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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: September 4, 2014 <br />Action Agenda <br />Item No. 6 -k <br />SUBJECT: Amendments to the Orange County Code of Ordinances Regarding Personnel <br />DEPARTMENT: County Attorney <br />ATTACHMENT(S): <br />Resolution of Approval with Exhibit 1 <br />(Relevant Section of Chapter 28) <br />PUBLIC HEARING: (Y /N) No <br />INFORMATION CONTACT: <br />John Roberts, 245 -2318 <br />PURPOSE: To amend Chapter 28 of the Orange County Code of Ordinances to remove the <br />Clerk to the Board as secretary of the Personnel Hearing Board, to clarify certain <br />inconsistencies, and to modify deadlines within the ordinance. <br />BACKGROUND: On November 8, 2012 the Board of Commissioners amended the portion of <br />the Code of Ordinances dealing with the Personnel Hearing Board. Due to the infrequency with <br />which this board meets and the fact that it is not technically an advisory board, the Board of <br />Commissioners amended the Code of Ordinances to designate certain County officials who do <br />not report to the County Manager to be potential members of the Personnel Hearing Board. <br />The Personnel Hearing Board recently convened for a hearing for the first time since 2008. <br />During the hearing process two inconsistencies were discovered in the ordinance, <br />inconsistencies that have likely been present since the ordinance was originally drafted. <br />Clarifying these inconsistencies will provide employees the opportunity to participate in a <br />hearing not less than 10 nor more than 21 days after the date they file an appeal. For an <br />employee who has been suspended, demoted, or terminated, this quick time frame within which <br />to have the appeal heard minimizes one of the down sides of suspension, demotion, or <br />termination, that being a lengthy time before his or her appeal is heard. The definitive time <br />frame also allows County staff adequate time to prepare the hearing materials. Staff involved in <br />the hearing process also realized it was probably inappropriate and certainly cumbersome for <br />the Clerk to the Board to be involved in the hearing process and to require a two day turnaround <br />on certain deadlines. <br />The attached amendments replace the Clerk to the Board with the Human Resources Director <br />as the secretary to the Personnel Hearing Board and clarify the time within which the hearing <br />must be conducted. <br />