ORD-2008-105 - Third Part Representation in the Employee Disciplinary Process

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z Staff also provided information on the disciplinary process and coaching and counseling, the primary tool used by management to improve or correct employee pertormance and conduct. Staff recommended the Board not change the Ordinance to include third party representation or presence at pre-disciplinary conferences involving suspension without pay, demotion or dismissal for the following reasons: • Third party representatives would create an inequity among employees within the personnel system applying to only 53% of Orange County employees. • The personnel system currently allows for third party representation if both parties agree. • Human Resource professionals are present in the process to ensure the system is followed and alt parties are treated fairly. • Employees view the system as fair. • The presence of third parties and attorneys at the pre-disciplinary conference could make the process more adversarial and decrease the likelihood of the issue being resolved. The Board asked staff to bring the issue forward at its November 18, 2008 meeting and provide the Board with options for third party representation. At the November 18~' meeting, three proposals were brought forward to amend the Orange County Personnel Ordinance Article IX, Section 4d(1) which currently provides: d. The department head and/or management representative(s) hold the pre-dismissal conference with the employee. (1) No third parties, including attorneys or other representatives may be present at this conference. The Personnel Director or the Personnel Director's designee may be present at management's or the employee's request. Note: This prohibition may be waived with the consent of the department head and the employee. The three models presented were: allowing a third party of the employees choice, not an attorney, to be present but not participate in the pre-disciplinary conference; allowing a person selected from a diverse group of specially trained HR Professionals and other staff to act as an ombudsman to assist the employee in preparing for the conference as well as accompanying the employee to the conference; and allowing a third party of the employee choice, including and attorney, who could advocate on the employees behalf at the conference. Staff again recommended not allowing a third party presence at pre-disciplinary conferences and if the Board wanted a third party presence at the conference, staff recommended the use of a specially trained ombudsman to assist employees. Several Board members had questions about the amendment such as: what would be the unintended consequences of the amendment; whether family members should be present at the pre-disciplinary conference; whether or not the mediator indicated in the amendment should be "trained or not trained" and whether or not employees in the Offices of the Sheriff and Register of Deeds and Departments of Social Services and Health would have access to the third party presence. After the discussion, the Board voted 3-2 on an amendment different than what staff had proposed as indicated below: (1) An eligible employee may have a third party present at this conference as provided in the Rules and Regulations adopted for this Section. The third party may be a friend, family member,. trained mediator, or another employee but not an attorney.