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September 21, 2009 (Regular Meeting) Page 1597
<br />employee or former County employee who has reason to believe that employment,
<br />promotion, training or transfer was denied him or that demotion, lay-off, or
<br />termination of employment was forced upon him because of his age, color,
<br />disability, national origin, political affiliation, race, religion, or sex
<br />shall have the right to appeal directly to the Human Resources Director or
<br />County Manager. Or the employee has the right to appeal using the grievance
<br />procedure outlined in Section 3 of this Article. An employee or applicant
<br />must appeal an alleged act of discrimination within 30 calendar days after
<br />becoming aware of the alleged act or the date he or she should have become
<br />aware of it.
<br />State Personnel Act Employee. An applicant for County employment, County
<br />employee, or former County employee who has reason to believe that
<br />employment, promotion, training, or transfer was denied him, or that
<br />demotion, lay off, or termination of employment was forced upon him because
<br />of his age, color, disability, national origin, political affiliation, race,
<br />religion, or sex except where specific age, sex, or physical requirements
<br />constitute a bona fide occupational qualification necessary for proper and
<br />efficient administration, shall have the right to appeal directly to the
<br />State Personnel Commission for a hearing by the Office of Administrative
<br />Hearings (see previous section for address and phone number) and a decision
<br />by the State Personnel Commission or the employee has the right to appeal
<br />using the grievance procedure outlined in Section 3 of this Article. An
<br />employee or applicant must appeal an alleged act of discrimination within 30
<br />calendar days after becoming aware of the alleged act or the date they should
<br />have become aware of it.
<br />(Note: Should there be any conflict with the above, grievances alleging
<br />discrimination will follow the provisions of the State Personnel Act
<br />currently in effect).
<br />Section 5. Protection of Complaints, Employees, Witnesses, and
<br />Representatives from Interference Harassment Intimidation, and Reprisal
<br />All employees shall be free from any or all restraint, interference,
<br />coercion, or reprisal on the part of County employees and/or other persons
<br />when making any complaint or appeal, in serving as representative of an
<br />appellant, in appearing as witnesses, or in seeking information in accordance
<br />with these procedures. The above principles apply with equal force after a
<br />complaint has been resolved. Should these principles be violated, the facts
<br />shall be brought to the attention of the Human Resources Director or County
<br />Manager by the appellant, the appellant's representative or the person
<br />affected so that the appropriate remedial action may be taken.
<br />Section 6. Back Pay Awards
<br />Back pay and benefits may be awarded to reinstated employees in suspension,
<br />demotion, dismissal, and discrimination cases.
<br />Article IX. Employee Benefits
<br />Section 1 North Carolina Government Employees' Retirement System
<br />The County participates in the North
<br />Retirement System. All regular full
<br />scheduled to work 1,000 or more hours
<br />and eligible for the benefits provided
<br />Carolina Local Governmental Employees'
<br />time and regular part time employees
<br />per year become members of the NCLGERS
<br />from the first day of employment.
<br />Section 2. Health Care and Insurance Benefits
<br />Cabarrus County provides basic group health and life insurance benefit plans
<br />for:
<br />(a)Current full time employees with coverage beginning the first day of
<br />the month after a full month of employment and ending on the last day
<br />of the month when separation occurs.
<br />(b)Retirees from County service under the North Carolina Local
<br />Governmental Employees' Retirement System hired July 1, 1997 or after
<br />and those who opted for retirement health care coverage at that time
<br />employees subject to the requirements listed under Schedule A of
<br />Article VI, Section 5 of this ordinance) may continue or decline
<br />coverage from their last employment date until they become eligible for
<br />Medicare (or reach the age where they would have had such benefits if
<br />they had been qualified for Social Security). This decision should be
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