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HomeMy WebLinkAboutResolutions - 1987.10.08 - 18074October 8, 1987 Miscellaneous Resolution # 87260 BY: Personnel Committee - John P. Calandro, Chairperson RE: PERSONNEL APPEAL BOARD-ALTERNATE EMPLOYEE AND COMMISSIONER REPRESENTATIVES TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, Miscellaneous Resolution #84197 provided for the substitution of former Commissioner members of the Personnel Appeal Board for current Commissioner members, who are appointed by the Chairperson of the Board of Commissioners; and WHEREAS, there is no provision for substitution in the case of employee- elected representatives to the Personnel Appeal Board; and WHEREAS, employees have objected to the hearings being conducted before less than a full panel, contributing to delays in scheduling hearings and creating a backlog of cases. NOW THEREFORE BE IT RESOLVED that an Alternate Employee Representative position shall be created, to be elected at the same time and in the same manner as the two regular Employee Representatives, with the proviso that the candidate receiving the 3rd highest vote total shall fill the alternate position. BE IT FURTHER RESOLVED that the vacancies in the position of Employee Representative that occur between annual election shall be filled by vote of the Personnel Appeal Board with the specific consent of the remaining Employee Representative. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners may appoint an Alternate Commissioner who need not be a former member of the Personnel Appeal Board, and continue to appoint regular members as vacancies occur. Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. sk ,-* $ $ SED RULE TITLE' PERSONNEL APPEAL BOARD RULE ON PAGEI NG PROPOSED WORDING PRESENT WO SEE ATTACHMENT A - SEE ATTACHMENT A Change Submitted by: County Executive: F-1 Approved Disapproved by: 1 Personnel Committee: i Approved [1] Disapproved by: Introduced to Board of Commissioners: Date: Date: Date: Date: Oakland County Merit System SECTION TO BE CHANGED SECTION I & SECTION V REASON FOR CHANGE To provide for alternate representatives to serve on the Personnel Appeal Board. 4105142.9,..1161.0.44 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 Com mi ssioners. MERIT RULE #10A PERSONNEL APPEAL BOARD PRESENT WORDING SECTION I - MEMBERSHIP OF THE PERSONNEL APPEAL BOARD The Oakland County Personnel Appeal Board shall be composed of five members. Two members shall be elected by the qualified County employees who are within the merit system. Two members of the Board of Com- missioners shall be appointed to the Personnel Appeal Board by the Chairperson of the Board of Commissioners, subject to approval by the Board of Commissioners. In addition, Commissioners who are former members of the Personnel Appeal Board may be appointed by the Chairperson of the Board of Commissioners to serve on a temporary basis when a Commissioner member in unavailable. The fifth member shall be selected by the other four members. SECTION V W. - METHOD OF DETERMINING THE WINNING CANDIDATES The successful candidates shall be those two candidates receiving the highest and second highest number of the qualified votes cast at such ,election for the office concerned. In the event of a tie, the tie shall be resolved by lot in such man- ner and conditions as shall be prescribed by the Election Board. SECTION V X. - FILLING VACANCIES If a vacancy shall occur within ninety (90) days of the date of the next regular annual election, the unexpired term of that office shall not be filled. All other vacancies shall be filled not later than ninety (90) days following the occurrence of said vacancy by a special election called for that purpose, to be conducted in the same manner as a regular election. PROPOSED WORDING SECTION I - MEMBERSHIP OF THE PERSONNEL APPEAL BOARD The Oakland County Personnel Appeal Board shall be composed of five members. Twb members shall be elected by the qualifted County employees who are within the merit system. Two members of the Board of Com- missioners shall be appointed to th Personnel Appeal Board by the Chairperson of the Board of Commissioners, subje act to approval by the Boa s 'ege s.N A third emplov:,-shall be elected and designated-as alternate member to serve only in the absence of a regular employee representative. In addition, the Chair- person of the Board of Commissioners may appoint any Commissioner to serve as an alternate on a temporary basis when an appointed commissioner member is unavail- able. The fifth member shall be selected by the other four members. SECTION V W. - METHOD OF DETERMINING THE WINNING CANDIDATES The successful candidates shall be those two candidates receiving the highest and second highest number of the qualified votes cast at such election for the office concerned. The candidate receiving the third highest vote total shall fill the alternate position. In the event of a tie, the tie shall be resolved by lot in such manner and conditions as shall be prescribed by the Election Board. SECTION V X. - FILLING VACANCIES Should a vacancy occur in the position of employee representative within 30 days of the date of the next election the un- expired term of that office shall not be filled. All other employee representative vacancies shall be promptly filled by vote of remaining four members of the appeal, board with the specific consent of the remaining employee representative. #87260 October 8, 1987 Moved by Calandro supported by Susan Kuhn the resolution be adopted. Moved by Doyon supported by Calandro the proposed wording of Merit System Rule 10A, Section I - Membership of the Personnel Appeal Board - be amended by inserting the word "representative" after the words "A third employee" so the paragraph reads: "The Oakland County Personnel Appeal Board shall be composed of five members. Two members shall be elected by the qualified County employees who are within the merit system. Two members of the Board of Commissioners shall be appointed to the Personnel Appeal Board by the Chairperson of the Board of Commissioners, subject to approval by the Board of Commissioners. A third employee representative shall be elected and designated as an alternate member to serve only in the absence of a regular employee representative. In addition, the Chairperson of the Board of Commissioners may appoint any Commissioner to serve as an alternate on a temporary basis when an appointed commissioner member is unavailable. The fifth member shall be selected by the other four members." A sufficient majority having voted therefor, the motion carried. Moved by McConnell supported by Calandro the resolution be amended by adding a third and fourth BE IT FURTHER RESOLVED which reads: "BE IT FURTHER RESOLVED that Rule 10A of the Oakland County Merit System be changed to effectuate these amendments, as per the attached proposed language. BE IT FURTHER RESOLVED that the reading of this notice and the distribution of this notice and the attached copies of the current Rule 10A and the proposed changes to Rule 10A to all commissioners present and absent constitutes official submission to the Board of Commissioners as required by the Merit System Resolution." A sufficient majority having voted therefor, the amendment carried. The Chairperson stated by Statute the resolution shall lay over for thirty (30) days. #87260 November 19, 1987 Commissioner Calandro stated that due to the number of questions that had arose regarding the resolution, the resolution be referred back to the Personnel Committee. The Chairperson referred the resolution back to the Personnel Committee. There were no objections.