1993-08-02 RM Exhibts
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RESOLUTION AUTHORIZING
A FINANCING AGREEMENT PURSUANT TO
NORTH CAROLINA GENERAL STATUTE 160A-20
WHEREAS, the: Board of Corrnnissioners (the "Board") of the
County of New Hanover, North Carolina (the "County") desires to
provide for the acquisition of certain real property (the
"Project") for use by Cape Fear Corrnnunity College for educational
purposes.
WHEREAS, the Board desires to finance the Project
totalling approximately $365,000.00 through an installment
financing contract (the "Contract") with First Citizens Bank and
Trust ("First Citizens"), obligating the County to repay amounts
financed at a fixed annual interest rate of not more than 5.82%
over a term of approximately (5) years, resulting in a total amount
financed not to exceed an average quarterly payment of
approximately $20,861.96 and total payments of approximately
$417,239.20, pursuant to a proposal submitted by First Citizens to
the Board; and
WHEREAS, pursuant to N.C.G.S. Section 160A-20, the County
is authorized to acquire the subject property constituting of the
project obligation by entering into an installment financing
contract which creates in the Project a security interest to secure
payment of the thereby created; and
WHEREAS, the subject transaction is exempt from Local
Government Corrnnission of North Carolina ("LG<;") approval pursuant
to N.C.G.S. Section 159-148; and
WHEREAS, the County intends to finance the project by
delivering to First Citizens the Contract providing for the
financing of a principal amount not to exceed $365,000.00.
NOW, THEREFORE, BE IT RESOLVED the Board meeting in
regular session on the 2nd day of August, 1993, make the following
findings of fact:
1. The proposed Contract is necessary and expedient
because the amount to be financed is small and any other method of
financing would be more expensive and time consuming. The small
amount of financing needed also lends itself to installment
financing. The sum that falls due under the Contract on an annual
basis can be included in the County's budget -without difficulty,
and are not excessive for the Project.
2. The County attorney has advised the County that the
Project is authorized by law and is a purpose for which public
funds may be expended pursuant to the Constitution and laws of
North Carolina.
3. There will be no increase in taxes necessary to meet
the sums to full due under the proposed Contract.
4. The County is not in default of any of its debt
service obligations.
5. The County's past Comprehensive Annual Financial
Reports indicate the debt management procedures and policies have
been carried out in strict compliance with the law and the County
has not been censured by the LGC, external auditors, or any other
regulatory agencies in connection with such management.
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NOW, THEREFORE, BE IT FURTHER RESOLVED that the Finance
Director and County Attorney are hereby authorized to act on behalf
of the County in pursuing the proposed financing contract.
This resolution is effective upon it adoption this 2nd day of
August, 1993.
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Robert G. Greer, Chairman
ATTEST:
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Sec.35 Family and Medical Leave
In accordance with the Family and Medical Leave Act of
1993,{also referred to as the FMLA or the ACT), eligible employees
of New Hanover County (also referred to as the COUNTY), are
entitled to a paid and/or unpaid leave of absence up to a maximum
of twelve(12) weeks during any twelve(12) month period beginning on
January 1, and ending on December 31, subject to the conditions
outlined in the following subsections. Employees classified as
Regular or Regular-Probationary under Article I, Section 3 of the
New Hanover County Personnel POlicy, may also be eligible for
additional leave in accordance with Article VII.
A. Eligible Employees:
(1) The term "eligible employees" means, an employee who has
been employed with New Hanover County for at least
twelve(12) months, whether or not such time is continuous.
(2) At the time the leave is scheduled to begin, the employee
must have worked a minimum of 1,250 hours during the
previous twelve(12) month period. Hours worked, are those
defined under the Fair Labor Standards Act (also referred
to as FLSA). Hours recorded as "On-Cal,l" , do not meet the
FLSA/FMLA hours-worked requirements.
(3) The provisions of the Act do not exclude employees who are
not, by virtue of existing personnel policy, eligible for
benefits. Hence, the Act is construed to include in the
definition of "eligible employees", employees designated by
employment statuses, "T" (temporary), and "F" (contract).
(4) Employees identified as "Key Employees", are those salaried
employees who are among the highest paid 10% of the
workforce. Employees so designated, are eligible for leave
under the Act, but may not be entitled to restoration at
the conclusion of any leave taken under the Act.
(5) Where spouses are also employed by New Hanover County, the
aggregate number of workweeks of leave to which both may be
entitled may be limited to twelve(12) workweeks, if the
leave entitlement is due to Section 35{b){1) or 35{b){2),
and some situations under 35{b){3) below.
B. Entitlement to Leave:
Eligible employees are entitled to Family and/or Medical leave
under this section, where one(1) or more of the following four(4)
conditions exist:
(1) The birth of an employee's child, in order to bond with the
child, provided that such leave begins during the
twelve(12) months following birth;
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(2) The employee's adoption or foster care placement of a
child, in order to bond with the child, provided that such
leave begins during the twelve(12) months following
placement;
(3) When the employee is needed to care for a spouse, son,
daughter or parent who has a serious health condition;
(4) When a serious health condition renders the employee unable
to perform the functions of their position.
C. Definitions Applicable to Sec.35(B):
(1) The terms CHILD, SON and DAUGHTER, refers to a biological,
adopted, or foster child, a stepchild, a legal ward, or a
child whom the employee,{standing in loco parentis) has
legal custody of, provided that such child is under age
eighteen(18) or over age eighteen(18) if said child is
incapable of self-care because of a mental or physical
disability, as defined under the Americans With
Disabilities Act.
(2) The term SPOUSE, is defined in accordance with applicable
state law, including common law marriages where recognized
by said state.
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(3) The term QUALIFIED HEALTH CARE PROVIDER shall refer to
health professionals authorized to practice in the State of
North Carolina, and who perform within the scope of their
practice as defined under State law. Such professionals
shall include:
(a) Doctors of Medicine or Osteopathy;
(b) Podiatrists
(c) Dentists
(d) Clinical Psychologists
(e) Optometrists
(f) Chiropractors, provided that treatment is for the
purpose of correcting a subluxation as demonstrated by
an X-ray.
(g) Physician Assistants and Family Nurse Practitioners
(4) The term SERIOUS HEALTH CONDI~ION, shall be indicated by
the following criteria:
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(a) An illness, injury, impairment, or physical or
mental condition that involves hospitalization, or
some other type of residential medical care;
(b) Inpatient treatment in a rehabilitation facility for
substance abusers;
(c) A serious, chronic health condition which requires
continuing treatment by a health care provider;
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(d) Ongoing pregnancy, and any associated medical
sYmptoms or need for prenatal care;
(e) Childbirth and recovery from childbirth;
(f) Any other health condition that is appropriately
certified by a qualified health care provider.
D. Leave Schedules:
(1) Leave taken to bond with a new child, must be taken
sequentially up to the twelve(12) week maximum, or in the
case of joint emploYment (where both husband and wife are
employed by New Hanover County), such leave periods may
equal an aggregate maximum of twelve sequential weeks.
(2) Leave taken as the result of the serious health condition
of the employee, or the employee's spouse, child or parent,
may be taken in accordance with the following schedules:
(a) SEQUENTIALLY, or as a single block of time;
(b) INTERMITTENTLY, or according to a specified and
recurrent treatment plan;
(c) REDUCED WORK SCHEDULE, whereby the employee's usual work
schedule is reduced to accommodate the employee's
medical needs or caretaker obligations.
(3) In those situations where intermittent leave or a
reduced work schedule is necessary, available FMLA leave
will be determined on a pro rata basis. For example, if
an employee's regular work schedule is forty(40) hours
a week, and they reduce that schedule to twenty(20)
hours per week, each week shall represent one-half(1/2)
week for purposes of specifying leave usage and balances.
For intermittent leave, one(1) day of leave shall represent
one-fifth(1/5) of a week.
(4) Where an employee's regular work schedule varies from week
to week, the average weekly hours worked during the
twelve(12) weeks prior to the start of the leave will be
used to calculate the employee's usual work schedule for
this purpose.
(5) Salaried employees who utilize the leave on an intermittent
basis, may have their salary reduced according to the hours
of leave without pay used, without compromising their
exempt status under the Fair Labor Standards Act.
(6) Transfer to an Alternative Position: Where such leave
conforms to (2)(b), or (c), the employer may temporarily
transfer the employee to an alternative position which will
better accommodate the recurring periods of leave. This
transfer shall not result in a reduction of the employee's
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pay rate or benefits for the duration of the temporary
transfer and leave.
Sec. 36 Procedures for Requestinq Leave Under the FMLA
Due to the fact that no valid leave requests made under the
Family and Medical Leave Act may be denied or delayed by New
Hanover County, the following notice requirements are hereby
instituted to assure no critical disruptions in the operations of
the County:
A. Notice Requirements
(1) Planned Leaves: Employees requesting leave for a planned
absence, such as the birth of a child or elective surgery,
must request such leave at least thirty(30) days prior to
the date such leave is to begin. Notice should be submitted
to the department head, using the FMLA Leave Request Form.
The employee is obligated to make reasonable efforts to
schedule leave so as not to unduly disrupt County
operations.
(2) Unexpected Leaves: When unforeseen events occur that make
it impracticable for the employee to give adequate advanced
notice of the need to take leave, such notice should be
given by the employee within two(2) business days of the
date the employee learns of the impending leave. Where the
event involves a medical emergency due to the serious
health condition of the employee or a covered individual in
the employee's family, notice may be given in writing or by
phone by a member of the employee's family or a close
associate, on the date such leave begins. This notification
shall be followed with a FMLA Leave Request Form.
(3) Leave Requests of Key Employees: At the time a request for
leave is submitted by a key employee, as defined in Sec.
35(A)(4) above, New Hanover County will evaluate the
economic impact of the individual employee's absence, and
the need for undisrupted business operations. No leave
requests shall be denied, but reinstatement may be denied if
such denial is necessary to prevent substantial and grievous
economic injury to the operations of New Hanover County. If
such possibility exists, New Hanover County shall so notify
the key employee at the time the request for leave is
submitted, or as soon as such situation becomes apparent.
Notifications in these instances, shall be in accordance
with Sec. 40(4) below.
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B. Failure to Comply With Notice Requirements
New Hanover County reserves the right to deny a request for
leave for a period up to thirty(30) days, where an employee
fails to adhere to notice requirements for situations deemed
sufficiently foreseeable.
C. Medical Certifications and Recertifications
(1) New Hanover County reserves the right to require a medical
certification from a qualified health care provider, where
the leave requested is for the serious health condition of
the employee, or a member of the employee's family covered
by the Act. Medical certifications must be provided within
fifteen(15) calendar days of the date the request is made
by New Hanover County, unless it is deemed impracticable to
do so under the particular circumstances of the event(s)
prompting leave. Failure to provide the requested
certification, may result in a delay of leave approval, or
in a denial of continuation of the leave.
(2) Where the medical leave is for an extended period of time,
the employee may be required to secure recertifications by
the attending or supervising health care provider. Such
requests for recertifications, shall not be more frequent
than every thirty(30) days, unless:
(a) the employee requests an extension of the leave;
(b) changed circumstances occur regarding the medical
condition;
(c) New Hanover County receives information that casts
doubt upon the continuing validity of the most recent
certification.
D. Second and Third Medical Opinions
New Hanover County may require an employee requesting leave
for a serious medical condition, to obtain a second medical
opinion. Such evaluation will be conducted by a qualified
health care provider selected, and compensated by New Hanover
County. Should the second opinion differ from the opinion of
the employee's health care provider, New Hanover County may
order a third medical opinion. The health care provider selected
shall be mutually agreed upon by the County and by the employee,
and will be compensated by the County. The third opinion
shall be final and binding.
E.
Limits On Medical Information Requested
(1) Where Medical Leave is requested for an employee to
participate in the treatment of a covered family member,
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the family member's health care provider shall verify,
using the Medical Certification Form, that the employee is
needed to care for a "seriously-ill family member", and
what such care will entail. Such information shall be used
to evaluate whether such leave could be managed on an
intermittent or reduced hours schedule, rather than
sequential leave.
(2 )
Where Medical Leave is requested for the serious medical
condition of the employee, the employee's health care
provider shall be provided with a description of the
essential functions of the employee's position.
Verification of the need for medical leave, shall be based
on whether the employee is unable to perform work of any
kind, is unable to perform the essential functions of
his/her position, may perform some work on a reduced hours
schedule, or has a need for intermittent absences.
F. Confidentiality of Medical Information
Any medical information provided as verification of an
employee's need for medical leave due to his/her own serious
medical condition, or that of a covered family member, shall
conform to the dictates of the Americans With Disabilities Act,
in the request for information, the use of information provided,
and in the confidentiality requirements associated with
maintenance of the information in confidential medical files.
Any violation of these provisions shall be grounds for
disciplinary action.
Sec. 37 Substitution of Paid Leave - FMLA
(1) Where the substitution of paid leave is deemed to be in
the best interest of New Hanover County, any leave
requested under the provisions of the Family and
Medical Leave Act, may be specified as paid Personal,
Sick, or Advanced Sick leave. Where such substitution
is requested, approved or required, the administration
of the paid leave shall be in accordance with the terms
and conditions of the Act; except that requests for
Advanced Sick Leave and Leave Sharing, shall be subject
to the request and approval procedures outlined in
Article VII, Sections 13 and 15, respectively. Any paid
leave used under this section (Sec. 37), shall be
counted towards the mandated threshold for leave under
the Act.
(2) Where an employee is in an approved leave with or
without pay status, and an event conforming to the
provisions of the Family and Medical Leave Act occurs,
that period of leave beginning with the date of the
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qualifying event, may be counted towards the mandated
threshold for leave under the Act. Such designation
shall not occur after the leave period is concluded.
Sec.38 Continuation of Employment Benefits - FMLA
For purposes of this subpart, the term EMPLOYMENT BENEFITS
as provided by New Hanover County, means all benefits provided
and/or made available to eligible employees, including group
health, dental and disability insurance, retirement contributions,
and paid sick and personal leave.
A. Continuation of Health and Dental Insurance
(1) New Hanover County shall continue to pay the employer
portion of insurance premiums, for a maximum of twelve(12)
weeks of paid and/or unpaid leave which conforms to the
provisions of the Family and Medical Leave Act. This policy
shall not preclude continuation of benefits for extended
periods of approved paid leave.
(2) Employees taking unpaid leave under the Act, shall be
responsible for payment of the employee portion of the
insurance premiums under the same conditions applying to
employees in other leave without pay statuses. Failure to
make timely payments may result in the discontinuation of
coverage for the duration of the unpaid FMLA leave.
B. Continuation of Other Benefits
(1) Disability insurance premiums under the County's group
disability plan, shall be maintained by New Hanover County
under the same conditions as exists for employees in an
active work or paid leave status. The County shall not seek
any recovery for premiums paid during these periods of
leave.
(2) Continuation of retirement contributions shall be in
accordance with the rules established by the N.C. Local
Governmental Employees' Retirement System.
(3) Continuation of employee financed benefits such as life
insurance, shall be pursuant to agreements between the
employee and the respective benefit providers.
C. Benefit Plan Revisions and Additions
Where benefits are added, upgraded or otherwise revised during
the period of leave, such changes shall be effected on the same
date as effected for employees in an active work status.
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D. Accrual of Personal and Sick Leave
In accordance with other leave without pay policies, the
accrual of personal and sick leave hours, shall cease during
a period of leave without pay under the provisions of the Act.
Sec. 39 Termination and Recovery of Employer Paid Premiums - FMLA
(1) REINSTATED EMPLOYEES are those employees who return
to work from a period of Family and Medical Leave, and
are in an active work status, or approved paid leave
status unrelated to the FMLA, for at least thirty(30)
days. Employees who do not return to work in accordance
with these provisions, shall be considered terminated,
unless an extension of FMLA leave is requested and
confirmed.
(2) Employees terminated under this provision, shall be
liable for repayment of any employer paid premiums made
during the approved period of leave without pay, EXCEPT
where:
(a) the continuation, recurrence, or onset of a serious
health condition that conforms with the provisions
of the Family a~d Medical Leave Act, prevents the
employee's return;
(b) the employee is unable to return to work for
circumstances deemed beyond the control of the
employee;
(c) key employees elect not to return to work after
being notified that New Hanover County intends to
deny reinstatement because of the threat of
substantial and grievous economic injury to business
operations.
(3) If an employee fails to return to work because of the
onset of a serious medical condition, New Hanover County
may request that the employee furnish a medical
certification from the health care provider of the
employee or the employee's covered family member to
support the claim. If such medical certification is not
provided by the employee within thirty(30) days of the
County's request, New Hanover County shall reserve
the right to recover any employer paid insurance
premiums paid during the initial period of leave under
the Act.
(4) New Hanover County reserves the right to deduct the
amount due for employer paid premiums, from any sums
owed to the terminated employee, including personal
leave balances and/ or wages received in final paychecks.
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(5) There shall be no recovery of employer paid premiums,
where leave used by the terminated employee is
designated as paid sick, personal, and/or advanced sick
leave.
Sec. 40 Reinstatement Followinq FMLA Leave
(1) An employee returning from a period of leave under the
provisions of the Family and Medical Leave Act, shall
be restored to the same position held at the time leave
commenced, or to an equivalent position. An EQUIVALENT
POSITION, shall be one with the same pay, benefits, and
other terms and conditions of employment, and involve
the same or substantially similar duties and
responsibilities.
(2) Upon return to an active work status, the employee's
benefits shall be resumed at the same level as were
provided when leave began, and without any
qualification requirements such as a waiting period or
preexisting condition clause. Where benefits are
changed during the period of leave, such changes shall
be in effect upon the employees return to work.
(3) If an employee was hired for a specific period of time
that has expired, or was hired to perform work on a
discrete project that has been concluded, or if the
employee's position is eliminated through a Reduction
in Force, such employee may not be afforded
reinstatement under the terms of the Act, provided that
termination would have been effected had she/he not
taken a leave of absence.
(4) Key employees being denied reinstatement under the
"grievous economic injury" clause, shall be notified in
writing and by certified mail, that New Hanover County
intends to deny restoration to employment on completion
of the period of leave under the Act. This notice shall
explain the basis for the denial of reinstatement, and
will provide the affected employee a reasonable period
of time in which to return to work, taking into account
the particular circumstances of the situation. A
reasonable period of time shall not exceed fifteen(15)
calendar days from the date the key employee receives
the notification regarding the County's intentions.
Under the terms of the Family and Medical Leave Act, a
key employee who elects not to return to work, shall
continue to benefit from unrecoverable employer paid
insurance premiums until the FMLA leave period expires.
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Sec. 41 Affect of FMLA On Federal and State Anti-Discrimination
Laws
Nothing in the Family and Medical Leave Act shall modify or
affect any Federal or State law prohibiting discrimination on the
basis of race, religion, color, national origin, sex, age, or
disability. In all instances, New Hanover County shall be bound by
whichever statute provides the greater rights to employees.
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