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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: December 1, 2008 <br />Action Agen a <br />Item No. <br />SUBJECT: Second Readin :Third Party Presence in the Employee Disciplinary Process <br />DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) NO <br />Human Resources Department <br />ATTACHMENT(S): 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: A second reading of an amendment to the Orange County Personnel Ordinance <br />Article IX, section 4d(1) which provides a third party presence at pre-disciplinary conferences <br />prior to demotion, suspension or termination of an employee and a request for the Board to delay <br />voting on the amendment until its first meeting in January 2009 and at that time consider a <br />revision to the amendment voted on at its November 18th meeting. <br />BACKGROUND: The Board, at its August 19, 2008 meeting requested Staff bring forward <br />information on third party presence at pre-disciplinary conferences in cases of suspension without <br />pay, demotion or dismissal after a resident raised concerns that an employee was not allowed to <br />have legal representation at apre-disciplinary conference. On September 16th Staff provided <br />information from the County Attorney's Office indicating the Personnel Ordinance prohibition on <br />third party presence at pre-disciplinary conferences, unless agreed upon by both parties, was <br />constitutional <br />On October 28th, Staff provided additional information to the Board indicating the amendment <br />would not apply to 47% of the County employees because employees in the Sheriff and the <br />Register of Deeds Offices as well as the Departments of Social Services and Health would be <br />exempt from the provision unless the Sheriff, Register of Deeds and Directors of Health and <br />Social Services agreed to allow a third party presence. In addition, Staff provided information <br />from a survey conducted by the North Carolina Employment Security Commission (with a 59.4% <br />response from employees) indicating 72% of employees believe the County makes an "honest <br />attempt to resolve problems that exist." Employees also found: <br />My supervisor treats me fairly 88.3% <br />All things considered, I am satisfied with my supervisor 82.5% <br />My supervisor makes good decisions 80.7% <br />I feel free to disagree with my supervisor 79.0% <br />Management above my immediate supervisor is good 75.6% <br />