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a++am +~ <br />MEMORANDUM <br />TO: Laura Blackmon, County Manager <br />Michael McGinnis, Human Resource Director <br />FROM: Annette M. Moore, f Attorney <br />RE: Legal Representation at Pre-Disciplinary Conference Hearing for Local <br />Government Employees Covered by the State Personnel Act <br />DATE: October 24, 2008 <br />1~ <br />This memorandum addresses your question as to whether or not an Orange County employee <br />covered by the State Personnel Act would be prohibited from having legal representation at a <br />Pre-disciplinary conference. This simple answer is "yes" local government employees subject to <br />the State Personnel Act are prohibited from having legal representation at Pre-Disciplinary <br />Conference by the North Carolina Administrative Code. <br />The State Personnel Act covers all employees of local government entities in the social service <br />and county health departments.l The Board of County Commissioners has the discretion to <br />adopt and maintain a personnel system for all county employees. However, in order for the <br />personnel system to apply to the local government employees covered by the State Personnel <br />Act, the system and any substantial changes to the system must be approved by the State <br />Personnel Commission as substantially equivalent.2 Currently, the County has not been deemed <br />"substantially equivalent" by the State Personnel Commission in the area of "employee <br />relations" which would have the effect of exempting its employees from the State Personnel <br />ACt.3 <br />The North Carolina Administrative Code sets forth the procedural requirements for disciplinary <br />action issued to local government employee covered by the State Personnel Act. It provides <br />specifically, "no attorney representing either side may attend the conference."4 Based on the <br />language in the Administrative Code, a county employee subject to the State Personnel Act <br />would not be able to have an attorney represent them in apre-disciplinary conference. <br />1 G.S. §126-5(a)(2)b and c <br />z G.S. §126-11 <br />s G.S. § 126-11(b) and (d) <br />a 25 NCAC 1L2308 <br />