ORD-2012-049 Personnel Ordinance Chaper 28 Article VIII THe Appeals Process and The Grievance Procedure

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(f) No less than 21 calendar days before the hearing, the County Clerk will notify both parties of the hearing, giving the date, time, location and a statement of the issue to be resolved at the hearing by means of certified mail. (g) No determination of a grievance will in any way conflict with any of the County policies, resolutions, or ordinances, or with any State and Federal statutes applicable thereto. (h) Full back pay and related benefits will be awarded to employees fully reinstated in all grievance cases in which the employee was appealing suspension, demotion, or involuntary separation. (Ord. of 06 -07 -1976, eff. 08 -01 -1976, Amend. of 06 -04 -2002, Art. VIII § 3.0, eff. 04 -04- 2002; Amend. of 11 -08 -2012, eff. I1 -08 -2012) Sec. 28 -88. - Personnel hearing board. The Commissioners, as authorized by N.C. Gen. Stat. § 153A -95 will appoint a Personnel Hearing Board to conduct hearings on employee grievances involving demotions, suspensions, and dismissals only. The Personnel Hearing Board will make determinations on employee grievances involving demotions, suspensions, and dismissals and forward its recommendations to the Manager, who will make final determinations. Personnel Hearing Board determinations on employee grievances involving demotions, suspensions, and dismissals in the Sheriffs Department and Register of Deeds' Office will be forwarded to the Sheriff and Register of Deeds, respectively, with a copy sent to the County Manager. The Sheriff and Register of Deeds will make final determinations in their respective departments. (a) Upon receiving notice of an appeal of a grievance from the Manager's decision the Human Resources Director shall assemble the Personnel Board by contacting designated senior Orange County officials and arranging for a three member Personnel Board to hear the appeal. (b) The Personnel Board will consist of three members. Each member of the Personnel Board will be selected from among senior Orange County officials who do not report to the Manager. The three members may be selected from and among the Elections Director, Department of Social Services Director, Public Health Director, Register of Deeds, or Orange County Sheriff. In the case of the Register of Deeds and Sheriff, should either of those two officials be unavailable, they may designate their senior deputy to serve in their place. In the event the appellant is an employee within the department of any of the designated senior officials that senior official shall not be authorized to sit on the Personnel Board. (c) Prior to commencing the appeal hearing the Personnel Board will elect a chair, who will be responsible for calling witnesses and presiding at the hearing. All three members must be present prior to commencement of the appeal hearing. Any member may question witnesses.