104 Exclusions from Coverage

There are three kinds of employees who are not or may not be county employees.  First, there are those who clearly are excluded from coverage by law, like county commissioners and members of advisory boards.  Second, there are employees who are subject to a combination of state or federal employment rules and local rules, such as those subject to specific provisions of the State Personnel Act.  Lastly, some employees are subject to various aspects of county human resources control by contract between their employer and the County, such as the Soil Conservation Service.  Specific categories of employees are discussed in the following regulations.

Elected County Officials

Elected County officials are not considered County employees and, therefore, are not subject to the County's human resources regulations.  An agency or department whose employees are not otherwise considered County employees may make its employees subject to all or part of the Wake County Human Resources System by entering into a contract with the County which defines the manner and extent of such coverage--copies of these contracts currently in affect may be obtained upon request.

At-Will Employees Appointed by the Board of Commissioners

These employees are appointed by the Board of Commissioners and serve at the pleasure of the Board and are not subject to the Personnel Ordinance or regulation.

Local Government Employees Subject to Specific Provisions of the State Personnel Act

Employees in this category are subject to all provisions of the State Personnel Act, except for the authorities granted to the Wake County Board of Commissioners by the Office of State Personnel as identified in Section 103, “Employees Subject to Wake County Human Resources Regulations.”

Members of Advisory and Special Boards or Commissioners

Members of County Boards are appointed to serve by the Board of County Commissioners or other officials, and are not County employees.  Although they may receive a small amount of compensation (generally determined by state statute), these officials serve only when their boards are active, that is, only a few hours or days each month.

The Wake County Elections Director and His Staff

Technically, the County Elections Director is the employee of the Wake County Board of Elections, which is the local arm of the State Board of Elections.  By statute, he and his staff are paid by the County but are subject only to County leave policy.  Additional coverage is determined by mutual agreement.

Temporary Employees

County employees working in temporary positions are subject to some, but not all, of the regulations that apply to County employees in permanent positions.  Temporary employees shall be paid hourly rates and do not receive benefits in excess of wages.  Regulations concerning appointment and separation, probationary periods, disciplinary actions, reductions in force, and non-discrimination grievances do not apply to temporary employees.  They are, however, subject to other work rules and county regulations.

Employees and Employment Governed by Other Law

A county employee may be partly or fully exempt from county human resources regulation by virtue of a superseding law.  This is true in the case of employees subject to specific provisions of the State Personnel Act and may also occur when another state or federal law or regulation preempts the County rule for an individual employee, a class of employees, or all employees.

Revised 7/16/02