Agenda - 11-18-2008 - 6c - Laserfiche WebLink

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Note: This prohibition may be waived with the consent of the department head and the employee. 2 This provision can be waived with the consent of both management and the employee. Staff surveyed Human Resource Directors in other counties and in the Office of State Personnel on allowing a third party presence or representation in pre-disciplinary conferences. (See Attachment 1.) None of the counties or the Office of State Personnel either through ordinance or policy provide for third party presence at pre-disciplinary conferences. Alamance County's policy does not provide for third party presence; however, in practice a third party presence is allowed. Several reasons stated by the Office of State Personnel and others for not allowing a third party presence or representation in pre-disciplinary conferences were: • a third party presence would make the conference more of a hearing and less of meeting; • the pre-disciplinary conference is a time of information sharing and having a third party present or representation may make it more adversarial and reduce the opportunity to resolve both performance and conduct concerns at a lower level. The lack of a third party presence was also countered by the thorough review made by the Human Resources Department of the circumstances surrounding the incident prior to the consideration of discipline. Many indicated Human Resources staff served as a neutral part of the disciplinary process assisting both the employee and management and not advocating for either side. Models While none of the counties surveyed or the Office of State Personnel provide third party presence or representation at pre-disciplinary conference, staff, as requested, has provided several models of third party presence or representation and the pros and cons of each for the Board's consideration: 1. The employee is permitted to select a person of their choice to accompany them to the Pre-disciplinary Conference. This person may be a friend, family member or another employee, but not an attorney. This person is considered a support person only and is not allowed to participate in any way in the conference. • This may help the employee feel more at ease in the proceeding and provide a second set of ears to hear information enhancing the employee's ability to comprehend the information being provided. • There would be no cost to the employee or management unless the person selected was an employee (employee time off would not be charged to leave.) • The support person would not be allowed to actively participate in helping the employee and must remain mute during the conference. • The support person may not. have any training or specific ability to provide the assistance needed by the employee. 2. An employee- would be allowed to select a person from a diverse group of human resources professionals and other staff specifically trained to provide assistance to employees in the Pre-disciplinary Conference. This specifically trained person would act as an ombudsman in helping the employee prepare for the conference and accompanying the