§ 2.60.650. Appeal of disciplinary action.  


Latest version.
  • A.

    An employee may appeal a disciplinary action by an appointing authority to the appeals panel.

    B.

    For purposes of Sections 2.60.610 through 2.60.660, appeals shall only be allowed in cases involving suspensions, demotions and/or dismissals.

    C.

    In cases involving written reprimands, the only right afforded an employee is that he/she may have a letter of response to the charges or evaluation be placed in his/her personnel file. There is no other form of disciplinary appeal.

    D.

    An employee serving an initial probationary period, occupying positions which report directly to the board of supervisors, or "At Will" employees, shall have no rights of appeal of disciplinary actions.

    E.

    An appeal of a disciplinary action must be filed with the personnel officer within five working days of the effective date of the suspension, demotion or discharge and shall contain the following:

    1.

    The filing employee's name, address, classification and department.

    2.

    The charges alleged which resulted in disciplinary action.

    3.

    The name and title of the appointing authority who issued the disciplinary action.

    4.

    The disciplinary action taken and its effective date.

    5.

    The charges and materials upon which the disciplinary action was based.

    6.

    A statement as to why the disciplinary action taken was not proper.

    7.

    The signature of the appealing employee.

    F.

    An appeal of a disciplinary action shall include an original and three copies of the materials outlined in subsection E of this section be sent to the personnel officer. Upon receipt of the appeal, the personnel officer shall:

    1.

    Date stamp the appeal.

    2.

    Place the original on file in the personnel office.

    3.

    Transmit one copy to the department head in which the disciplinary action was initiated.

    4.

    Transmit one copy to the county counsel.

    G.

    The personnel officer shall schedule an appropriate time for hearing the appeal by a hearing officer from the state mediation/conciliation service. The appeal shall be scheduled at the earliest date that is available for the employee, his or her representative, and the county's representative and county counsel.

    H.

    The hearing officer shall be selected from a list of five hearing officers from the state mediation/conciliation service. Each party may eliminate names from the list of five alternatively until an agreement is reached on a name or one name remains on the list of five. The parties shall share the cost of the hearing officer equally.

(Ord. 1266 §1, 2002; Ord. 1143 §1(part), 1990)