2015-2016 Ventura County Grand Jury Overview

Published: June 21, 2016 28 pages

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⚠️ Aviso de traducción: Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

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Agency Responses 2

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.

Board of Supervisors

May 03, 2016 • 11 pages • 5 responses • Score: -3 (+0, 2, -3) View Details ▾

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5 responses to findings and recommendations

R01

The Grand Jury recommends that the Board of Supervisors update the Personnel Rules and Regulations to incorporate a definition/explanation of “exempt employee” and “non-exempt employee”. (FI-01)

Response: Will Not Implement

Score: -1

Will not be implemented. It warrants noting that there is no evidence to suggest that there is any impropriety with respect to the County's FLSA classification of its employees or positions. The FLSA is one of many complex federal and state employment-related regulations and the U.S. Department of Labor determines the criteria for exempting employees/positions from the FLSA. The Personnel Rules and Regulations (PRR's) consist of rules adopted by the Board of Supervisors pursuant to the County's Civil Service Ordinance and are intended to provide rules for the organization and implementation of...

R02

The Grand Jury recommends that the Board of Supervisors review and revise Chapter VIII (B) – 3 of the County’s Administrative Policy Manual to better define the level of performance required for the granting of administrative leave and to clarify the minimum and maximum time increments for taking administrative leave. The Policy should require the use of PTO for absences of less than a full work shift. The Policy should also direct the tracking of actual hours worked by exempt employees. Further...

Response: Will Not Implement

Score: -1

Will not be implemented. The County's Administrative Leave policy is designed to allow for management discretion in determining performance based upon individual efforts and results as reflected in performance-related documents. The policy itself clearly states that such leave is to be granted on only an "occasional" basis, that it is not an accrued right, that it is to be taken only after first being approved, that it is to be granted in only full day increments, and that unless there are truly unusual circumstances, it is not to exceed three consecutive days. Further, a County administrative...

R03

The Grand Jury recommends that the Board of Supervisors require the review of the Position Description Questionnaire to ensure that it focuses on actual job duties performed on a daily basis rather than on a generalized job description. (FI-04) 14 Exempt Employees and Administrative Leave

Response: Implemented

Score: 0

Has been implemented. When determining the classification of a position (including the exempt v. nonexempt status thereof), the County requires a job analysis and/or completion of a Position Description Questionnaire(s). County human resources staff recently conducted a review of the Position Description Questionnaire and made revisions to the document in April 2016. Both the previous and the new version of this form focus not only on obtaining information about the actual job duties performed, but also on many other job factors crucial to determining FLSA classification. These factors include...

R04

The Grand Jury recommends that the Board of Supervisors require a regularly scheduled audit of workforce classifications and job descriptions to ensure employees are correctly classified under current rules. (FI-03, FI-10)

Response: Requires Analysis

Score: 0

Requires further analysis. Considerable analysis already goes into the FLSA classification of positions upon job class establishment, and periodic classification reviews are subsequently conducted. In addition, the County has planned an evaluation of the positions affected by the recent U.S. Department of Labor regulations in the upcoming months to determine the best way to respond to the upcoming changes. The County will conduct a formalized and scheduled review of "targeted" FLSA exempt classifications (i.e., a select group of those which may be more susceptible to misclassification) to rein...

R05

The Grand Jury recommends that the Board of Supervisors require a study of the financial impact of having a large number of exempt employees. The study should compare the cost of potential overtime if exempt employees were reclassified as non-exempt with the cost of granting administrative leave to exempt employees. Additionally, the study should consider the cost of potential increases in salaries for exempt employees when the proposed new federal regulations take effect. (FI-04, FI-05, FI-06, ...

Response: Will Not Implement

Score: -1

Will not be implemented. A full scale study is not required to analyze and determine the consequences of reclassifying exempt employees to nonexempt status. While it is legally permissible for the County to reclassify FLSA exempt employees to nonexempt status and pay them overtime at the rate of 150% of their regular pay rate, a high level analysis readily indicates that this would not likely result in a net savings to the County. The possible savings realized by the County as a result of tracking and utilizing FLSA exempt employee leave hours (for some represented employees) would very likely...

Ventura County Board of Supervisors

May 26, 2016 • 3 pages View Details ▾

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