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26 <br /> (4) Dismissa1.2 Before a Permanent employee may be dismissed,the following must occur: <br /> a. The department director reviews the facts and circumstances, including the nature and extent of <br /> prior disciplinary actions, if any,and any action taken (or not taken)as to other employees in <br /> similar situations. <br /> b. If the department director determines dismissal may be warranted,they review the <br /> recommendation with the Human Resources Director.The Human Resources Director makes a <br /> recommendation to the County Manager for approval to proceed with a pre-disciplinary <br /> conference with the employee. In the case of an employee in the Department of Health or Social <br /> Services,the Health Director or Social Services Director determines whether to proceed with a <br /> pre-disciplinary conference. <br /> C. Prior to the pre-disciplinary conference,the department head gives the employee written notice <br /> of the pre-disciplinary conference.This notice includes the specific reasons for the proposed <br /> discipline and a brief summary of the information which management believes supports the <br /> proposed discipline. <br /> d. The department head and/or management representative(s) hold the pre-disciplinary conference <br /> with the employee. <br /> (1) An eligible employee may have a third-party present at this conference as provided in the <br /> Rules and Regulations adopted for this Section.The third party may be a friend,family <br /> member(but not a spouse or domestic partner)or another employee but not an attorney. <br /> The person is considered a support person and is allowed to participate in the conference, <br /> only in so far as the support person addresses his or her comments to the employee.The <br /> Human Resources Director or the Human Resources Director's designee may be present at <br /> management's or the employee's request. <br /> (2) The department head and/or management representative(s) review with the employee the <br /> facts giving rise to the disciplinary conference and the specific reasons for the <br /> consideration of disciplinary action, including dismissal and provides an opportunity for the <br /> employee to respond. <br /> e. Following the pre-disciplinary conference,the department head considers the information the <br /> employee has presented. <br /> f. If the department head determines that dismissal is warranted following the pre-disciplinary <br /> conference,they review the dismissal recommendation with the Human Resources Director.The <br /> Human Resources Director makes a recommendation to the County Manager regarding the <br /> dismissal or other proposed disciplinary action.The Manager then makes a decision based on the <br /> recommendation. For an employee in the department of Health or Social Services,the Health or <br /> Social Services Director makes the dismissal decision. <br /> g. The department head gives the employee written notice of dismissal which includes the specific <br /> reasons for the dismissal,a summary of the information which management believes warrants <br /> the action, and the employee's appeal rights under the Orange County Personnel Ordinance. <br /> (5) Disciplinary Suspension Without Pay.' <br /> 2Note(s)—See Article IX,Section 28-92(g)(4). <br /> 'Note(s)—See Article IX,Section 28-92(g)(4). <br /> Created: 2023-12-19 09:11:25 [EST] <br /> (Supp.No.14) <br /> Page 5 of 6 <br />