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2 <br />Staff also provided information on the disciplinary process and coaching and counseling, the <br />primary tool used by management to improve or correct employee performance and conduct. <br />Staff recommended the Board not change the Ordinance to include third party representation or <br />presence at pre-disciplinary conferences involving suspension without pay, demotion or dismissal <br />for the following reasons: <br />• Third party representatives would create an inequity among employees within the <br />personnel system applying to only 53% of Orange County employees. <br />• The personnel system currently allows for third party representation if both parties agree. <br />• Human Resource professionals are present in the process to ensure the system is <br />followed and all parties are treated fairly. <br />• Employees view the system as fair. <br />• The presence of third parties and attorneys at the pre-disciplinary conference could make <br />the process more adversarial and decrease the likelihood of the issue being resolved. <br />The Board asked Staff to bring the issue forward at their November 18, 2008 meeting and provide <br />the Board with options for third party representation. At the November 18th meeting, three <br />proposals were brought forward to amend the Orange County Personnel Ordinance Article IX, <br />Section 4d(1) which currently provides: <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 />Note: This prohibition may be waived with the consent of the department head and the <br />employee. <br />The three models presented were: allowing a third party of the employees choice, not an <br />attorney, to be present but not participate in the pre-disciplinary conference; allowing a person <br />selected from a diverse group of specially trained HR Professionals and other staff to act as an <br />ombudsman to assist the employee in preparing for the conference as well as accompanying the <br />employee to the conference; and allowing a third party of the employee choice, including and <br />attorney, who could advocate on the employees behalf at the conference. While Staff again <br />recommended not having a third party presence at pre-disciplinary conferences, they believed the <br />best option available was the use of specially trained ombudsman to assist the employee. <br />Several board members had questions about the amendment such as: what would be the <br />unintended consequences of the amendment; whether family members should be present at the <br />pre-disciplinary conference; whether or not the mediator indicated in the amendment should be <br />"trained or not trained" and whether or not employees in the Offices of the Sheriff and Register of <br />Deeds and Departments of Social Services and Health would have access to the third party <br />presence. After the discussion, the Board voted 3-2 on an amendment different than what Staff <br />had proposed as indicated below: <br />(1) An eligible employee may have a third party present at this conference as <br />provided in the Rules and Regulations adopted for this Section. The third party may be <br />a friend, family member, trained mediator, or another employee but not an attorney. <br />The person is considered a support person and is allowed to participate in the <br />