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

Browse Search

3 The person is considered a support person and is allowed to participate in the conference. The support person may have training or specific ability to provide the assistance needed by the employee. The Human Resources Director or the Human Resource Director's designee may be present at management's or the employee's request. Staff has some concerns about-the support persons allowed into the pre-disciplinary conference in the amendment voted on by the Board. Specifically, staff is concerned about what changes may occur in pre-disciplinary, conference with family members not only present but also participating verbally in the pre-disciplinary conference and the intense emotions that may be brought into the conference with family member presence, especially spouses and domestic partners. Additionally, having a mediator, trained or otherwise, at the pre-disciplinary conference creates confusion about the mediator's role at the pre-disciplinary conference. A mediator is a neutral facilitator and is not present to support or advocate for either the employee or management. While in the grievance process a mediator may be helpful, in the disciplinary action process, a mediator may create confusion among some employees who believe the mediator is there to help and support them. Staff proposes two alternatives for the Board's consideration. These alternatives delete the presence of a spouse or a domestic partner and the trained mediator at the pre-disciplinary conference as well as not allowing and allowing some verbal participation in the pre-disciplinary conference by third persons: Alternative 1: (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 (but not a spouse or domestic partner) or another employee but not an attomey. The person is considered a support person and is not allowed to participate in the conference. The Human Resource Director or the Human Resource Director's designee may be present at management's or the employee's request. Alternative 2: (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 (but not a spouse or a domestic partner), or another employee but not an attorney. The person is considered a support person and is not allowed to participate in the conference unless .the support person has had specific training as determined in the Rules and Regulations; the person may then be designated as an ombudsman and allowed to accompany and provide assistance to the employee at the pre-disciplinary conference. The Human Resource Director or the Human Resource Director's designee may be present at management's or the employee's request. The G.S. §153A-45 provides that in order for an ordinance to be adopted on its first reading it "must receive the- approval of all the members of the board of commissioners. If the ordinance is approved by a majority of those voting but not by all the members of the board... it shall be considered at the next regular meeting of the board." The Board then has 100 days after