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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: November 18, 2008 <br />Action Agenda <br />Item No. (p -- G <br />_SUBJECT: Third Party Presence in the Employee Disciplinary Process <br />DEPARTMENT: County Manager <br />Human Resources Department <br />PUBLIC HEARING: (Y/N) No <br />ATTACHMENT(S): <br />1- Survey of Counties <br />2- Amended Article IX, Section4d(1) <br />Personnel Ordinance <br />INFORMATION CONTACT: <br />Laura Blackmon, County Manager, <br />245-2300 <br />Michael McGinnis, Human Resource <br />Director, 245-2550 <br />Annette Moore, Staff Attorney, 245-2317 <br />PURPOSE: To provide information and a possible recommendation of an amendment to the <br />Orange County Personnel Ordinance Article IX, Section 4d(1); third party presence or <br />representation for eligible employees at a pre-disciplinary conference involving demotion, <br />suspension or termination. <br />BACKGROUND: At the October 28, 2008 Work Session, the Board discussed having third party <br />presence at pre-disciplinary conference during the disciplinary process involving demotion, <br />suspension, or termination of an employee. The Board requested additional information on <br />whether other counties and the Office of State Personnel provided employees with the option of <br />having a third party present and, if so, what models were being used. Additionally, staff was <br />asked to propose a recommended amendment to the Personnel Ordinance to provide a third <br />party presence during pre-disciplinary conferences involving demotion, suspension or termination <br />of eligible County employees. <br />The Orange County Personnel Ordinance Article IX, Section 4d(1) currently states third parties, <br />including attorney or other third parties representatives, may not be at the pre-disciplinary <br />conferences. <br />Article IX, Section 4d(1) <br />d. The department head and/or management representative(s) hold the pre-dismissal <br />conference with the employee. <br />(1) No third parties, including attorneys or other representatives may be present at <br />this conference. The Personnel Director or the Personnel Director's designee <br />may be present at management's or the employee's request. <br />