or-fai1ure to receive a response within the
period specified in Step One. The written appeal shall clearly state the
employee's grievance including substantiating facts to support his/her grie-
vance and what he/she feels the outcome of the grievance should be. The
chief may consult, as necessary, the employee's immediate supervisor or any
other persons to obtain all pertinent facts. After reviewing all relevant
information, the chief shall present a decision to the employee, in writing,
within five (S) working days of receipt of the employee's written request
to the chief, or advise the employee what circumstances prevent a response
within five (S) working days and inform him/her when a decision may be
expecte~The chief shall send copies of his/her decision to the employee's
immediate supervisor and the Health Oirector. The chief shall present his/
her written deci s i on to the employee in a joi nt meeti ng with the employee
and his/her immediate supervisor where the decision shall be discussed.
(4)
.
STEP THREE - Appeal to Director
A Competitive Service employee not satisfied with his/her chief's decision
in Step Two, or if he/she fails to receive a response within the period
specified in Step Two, may request that the Health Director review his/
her grievance. This request shall be presented, in writing, within five
(5) working days of receipt of the chief's decision or failure to receive
a response within the period specified in Step Two. The employee, imme-
diate supervisor, and division chief shall make all relevant correspondence
or other pertinent data initiated during the grievance procedure available
to the Health Director. The Health Director may consult, as necessary, the
employee's immediate supervisor, the division chief, or the New Hanover
County Personnel Director, or any other persons necessary to obtain all
pertinent facts surrounding the grievance. Arrangements will be made for
the employee, if he/she so desires, to review his/her grievance with the
Health Director. The employee's immediate supervisor and division chief
may be present during this meeting. After reviewing all relevant infor-
mation, the Health Director shall present a decision to the employee, and
all parties concerned, in writing, within five (5) working days of receipt
of the written grievance or advise the employee what circumstances prevent
a response within five (5) working days and inform him/her when a decision
may be expected. (NOTE: Adverse action appeals shall be filed directly
with the Health Director within ten (10) working days of notification of
the adverse action.) ---
STEP FOUR - Appeal to New Hanover County Board of Health
A Competitive Service employee not satisfied with his/her Health Director's
decision relative to the grievance or adverse action matter in Step Three
or if he/she fails to receive a response within the period specified in
Step Three, may request that the New Hanover County Board of Health review
his/her grievance. This request shall be presented, in writing, through
the Health Director, within five (5) working days of the receipt of the
Health Director's decision or failure to receive a response within the
period specified in Step Three. All relevant correspondence or other per-
tinent data initiated during the grievance procedure shall be made available
to the Board of Health. The Board of Health may consult whatever sources it
deems necessary to obtain all pertinent facts surrounding the grievance.
Arrangements will be made for the employee, if he/she desires, to review
his/her grievance with the Board of Health. The Health Director may be
present during this meeting. After reviewing all relevant information,
the Board of Health will render an advisory opinion to the Health Director,
in writing, and forward a copy to the employee within five (5) working days
after having heard the appeal or advise the employee what circumstances
prevent a response within five (5) working days and inform him/her when an
opinion may be expected. The Health Director shall issue a decision to the
employee within five (5) working days of the receipt of the Board of Health's
advisory opinion-or-advise the employee what circumstances prevent a response
within five (5) working days and inform him/her when a decision may be expected.
A copy of the written statement given to the employee, and the employee's
appeal to the Health Director and the Board of Health shall be filed, by the
Health Director, with the State Personnel Director within five (5) working
days of their delivery.
(5)
STEP FIVE - Appeal to State Personnel Commission
A Comoetitive Service employee not satisfied with the decision of the
Health Director in a grievance or adverse action matter, or if he/she
fails to receive a response within the period of time specified in Step
Four, may file an appeal with the State Personnel Commission. This appeal
shall be filed not later than thirty (3D) days after receipt of notice of
the Health Director's decision. If an employee so desires, he/she may
ask the department for help in submitting his appeal in writing.
An employee alleging discrimination may file his/her complaint directly
with the State Personnel Commission. The State Personnel Director or
any other person or persons designated by the Commission shall investigate
the disciplinary action or" alleged discrimination which is appealed to the
Commission. The State Personnel Commission may hear the case or direct
the State Personnel Director, or other person or persons designated by
the Commission, to conduct a hearing of the facts and issues. If, following
the investigation and hearing, a settlement is agreed to by both parties,
the State Personnel Director or the designated agent shall certify the
settlement to the Commission. If following the investigation and hearing,
there are issues and facts on which agreement cannot be reached, the State
Personnel Director or the designated agent shall report his findings to
the Commission with his recommendations. The Commission at its next meeting,
or as soon as possible thereafter, shall consider the report and modify, alter,
set aside or affirm said report and certify its findings to the Health Director.
Decisions which may be made by the Commission include the reinstatement of an
employee to the position from which he has been removed, the employment, pro-
motion, transfer, or salary adjustment of any individual to whom it has been
wrongfully denied, or other suitable action to correct the abuse which may
include requirement of payment for any loss of salary which has resulted from
the improper discriminatory action of the Health Director.
The decisions of the State Personnel Commission shall be binding in appeals
of local employees subject to the State Personnel Act if the Commission finds
that the employee has been subjected to discrimination or in any case where
a binding decision is required by applicable Federal standards. However, in
all other local employee appeals, the decisions of the State Personnel Com-
mission shall be advisory ~ to the Director of New Hanover County Health
Department. After considering the Commission's recommendation, the Health
Director shall m~ke his decision and shall notify the employee, in writing,
of that decision within five (5) working days of receipt of State Personnel
Commission's recommendation.
BACK PAY AWARDS
Back pay and benefits may be awarded to reinstated employees winning appeals
in suspension, demotion, dismissal, or discrimination cases.
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
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PUBLIC NOTICE
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The New Hanover County Board of Health ordains that Section 2
of the New Hanover County's Regulations Covering Ground Absorption
Sewage Disposal Systems of 3,000 Gallons or Less Designed Capacity
is hereby amended in its entirety to read:
I-a No septic tank or privy shall be used to serve two or more
separate houses, buildings, or mobile homes, provided, how-
ever, that the Health Director may permit such service if
all other conditions of this ordinance are complied with,
and if the Health Director is furnished with a document of
record in the New Hanover County Registry which:
(1) identifies the property or properties upon which the
houses, buildings, or mobile homes are situated;
(2) states the name and address of each person, firm,
corporation or association having record title to
said property or any interest therein;
(3) contains a statement signed by each of such persons,
firms, corporations, or associations whereby each
such person, firm, corporation, or association, their
heirs, successors and assigns, agrees to be jointly
and severally responsible to the Board of Health for
the operation and maintenance of such system pursuant
to the rules and regulations of the Board of Health
applicable thereto.
2-b Any lot or lots using multiple connections shall provide twenty-
five percent (25%) more available space in addition to that
space required for replacement systems in State and Local Ordi-
nances for single connections.
The foregoing Amendment shall be effective on and after May I, 1981.
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NEW HANOVER COUNTY BOARD OF HEALTH
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ealth Director
i . Secretary to the Board
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STATE OF NORTH CAROLINA,
COUNTY OF NEW HANOVER.
AFFIDAVIT OF PUBLICATION
Before me, a Notary Public in and for aforesaid State and County, came this 29nday of Apr_iLnn19_Bl_
_.JJl._QQQ._Jt.;'.!DllmL_________________m___. who being duly sworn. deposes and says that he is_Cl.ass__Ad".Mgr
o. the STAR-NEWS NEWSPAPERS. Inc. and that the advertising of uE.l,!P.l:!,Q..N9_tj,Q&u.___.._____.___
New Hanover County Board of Health
appeared in said publication on the date (or dates) and in the space as specified below:
DATE
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This___________________day of______________
J&B L-9784