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ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: January 22, 2009 <br /> Action Agenda <br /> Item No. (f,- ..f <br /> SUBJECT: Second Reading: Third Party Presence in the Employee Disciplinary Process <br /> DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) NO <br /> Human Resources Department <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> Laura Blackmon, County Manager <br /> 245-2300 <br /> Michael McGinnis, Human Resource <br /> Director 245-2550 <br /> Annette Moore, Staff Attorney 245-2317 <br /> PURPOSE: To consider the second reading of an amendment to the Orange County Personnel <br /> Ordinance Article IX, section 4d(1) providing for a third party presence at a pre-disciplinary <br /> conferences prior to demotion, suspension or termination of an employee. <br /> BACKGROUND: This is the second reading of an amendment to Article IX, Section 4d(1) of the <br /> Orange County Personnel Ordinance which currently provides: <br /> d. The department head and/or management representative(s) hold the pre-dismissal <br /> conference with the employee. <br /> (1) No third parties, including attorneys or other representatives may be present at <br /> this conference. The Personnel Director or the Personnel Director's designee <br /> may be present at management's or the employee's request. <br /> Note: This prohibition may be waived with the consent of the department head and the <br /> employee. <br /> The N.C.G.S. §153A-45 provides that in order for an ordinance to be adopted on its first reading it <br /> "must receive the approval of all the members of the board of commissioners. If the ordinance is <br /> approved by a majority of those voting but not by all the members of the board... it shall be <br /> considered at the next regular meeting of the board." The Board then has 100 days after <br /> introduction of the ordinance to adopt the change to the ordinance. <br /> The history of actions on this issue is as follows: <br /> • In response to a citizen concern, the Board at its August 19, 2008 meeting requested staff <br /> bring forward information on third party presence at pre-disciplinary conferences in cases <br /> of suspension without pay, demotion or dismissal. <br />