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Home My WebLink AboutResolutions - 1995.12.07 - 24383mTcrRLLANFnUS RESOLUTION 195269 BY: Finance & Personnel Committee, John P. McCulloch, Chairperson IN RE: PERSONNEL DEPARTMENT - CHANGE IN MERIT RULE 3, CREATION OF CLASSIFICATION DETERMINATION SUBCOMMITTEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS currently Merit Rule 3.4 calls for the Personnel Committee to act as the final County appeal body on riaAsificnt-inn matters, hearing appeals of the Personnel Department's determinations, and WHEREAS the Personnel Committee referenced in Merit Rule 3 no longer exists and has been replaced by the Finance and Personnel Committee, and WHEREAS to facilitate future classification appeal hearings, it is proposed to create a Classification Determination Hearing Subcommittee to consist of three members and an alternate to act as the hearing body on classification matters, and WHEREAS this rlAqsificarion Determination Hearing Subcommittee will hear classification appeals and report findings of fact and a L-LummlidaLiwil to the Finance and Personnel Committee, and WHEREAS the Finance and Personnel Committee will review the Subcommittee's findings of fact and re'cummendatiull0 and make a final determination on the classification appeal, and WHEREAS a proposed Merit Rule change establishing a Classification Determination Hearing Subcommittee has been reviewed and approved by the Finance and Personnel Committee. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the proposed Merit Rule change, a copy of which is attached. BE IT FURTHER RESOLVED that the Chairperson of this Board on behalf of the County of Oakland, is authorized to execute this Merit System Rule change, consistent with the provisions of Misc. Resolution 4606, Section IV, A. Chairperson, on behalf of the Finance and Personnel Committee, I move the adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE NUMBER TrrLE MOM Classification Plan . SECTION TO BE CHANCED [ 3.4 Appeal of Classification Determination F ON PACE PRESENT WORDING PROPOSED WORDING See Attached See Attached Qtaland ‘ounCy ASCIA 3711C4a PROPOSED CHANGE IN. MERIT SYSTEM RULE • REASON FOR CHANG! Change Submitted by Date:. County Executive: Approved 0 Disepproved by: Date: _______ Finance & Personnel [:] Approved C] Disapproved by: Data: Committee rntroduced Co Board of Commissioners: Dates Ilmor 1 Section EV Subsection A of Merit System Resolution Copia, of the rules .and regulations developed by the Personnel Committee and all Attune changes in such rutes and regulations shalt be submitted to the Board of Commissioner' at a regular meeting of the Board of Comeissionere 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 !..eccmc a ma:ter of business at the next meting•of the Board ofCommiasionars. PRESENT WORDING 3.4 APPEAL OF CLASSIFICATION DETERMINATION 3.4.1 The Personnel Committee shall act as the final County appeal body on classification matters, hearing appeals of the Personnel Department's determinations from either employees or Department Heads/Division Managers. 3.4.1.1 An appealing party shall have up to five work days after receipt of the notice of classification determination in which to notify the Personnel Department of the appeal. 3.4.1.2 On receipt of a classification appeal the Personnel Director shall place the classification appeal on the agenda of the next meeting of the Personnel Committee, 3.4.1.3 The Personnel Committee shall hold classification appeal hearings within 30 days of the notification by the Director of Personnel of the appeal. PRO-P-QaEn WO IR r) T N(3 3.4 APPEAL OF CLASSIFICATION DETERMINATION 3.4.1 The Finance and Personnel Committee shall appoint a Classification Determination Hearing Subcommittee to consist of three members and one alternate. Appointments shall be made for a one year term to run from January 1st through December 31st. The Subcommittee shall hear appeals of the Personnel Department's determinations from either employees or Department Heads/Division Managers and report findings of fact and a recommendation to the Finance and Personnel Committee. The Finance and Personnel Committee shalll review the subcommittee's findings of fact and recommendation and make a final determination on the classification appeal. 3,4,1.1 An appealing party shall have up to five work days after receipt of the notice of classification determination in which to notify the Personnel Department of the appeal. 3.4.1.2 On receipt of a classification appeal the Personnel Director shall place the classification appeal on the agenda of the next meeting of the Finance & Personnel Committee. 3.4.1.3 The Classification Determination Hearing Subeommittee shall schedule the classification appeal hearing within 30 days of the notification to the Finance and Personnel Committee by the Director of Personnel. 3.4.1.4 The Classification Determination Hearing Subcommittee shall select its chairperson from the members. 3.4,1.5 The Classification Determination Hearing Subcommittee procedures may be changed by a majority vote of the Finance and Personnel Committee members. CLASSIFICATION DETERMINATION HEARING SUBCOMMITTEE PROCEDURES (The basis for classification appeal hearings is Merit Rule 3.4) CALL THE HEARING TO ORDER (CHAIRPERSON) A. All three members or two members and the alternate must be present for the hearing to proceed. INTRODUCTION OF PARTICIPANTS (CHAIRPERSON) PRESENTATION OF HEARING RULES (May be waived if both parties agree.) A. The parties may represent themselves or be represented. B. At least five business days before the scheduled hearing, the parties shall each submit a written statement to the Finance and Personnel Committee Coordinator. The statements must give a summary of the their respective positions on the matter being appealed and list witnesses each party wishes to call. The remedy requested must be clearly stated. Parties must submit all written materials they wish considered for the appeal hearing at this time. C. The parties or their representatives must be present throughout the hearing. Failure to do so may be cause for termination of the hearing. D. The Chairperson of the Classification Determination Subcommittee shall have the authority to exclude an unruly participant from the hearing. E. A majority of the subcommittee may decide, by formal vote, when it has heard sufficient information on which to determine the case before it. In such cases, the Chairperson shall terminate the hearing. IV. READING OF POSITION STATEMENTS (The parties shall read their written statements submitted under section III.B,) V. PRESENTATION OF APPELLANT'S CASE A. Time limits may be established by the Chairperson. B. The appellant or appellant's representative shall present the appellant's case, including any witnesses whose names were previously submitted. C. The Personnel Department shall have the opportunity to question the appellant and/or witnesses. D. Subcommittee members shall have the opportunity to question the appellant and/or witnesses. VI. PRESENTATION OF THE PERSONNEL DEPARTMENT'S CASE A. Time limits may be established by the Chairperson. B. The Personnel Department's representative shall present the Personnel Department's case, including any witnesses whose names were previously submitted. C. The appellant or appellant's representative shall have the opportunity to question the Personnel Department's representative and/or witnesses. D. Subcommittee members shall have the opportunity to question the Personnel Department's representative or witnesses. VII. PRESENTATION OF APPELLANT'S CLOSING STATEMENT A. Limited to five minutes unless extended by the Chairperson. VIII. PRESENTATION OF PERSONNEL DEPARTMENT'S CLOSING STATEMENT A. Limited to five minutes unless extended by the Chairperson. IX. IF THE HEARING CANNOT BE COMPLETED IN THE SCHEDULED TIME PERIOD, THE HEARING MAY BE ADJOURNED FOR A PERIOD NOT TO EXCEED FIFTEEN DAYS. X. UEEEEEEEEDIN AND DETERMINATION BY SUBCOMMITTEE A. The chairperson shall call for a vote of the subcommittee, with a majority vote of the subcommittee required for a recommendation to the Finance and Personnel Committee on the classification appeal. Recommendations may be one of the following: 1. Affirm the determination by the Personnel Department. 2. Modify the determination by the Personnel Department. (If recommended to be modified, the subcommittee must specify the action recommended.) a. Recommendations by the subcommittee that are approved by the Finance and Personnel Committee which modify the Personnel Department's determination of the appellant's classification shall be retroactive to the nearest pay period to the date the appellant submitted the job analysis questionnaire to the Personnel Department. B. The recommendation of and findings of fact by the subcommittee shall be reduced to writing, signed by the Chairperson, and submitted to the next regularly scheduled Finance and Personnel Committee meeting for final determination on the classification appeal. XI. CLOSING OF HEARING (BY CHAIRPERSON) OAKLAND COUNTY MERIT SYSTEM PERSONNEL DEPARTMENT OAKLAND COUNTY EXECUTIVE APPEAL OF CLASSIFICATION DETERMINATION EMPLOYEE DEPARTMENT/DIVISION SALARY RANGE (Circle Current Step) , Classification Base Lit, 2 Yr, 3 Yr, 4 Yr. 1 5 Yr. ! • 'Prior to Personnel Dept. Study %Requested by Employee Recommended by inept. , kDetermination by Tersonnel Dept. I Date Employee Notified of Determination SUMMARY OF POSITION OF: Employee Department County Executive Section HI. B of Order of_Hearing- Classification Appeal Hearing - Classification DeterminationAyb-Committee "Al least five business days before the scheduled hearing, the parties shall each submit a written statement to the Finance and Personnel Committee Coordinator. The statements must give a summary of their respective positions on the matter being appealed and list witnesses each party wishes to calL The remedy requested must be clearly staled. Parties must submit all written materials they wish considered for the appeal hearing at this time." I EXPECT TO CALL THE FOLLOWING WITNESSES IN THIS HEARING: Name Classification THE FOLLOWING IS A SUMMARY OF MY POSITION ON THIS MATTER: I am asking the Finance & Personnel Committee to take the following action: REASONS: (Use additional sheets if necessary) Signature Date Submitted PLEASE SUBMIT THIS FORM TO THE OFFICE OF THE COMMITTEE COORDINATOR FOR THE FINANCE AND PERSONNEL COMMITTEE OF THE BOARD OF COMMISSIONERS OAKLAND COUNTY BOARD OF COMMISSIONERS 1200 N TELEGRAPH RD DEPT 470 - PONTIAC MI 48341-0470 (810) 858-0100 FAX: (810) 858-1572 November 3, 1995 Honorable Larry Crake, Chairperson Oakland County Board of Commissioners Dear Larry, RE: MR 95269-PERSONNEL DEPARTMENT-CHANGE IN MER;T_RULE 3. CREATION OF CEASEIFT=TION DETEMINATION SUBCOMMITTEE This letter constitutes my objection to the adoption of the captioned change in Merit Rule 3, Creation of Classification. Determination Subcommittee. I believe the citizens of Oakland County, with their vote to create the Merit System, provided for a personnel Committee in total to constitute the appeal body for changes in classification_ The creation of a subcommittee would reduce the necessary "due process" and force members of the Personnel Committee to vote on any proposed changes without adequate information. I, therefore, urge the Board of Commissioners to reject the proposed resolution. Cordially, <11:417;,Zw. La ence R. Pernick Commissioner District No. 20 cc: Members of the Board of Commissioners Resolution #95269 December 7, 1995 Moved by McCulloch supported by Douglas the resolution be adopted. Discussion followed. Vote on resolution: AYES: Dingeldey, Douglas, Garfield, Huntoon, Jensen, Johnson, McCulloch, Palmer, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine. (15) NAYS: Holbert, Jacobs, Kaczmar, Kingzett, Law, McPherson, Moffitt, Obrecht, Pernick, Quarles. (1C) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Comm1ssioners on December 7, 1995 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affix: e seal f the County of Oakland at Pontiac, Michigan this 7th dayeallIcembe 19 Lyn & D. Allen, County Clerk