A RESOLUTION OF THE BOARD OF COMMISSIONERS OF BUTTS COUNTY SETTING FORTH REQUIRED PRATICES CONCERNING EMPLOYEES AND COMPENSATION; TO PROMULGATE REGULATIONS FOR THE COMPILING OF EMPLOYEE TIME WORKED DOCUMENTATION; TO DESIGNATE A HOLDER OF RECORDS; TO PROVIDE FOR PENALTIES IN THE EVENT ON NON-COMPLIANCE; TO AUTHORIZE THE CHAIRMAN TO SIGN THE RESOLUTION; TO AUTHORIZE THE CLERK OF BUTTS COUNTY TO ATTEST ALL DOCUMENTS; AND FOR OTHER RELATED AND LAWFUL PURPOSES.
WHEREAS, Butts County is a duly created and validly existing political subdivision of the State of Georgia under the Constitution and laws of the state of Georgia; and
WHEREAS, the Butts County Board of Commissioners, hereinafter referred to as “The Commission” or “The Members” is the elected governing body charged with managing the affairs of the County and for appointing persons to act on their behalf to ensure compliance with rules, laws and regulations concerning employment and compensation of employees, and;
WHEREAS, it is the desire of the Members to ensure accountability by all employees of the County, including those charged with a supervisory capacity, and;
WHEREAS, such measures to ensure the provisions of accountability is and has been recommended to Butts County by representatives of the Department of Labor, the County Auditor, the County Attorney and others charged with the oversight and enforcement of applicable labor laws which govern employees of Butts County, and;
WHEREAS, the Butts County Personnel Ordinance, 5th edition, specifically references accountability standards for employee compensation and proposes penalties which may be imposed for failure to comply with said standards, and;
WHEREAS, the documentation of time worked by employees serves to create a record of hours worked by employees of the County and provides a mechanism whereby said hours are verified and approved by supervisory and management staff, attesting to the documentation of worked hours and signifying their awareness that falsification of such a record can lead to both personal and potential criminal consequences for an employee and their approving supervisor, and;
WHEREAS, the Members have employed personnel to oversee the process of payroll compilation and tabulation, and to ensure compliance with labor laws, personnel law and the ordinances, rules and regulations enacted by the Commission, now therefore be it:
RESOLVED, that the Commission hereby declares that the foregoing preamble and whereas provisions set forth hereinabove constitute, and shall be considered to be, substantive provisions of this Resolution and are hereby incorporated by reference into this provision.
BE IT FURTHER RESOLVED that the Members, through this Resolution, does hereby exercise its statutory rights as the Governing Authority of Butts County and the lawful employer of record, for the purposes of payroll and compensation, of all employees who receive compensation and benefits of County employment and do hereby impose and promulgate rules and regulations with regards to the compilation of payroll compensation records, as prescribed herein, and;
BE IT FURTHER RESOLVED that for the purposes of this Resolution, the following classifications are delineated as follows:
I. Hourly Employees shall be all employees who are designated as non-exempt employees under the Fair Labor Standards Act, which requires that employees so designated are paid an established dollar amount for each hour worked and are subject to the provisions of overtime.
II. Salaried Employees shall be all employees who are designated as exempt employees under the Fair Labor Standards Act, which requires that employees so designated are paid an annual set amount, divided over 26 pay periods per year, and, having met the required thresholds and provisions defined by law to be classified as a salaried employee, are therefore exempt from the provisions of overtime.
BE IT FURTHER RESOLVED that the following rules are promulgated by the Commission as the Governing Authority, as follows:
A). That all persons receiving compensation from Butts County who are designated as “Hourly Employees” or “Non-Exempt Employees” shall be required to submit to their supervisor an approved time sheet denoting the days worked, the hours worked for each day and any other required information as provided on the approved County timesheet form, and shall be required to sign the document attesting to the validity of all information submitted, under penalty of law, if applicable, as well as penalty of disciplinary action, if said information is determined to be false.
B). That the supervising employee of any employee covered under paragraph A above shall be required to verify the information submitted by the aforementioned employee and once having verified said information, shall also sign the timesheet attesting that, to the best of their knowledge and belief, the information contained therein is a true and accurate record of the hours worked by the employee, under penalty of law, if applicable, as well as penalty of disciplinary action, if they knowingly approve false information.
C). That all persons receiving compensation from Butts County who are designated as “Salaried Employees” or “Exempt Employees” shall be required to submit a signed, approved application for leave whenever such employee is not at work and not otherwise engaged in the business of the County, and that said application for leave shall be signed by both the salaried employee and that employee’s appointing authority as granting approval for paid leave and submitted with the biweekly payroll documentation.
D). That all “Hourly Employees” or “Non-Exempt Employees” shall also be required to submit a signed, approved application for leave whenever such employee is not at work and not otherwise engaged in the business of the County, and that said application for leave shall be signed by both the employee and that employee’s granting authority as having granted approval for paid leave.
E). That no employee who is physically not at work or otherwise engaged in documentable business of the County, shall be paid personal leave in excess of their actual accrued leave, and in the event that an hourly employee is granted leave for an amount of time beyond their actual accrued leave, that said employee’s compensation for that pay period shall reflect only the hours actually worked, plus any approved leave hours that have been accrued.
F). That in the event an employee as identified in paragraph E is salaried, their compensation shall be reduced by an amount equal to their estimated hourly value, which shall be determined by dividing the annual salary by 26 pay periods and again by 80 hours, then taking that estimated hourly value and multiplying it by the hours not compensable, then reducing the salaried amount by the sum total of that arrived value.
G). That each department manager, meaning an appointed official, elected official or constitutional officer or their designee shall be required to submit all signed, documented payroll time computation sheets, leave sheets and related documents in support of the information which each department has entered into the payroll accounting system, to the Human Resources Manager at the time they submit electronic payroll, and that said documentation shall be maintained in support of the electronic submission.
H). That this Resolution shall expressly state that Butts County does not recognize or approve compensatory time and that no employee shall have a benefit whereby they are allowed to earn, accrue, accumulate or be allowed to utilize any type of paid leave in lieu of owed financial compensation other than the approved personal leave granted to full time employees.
BE IT FURTHER RESOLVED that the Board assigns the responsibility for receiving and overseeing the payroll process to the Human Resources Manager and assigns all recordkeeping responsibilities to the same, subject to the records retention oversight of the County Clerk, and;
BE IT FURTHER RESOLVED that the Board authorizes the County Administrator or their designee to enforce all provisions of this Resolution and to take appropriate actions when these resolved provisions are not being followed, and;
BE IT FURTHER RESOLVED that the Board of Commissioners retains their statutory authority to revoke, withhold or otherwise not extend merit system employee benefits, within the limits allowed by law, to any department, agency, office or dependency of the County Government that does not comply with the provisions of this Resolution, and will also strongly recommend that
Constitutional Offices voluntarily comply and adopt similar policies that complement the policies of the County.
BE IT FURTHER RESOLVED that any Constitutional Officer or Elected Official of Butts County shall be exempt from the provisions of this Resolution;
BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect on September 1, 2019 and that any and all resolutions or parts of resolutions, or policies or ordinances in conflict with this Resolution shall be, and they, to the extent of such conflict are, hereby repealed, and;
BE IT RESOLVED that it is the express intention of the Board of Commissioners that each independent provision of this Resolution should be adopted, and that the Board would have adopted each such independent provision even if the others had not been adopted; therefore, in the event that a court of competent jurisdiction finds any of the aforementioned to be unlawful, invalid or unenforceable, that it is the intent of the Board of Commissioners that the offending provision be severed, and that all lawful provisions remain in force, and;
BE IT FINALLY RESOLVED that the Board authorizes the Chairman of the Board of Commissioners to sign this Resolution on their behalf and to authorize the Clerk of Butts County to attest all signatures and spread this resolution upon the minutes of the Board of Commissioners
Adopted in open session this 12th Day of August, 2019.
/s/ Ken Rivers, Chairman
/s/ Michael Brewer, Deputy County Administrator, attesting
Motion: Douglas, K. of the 4th
Second: Brown, J. of the 3rd
Status: Approved, with Rivers, K. and Crumbley, R., joining
Author: Brewer M