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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: October 28, 2008 <br />Action Agen a <br />Item No. <br />SUBJECT: Third Party Representation in the Employee Disciplinary Process <br />DEPARTMENT: County Manager <br />Human Resources Department <br />PUBLIC HEARING: (Y/N) NO <br />ATTACHMENT(S): <br />1-County Attorney's Office Letter, dated <br />7/8/08 <br />2- Staff Attorney Letter, dated 10/24/08 <br />3- Orange County Personnel Ordinance <br />Article IX <br />INFORMATION CONTACT: <br />Laura Blackmon 245-2300 <br />Michael McGinnis 245-2550 <br />Annette Moore 245-2317 <br />PURPOSE: To follow up on the Board's request for information on the section of the County's <br />Personnel Ordinance dealing with third party representative at pre-disciplinary conferences prior <br />to demotion, suspension, or termination of an employee. <br />BACKGROUND: On August 19, 2008, at a regular board meeting, Eugene Farrar, a <br />representative of the Chapel Hill/Carrboro Branch of the National Association for the <br />Advancement of Colored People, came before the Board to express his concern about a section <br />of the Orange County Personnel Ordinance ("the Ordinance"), which prohibited employees from <br />having legal representation at pre-disciplinary conferences. The Board has asked staff to provide <br />information on legal representation during the employee disciplinary process. On September 16, <br />2008, staff presented the Board with a letter sent to the County Manager by the County Attorney's <br />Office, dated July 8, 2008, that addressed this issue. (See Attachment 1) <br />The County Attorney's letter specifically addressed Mr. Farrar's claim of whether or not prohibiting <br />legal representation at apre-disciplinary conference violated the United States Constitution. The <br />letter concludes the Ordinance's prevention of third party representation at pre-disciplinary <br />conferences was not unconstitutional because the Constitution requires us to provide the <br />employee with notice, an opportunity to be heard and a post deprivation hearing, which is <br />provided in the Ordinance. <br />Listed below is additional information the Board should consider with regards to the presence of <br />third party representation in the county's disciplinary process. <br />1. Purpose of the Disciplinary Process. <br />The basic purpose of the disciplinary process is found in the Orange County Personnel <br />Ordinance Article IX, Section 4.1 which provides: <br />