HomeMy WebLinkAboutResolutions - 1984.03.08 - 113603ASig
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APPROVE THE FOREGOING RESOLUTION I kIE
December 8, 1983 Miscellaneous Resolution # 8335c
BY: PERSONNEL COMMITTEE - John J. McDonald, Chairperson
IN RE: SUBMISSION OF CHANGES IN MERIT SYSTEM RULE 11 - APPEALS OF DISMISSALS,
ci7PNSIONp. DEMOTIONS AND DISCIPLINARY ACTIONS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Section IV, Subsection A of the Merit System Resolution
requires that all changes in the rules and regulations of the Merit System
shall be submitted to the Board of Commissioners at a regular meeting of the
Board and shall become effective thirty (30) days after such meeting unless
objection is received in writing by the Chairperson of the Board of Commissioners,
in which case the objection shall become a matter of business at the next
meeting of the Board; and
WHEREAS it has become desirable to make certain changes in the wording
of Rule 11 - "Appeals of Dismissals, Suspensions, Demotions and Disciplinary
Actions" as spelled out in the attachments to this resolution including the
current and proposed wording; and
WHEREAS your Personnel Committee has reviewed and approved these
changes at its meeting of November 30, 1983,
NOW THEREFORE BE IT RESOLVED that the reading of this notice and
the distribution of this notice and the attached copies of current Rule 11 and
proposed changes in Rule 11 to all Commissioners present and absent to be
considered as the official submission to the Board of Commissioners of the
described changes in Rule 11.
Mr. Chairperson, on behalf of the Personnel Committee, I move the
adoption of the foregoing resolution.
PERSONNEL COMMITTEE
4‘'A
February 9, 1984
REPORT
By:
In re:
PERSONNEL COMMITTEE - John J. McDonald, Chairperson
Miscellaneous Resolution #83355
Submission of Changes in Merit System Rule 11
Appeals of Dismissals, Suspensions, Demotions
and Disciplinary Action
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed
Miscellaneous Resolution #83355, Submission of Changes in Merit
System Rule 11 - Appeals of Dismissals, Suspensions,
Demotions and Disciplinary Action, as well as the objection
registered by Anne M. Hobart, reports with the recommendation
that Rule 11, Section VII, on Page 3 of 3, be amended by adding
in the Proposed Wording, line 11, the words "or the department"
following the word -- employee, --.
Mr. Chairperson, on behalf of the Personnel Committee,
I move the acceptance of the foregoing report.
PERSONNEL COMMITTEE
r•n•1
11
•
RULE
TITLE
OF 3 1 3 , SECTION TO BE CHANGED SECTION VII ON PAGE
Oakland County Merit System
PROPOSED CHANGE IN MERIT SYSTEM RULE
RULE
NUMBER
r APPEALS OF DISMISSALS, SUSPENSIONS, DEMOTIONS AND
I DISCIPLINARY ACTIONS
PRESENT WORDING
If an employee is dismissed, suspended or
demoted by reason of being Charged with the
commission of a felony or of a misdemeanor
involving moral turpitude, casting doubt an
his ability to perform his job, and at the
time his appeal of the action is before the
Personnel Appeal Board for hearing, the char:=,
is involved in a criminal proceeding in the
Courts, the hearing may be postponed or
continued until the termination of such Court
proceedings, at the request of the Employee,
provided that he shall waive in writing all
right to compensation during the period of
adjournment.
PROPOSED WORDING
If an employee is dismissed, suspended or
demoted by reason of being Charged with the
commission of a felony or of a misdemeanor
involving moral turpitude, casting doubt on
his or her ability to perform his or her
job, and at the time his or her appeal of
the action is before the Personnel Appeal
Board for hearing, the Charge is involved in
a criminal investigation or prosecution, the
hearing may, at the request of the
employee, be postponed or continued until
the completion of such investigation or
termination of such prosecution.
REASON FOR CHANGE
Current wording requires the waiving of a property right (compensation) in order to exercise
a constitutional right (Court proceeding) which has been deemed unconstitutional by the
Circuit Court.
Change Submitted by: Personnel Department Date: 11/30/83
County Executive: III Approved 0 Disapproved by: Date:
Personnel Committee: IX) Approved Li Disapproved by: Committee Date :11/30/83
Introduced to Board of Commissioners: Date: 12/8/83
Section IV Subsection A of Merit System Resolution
Copies of the rules and regulations developed by the Personnel Committee and all
future changes in such rules and regulations shall be submitted to the Board of
Commissioners at a regular meeting of the Board of Commissioners and shall become
effective thirty days after such meeting unless objection is received in writin2 by
the Chairman of the Board of Commissioners, in which case the objection shall 1 ,0(7ome
a mavter :f business at the next meeting of the Board of Commissioners.
03355 March 8, 1984
day of 1 D5_,
Moved by Calandro supported by Nelson the resolution be adopted.
Moved by Hobart supported by Moore the resolution be amended as follows:
In the proposed wording following "at the request of the employee," add
"or the departmeht".
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution as amended:
AYES: Law, McPherson, Moore, Nelson, Olsen, Page, Perinoff, Pernick, Price,
Wilcox, Caddell, Calandro, Doyon, Foley, Fortino, Hobart, Jackson, R. Kuhn, S. Kuhn,
Lanni. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution as amended was
adopted;
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution
at their meeting held on
adopted by the Oakland County Board of Commissioners
with the original record thereof now remaining in my office, and
that it is a true and correct transcript therefrom, and of the
whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
LYNNAI. ALLEN. County
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