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HomeMy WebLinkAboutResolutions - 1977.08.18 - 13067„/ 3123 Miscellaneous Resolution August 18, 1977 BY: PERSONNEL COMMITTEE - John J. McDonald., Chairma IN RE: SUBMISSION OF CHANGES IN MERIT SYSTEM RULE Tl TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: WHEREAS Section TV, 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 Chairman 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", Section IV, as spelled out in the attachments to this resolution; and WHEREAS your Personnel. Committee has reviewed and approved these changes at its meeting of August 10, 1977, NOW THEREFORE BE IT RESOLVED that the reading of this notice and the distribution of this notice and the attached form. labeled "Proposed Changes in Merit System Rule" to all the Commissioners present and absent to be considered as the official submission to the Board of Commissioners, of the described changes in Rule 11, Section IV. The Personnel Committee, by John J. McDonald, Chairman, moves the adoption of the foregoing resolution- PERSONNEL COMMITTEE :John J./McDonald, Chairman APPEALS OF DISMISSALS, SUSPENSIONS, DEMOTIONS AND DISCIPLINARY ACTIONS ramprm. RULE NUMBER RULE TITLE SECTION TO BE CHANGED III. IV. and VII ON PAGE n OF [---1 PRESENT WORDING PROPOSED WORDING See Attachment A. See Attachment B. Change Submitted by: Personnel Appeal Board County Executive: Personnel Committee: Date: 7/13/77 Approved Disapproved by: Daniel T. Murphy Date:8/10 /77 Approved F-1 Disapproved by: J. J. McDonald Date:8/10/77 Oakland County Merit System PROPOSED CHANGE IN WRIT SYSTEM RULE REASON FOR CHANGE To allow the Personnel Department and the Personnel Appeal Board to more effectively deal with the backlog of appeals; and to give the Department Head the right to postpone or continue those hearings involved in criminal proceedings in the Courts. Introduced to Board of Commissioners: Date: 8/18/77 Ikeswommewe 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 writing by the Chairman of the Board of Commissioners, in which case the objection shall become a matter of business at the next meeting of the Board of Commissioners. ATTACHMENT A PRESENT WORDING RULE II — APPEALS OF DISMISSALS, SUSPENSIONS, DEMOTIONS AND DISCIPLINARY ACTIONS (Reference to Section VI, K of the Merit System Resolution) Section I ELIGIBILITY TO APPEAL All County Employees, except those specifically excluded from the provisions of the Merit System Resolution, who have regular status (have successfully completed their probationary period) shall have the right to appeal dismissals, suspensions, demotions and disciplinary actions. A. Employees who have not successfully completed a probationary period in any classification shall not be eligible to appeal any of these actions. Employees who have successfully completed a probationary period in one or more classifications, but have not completed the probationary period in a classification to which they have been promoted, shall have the right to appeal dismissals, suspensions and disciplinary actions, but shall not have the right to .appeal a demotion from the classification in which they have not completed the probationary period. *Section II METHOD OF APPEALING Employees wishing to appeal their dismissal, suspension, demotion or a disciplinary action taken against them must file such an appeal in writing with the Personnel Division within fourteen (14) calendar days of the effective date of the action with the following exception. If the Personnel Division is closed and unable to receive appeals on the fourteenth day (Saturday, Sunday, Holiday or other non-working days) appeals will be received up to but no later than 5:00 P.M. on the next working day the Personnel Division is open to receive such appeals. 1. The appeal must be delivered to the Personnel Office in person or by certified or registered mail with return receipt requested. 2. The Appeal must contain the reasons why the employee feels the appealed action was unjustified and state the remedial action requested. *Section III INVESTIGATION BY THE PERSONNEL DIVISION The Personnel Division shall have up to nineteen (19) calendar days after the effective date of the appealed action to investigate the appeal and attempt to find a solution satisfactory to both the Department Head and the Employee. *Section IV SCHEDULING OF AN APPEAL If the employee has not withdrawn his appeal by 5:00 p.m.on the nineteenth (19th) calendar day after the effective date of the action, the Personnel Division shall forward the appeal to the Personnel Appeal Board which shall schedule a hearing on the matter beginning on or before the twenty-ninth (29th) calendar day after the effective date of the appealed action. A. Both the Department Head and the employee shall be given written notice of the time and place of the hearing at least five (5) calendar days before the date of the hearing. *Sr-7=i, III & IV amended by the Board of Commissioners in Miscellaneous Resolution No. 6867, October 15, 1974; Amendment effective November 15, 1974. B. A. Page 1 of 2-RULE 11 Section V CONDUCT OF HEARINGS A. The Personnel Appeal Board may conduct its hearings in an informal manner, but witnesses in such hearings shall be sworn. B. Employees and Department Heads may represent themselves or be represented. C. The Personnel Appeal Board may have the assistance of counsel. D. The Board may subpoena witnesses and records as it finds necessary. E. A quorum shall consist of three Board Members present. F. A majority vote of the five Members shall be required for Board action. The Board may either affirm, modify or revoke the order of dismissal, suspension, demotion or disciplinary action to any extent, as in its judgement, is equitable. The decision and findings of fact shall be reduced to writing, shall be certified and forwarded to the interested parties and shall be enforced and followed by them. 1. If the action of the Department Head is affirmed by the Personnel Appeal Board, the effective date of the action shall stand. 2. If the action of the Department Head is modified by the Personnel Appeal Board, compensation and other benefits shall be in accordance with and in proportion to the extent of such modification. 3. If the Action of the Department Head is revoked by the Personnel Appeal Board, all compensation and other benefits which would have accrued to the employee from the effective date of the action shall be restored to him. Section VI EXTENSION OF TIME LIMITS In the event of unusual circumstances, the Personnel Appeal Board may authorize extensions of the time limits of the appeal procedure for individual cases. Section VII 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 ability to perform his job, and at the time his appeal of the action is before the Personnel Appeal Board for hearing, the charge 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. G. RULE 11 - Page 2 of 2 ATTACHMENT B PROPOSED WORDING PERSONNEL COMMITTEE RECOMMENDATION RE: CHANGE IN WORDING OF MERIT SYSTEM RULE 11, SECTION IV APPROVED CHANGE: Section IV SCHEDULING OF AN APPEAL If the employee has not withdrawn his appeal by 5:00 p.m. on the nineteenth (19th) calendar day after the effective date of the action, the Personnel Department shall forward the appeal to the Personnel Appeal Board which shall-schedule a hearing on the matter within ninety (90) calendar days. Priority in the scheduling of hearings will be given to those employees appealing dismissals, suspensions without pay, demotions and any other discipline which reduces an employee's compensation (in that order). A. Both the Department Head and the employee shall be given written notice of the time and place of the hearing at least five (5) calendar days before the date of the hearing. #8I23 August 18, 1977 The Chairman announced the matter shall be laid over for thirty days.