Agenda - 10-28-2008 - 6 - Laserfiche WebLink

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warnings, 1 was a suspension and 9 were terminations (4 in probationary status and 5 permanent employees). 6. Third Party Representation. Currently third parties, including attorney or other third parties representatives, may not be at the pre-disciplinary conference. This could be waived with the consent of both management and the employee. This applies to department directors and employees alike and does not prevent the employee from seeking legal advice. While the Ordinance provides the Human Resource Director or his designee may be present at the conference at either management's or the employee's request, someone from Human Resources is always present at pre-disciplinary conferences. The Human Resource professionals are trained mediators and remain neutral at the conference. They do not take the side of either management or the employee but act as witnesses ensuring the process is followed and is fair to all parties. The pre-disciplinary conference provides additional opportunities for problem-solving. The human resource professional is in the best position to facilitate a successful resolution of the issue knowing the history as well as the internal policies and processes. Instead of management and the employee putting forth their points of view, the conference could devolve into amini-trial between the lawyers. Also having attorneys present at pre-disciplinary conferences in cases of serious work performance deficiencies endangering the safety of persons or property may slow the process when resolving the issue may be in the best interest of all parties. 7. Conclusion County Management is sensitive to some employees' desire to have third parties at pre- disciplinary conferences. However, the County must ensure all employees are treated fairly and have the opportunity to resolve issues at the lowest level possible. • Third party representatives would create an inequity among employees within the personnel system applying to only 53% of Orange County employees. • The personnel system currently allows for third party representation if both parties agree. • Human Resource professionals are present in the process to ensure the system is followed and all parties are treated fairly. • Employees view the system as fair. • The presence of third parties and attorneys at the pre-disciplinary conference could make the process more adversarial and decrease the likelihood of the issue being resolved. FINANCIAL IMPACT: There will be no additional cost if the policy is not changed. However, if the Ordinance is changed to allow legal representation there may be a cost to adequately defend the action. RECOMMENDATION(S): The Manager recommends the Board leave the Personnel Ordinance as it currently reads.