Agenda 09/09-10/2008 Item #16G2
AG
No.
EXECUTIVE SUMMARY
SEP 0 ~1 2008
Pg / t5 ~ IS-
Creation and adoption of an Employee Personnel Policy for Collier County Community
Redevelopment Agency (CRA) employees working under the supervision of the CRA
executive directors.
OBJECTIVE: To obtain approval for a Collier County Community Redevelopment Agency
(CRA) employee personnel policy governing the staff managed by the CRA Executive Directors.
CONSIDERATIONS: As the CRA continues to grow and employ staff to carry out its objectives
in the Bayshore Gateway Triangle Redevelopment and Immokalee Redevelopment Areas, it is
essential to establish an employee personnel policy. To simplify the employee practices and
procedures to be followed by CRA employees, it is recommended that the CRA adopt and follow
the same personnel rules and procedures implemented by the County Manager Agency ("CMA")
except for CMA 5350 ("Commitment to Fair Treatment") and CMA 5351 ("Discipline"). In place
ofCMA 5350 and 5351, are two revised versions of those policies (CMA 5350-A and 5351-A),
which are modified to comport with the streamlined management structure of the CRA.
CMA 5350-A (EXHIBIT A) is a modified version of the County Manager Agency's procedure,
which offers CRA employees an opportunity to solve problems and/or resolve disputes, which may
rise regarding the application, meaning or interpretation of the adopted CMA practices and
procedures. Under the proposed 5350-A procedure, CRA employees working under the CRA
Executive Directors may seek review regarding the application of employee personnel practices and
procedures directly to the Human Resources Director.
CMA 5351-A (EXHIBIT B) involves a one-step appeal process whereby a CRA employee may
seek review/reconsideration of the CRA Executive Director's recommended discipline directly to
the Human Resources Director. Safeguards are put in place so that the Labor & Relations Manager
assists CRA staff employees in disciplinary matters so that the Human Resources Director remains
neutral and available to hear any appeal.
Finally, all references to the "County Manager" or "county" in the CMA, where appropriate, will be
deemed to be references to the CRA Executive Directors and the CRA, respectfully. Upon
accepting employment with the CRA, all employees will be provided a copy of the CMAs with the
revised versions of CMA 5350-A and 5351-A in accordance with the method of distribution
employed by the Collier County Human Resources Department.
FISCAL IMPACT: None.
LEGAL CONSIDERATIONS: The policies recommended in this Executive Summary are legally
sufficient for CRA Board action. - SRT.
GROWTH MANAGEMENT IMPACT: The proposed procedures do not impact or conflict with
the Growth Management Plan.
r
N~1~~~1"1
Sf' !) ....'. 2nn" ,I
Py::: (:.) t:l( I~' .
RECOMMENDATION: That the CRA Board approve adoption of the Collier County CM. -....1
personnel practices and procedures, subject to the revised versions of CMA 5351-A or CMA 5350-
A, attached, as provided herein, for CRA employees as the Collier County Community
Redevelopment Agency's Employee Personnel Policy.
Prepared by: David Jackson and Penny Phillippi, CRA Executive Directors
Attachments:
(A) Proposed Commitment to Fair Treatment, CMA 5350-A
(B) Proposed Disciplinary Procedure, CMA 5351-A
r t4 ~$!P~~~~ I
J SFP n c, 7(1(1" .
Creation and adoption of an Employee Personnel Policy for Collier County comm~L 5. . f'.J
Redevelopment Agency (CRA) employees working under the supervision of the C ti_.~ o:.'j}; i
directors. -' -. ,
Prepared By:
Department
County Manager's Office
Date
8/27/20082:01 :18 PM
Approved By:
Department
Approval
Date
County Approved
Manager's Office
8/29/20086:16 PM
ATTACHMENTS:
Name:
CI Execu~.s.um.m..a!Y.-:
PerSQDD_elE.Qli~J1o.c.
[l C8!\_E'oJicy.5;)5DlI,doc
[l CRA Policy 5;)51 A,d.oJ;
Description:
Type:
Executive Summary
Executive Summary
Exhibit A . CMA 5350.A
Exhibit B. CMA 5351.A
Exhibit
Exhibit
EXHIBIT A
Chapter 5350-A
Pg SE~O ;/i~ }
COMMITMENT TO FAIR TREATMENT
[Effective Date: September 9, 2008]
~ 5350-1. Purpose.
The purpose of this Instruction is to provide for the implementation of a commitment to
fair treatment procedure authorized by the County Manager Executive Director.
~ 5350-2. Concept.
The CRA COHl'lty is committed to providing fair treatment to all employees and will
ensure each concern is handled in an efficient and equitable manner. The CRA County
has established a commitment to fair treatment practice and procedure to provide a
vehicle for employees to solve problems or resolve disputes, which may rise regarding
the application, meaning or interpretation of the CRA's County Human Resources
Administrative Practices and Procedures. The commitment to fair treatment procedure
does not apply to new employees serving their initial six-month probation, temporary
employees, employee perfomlance evaluation ratings or hiring decisions. Appeal
procedures for discharge, suspension, or disciplinary demotion for regular full-time and
regular part-time employees below the level of Department Director are stated in CMA
5351-A, Discipline, under ~ 5351-A2D, Suspension, Discharge and Disciplinary
Demotion Appeal Procedures.
~ 5350-3. Procedures.
A. The CRA COUflty encourages employees to discuss any concems with their
Supervisor and ensures that employees may do so without fear of reprisal. It is the
intent and desire of the CRA County to address complaints informally. Both
Supervisors and employees are expected to make every effort to resolve problems
as they arise.
B. +flfee One level5-0f review are ~ provided to employees who are dissatisfied with
the answer received from the Executive Director their Super-'lsor. Employees shall
first discuss the matter with the Executive Director their immediate Supervisor
within five working days of the occurrence of the incident. If dissatisfied with the
Executive Director's Super;isor's response, the employee has the option of
appealing the response as follows: at the followiRg levels.
(I) Level ORe: The employee should reduce his/her concerns to writing for
presentation to the Human Resources his/her Department Director within five
working days from the date of discussion with the Executive Director
EXHIBIT A
EXHIBIT A
I
I
~
N~G~~.D~E1M_~'
~Er;! . "I'- .
vI j ,) f,t,
f--- .
P9..-2.5:....-f IS'
0~
immediate Super.isor. Appeal fonns may be utilized by the employee to
record the details of the situation, the Executive Director's immediate
Supervisor's response and the appropriate instruction, as applicable. A copy of
the statement must be furnished by the Executive Director Dcpartment
Director to the Human Resources Director. The Human Resources
Department Director will schedule and conduct a meeting with the employee
within five working days of receipt of the appeal and will provide an answer
within five working days of the meeting. A meeting with all parties involved
is encouraged before the Human Resources Department Director. A final
decision will be rendered bv the Human Resources Director within five
working davs of the meeting unless both parties agree to a change of time.
The Human Resources Director's decision is final and no further appeals are
available through the County. The employee shall have the right to be
represented and/or accompanied by another employee during discussions with
the Human Resources Director. Because it is the intent that this be an informal
process. the employee shall not be allowed to be represented by an attomey.
If the employee is dissatisfied with the DepartmeFlt Director's answer or the answer
is not receh'ed withiFl the speeified time period, the employee may appeal the
actioFl to the DivisioFl ,^.dmiFlistrator as provided in Level 2.
(2) Level T"vo: The employee may appeal by submittiFlg the original document,
the Department Director's response aAd aAY additiolJaI eommeAts to hisiher
Dh'isioA !.dministr-ator or designee. Copies of all doeumeAts must also be
submitted to the HUrRaFl Resources Director. The appeal shall be filed witRiFl
five working days from tRe date of tRe Department Director's response. The
Division Administrator or designee ,,<,ill sehedule aAd eOAduet a meeting ';vith
the employee 'Nithin five workiAg days of receipt of tRe appeal aRd the
employee will be provided an aRs'.ver witAin five working days of the
meetiFlg. ^. meeting with all parties involved is eAcouraged before the
Division ,,\dmiAistrator or desigAee prepares his/hcr answer. Should the
employee be dissatisfied with the answer or not receive aA af1swcr within the
specified time period, :he smployee may appeal the action to the County
Manager or designee, as provided iA Leyel 3.
(3) Le'..el Three: To appeal to the County Manager's office, all previously
submitted forms and additional employee eomments must be submitted to tAe
County Manager's Office with a copy to the Human Resources Director within
five workiAg days of receipt of the DiyisioFl /.dministrator's or desigAee's
response. TAe employee may discuss Ais/Rer concerns with the County
MaAager or his/her designee, if desired. The County Manager, or his/her
designee, will sdledule and cOAduct a meeting v..ithin seven working days of
receipt of the appeal with a representative from Human Resources in
atteFldaFlce. .^. meeting with all parties involved is encouraged before the
COUFlt) Manager prepares his/her ansv,'er. ,^. fiAal decisioA will be reAdered by
tAe COUAty Manager's office within five working days of the meetiAg unless
both parties agree to a change of time. The Ceunty MaAager's decision is final
and no further appeals are available through :he COUAty. The employee shall
EXHIBIT A
~
N~_ DA ITEM '
SEP 0 s 2nO; I
(P C1f f rr
EXHIBIT A
I:' t;>- .
be af1 iFlf-ormal process, the employee sHall f10t be allowed te be represented
by an attomey.
(2) General Provisions:
(a) There will be no retaliation against an employee for utilizing this
process.
(b) Employees at Department Director level and equivalent (salary grade
#29 and above) are not eligible to use this procedure.
(c) Should the employee be dissatisfied with a decision or action of an
individual in another department, the appeals are addressed through the
chain of command in that department in accordance with this practice.
The employee should also inform his/her immediate Supervisor of the
discussions taking place with another department's chain of command.
(d) An appeal or request for a hearing that is not submitted within the time
limits as prescribed for each level where no written extension has been
granted by the due date shall be considered untimely; and, unless the
lack of timeliness results from circumstances over which the employee
has no control, untimely appeals will not be considered. An appeal not
taken to the next step within the time limits shall be considered settled
on the basis of the last answer provided by management. An appeal or
request for a hearing that is not answered within the time limits
prescribed for the appropriate management representative at each level
shall entitle the employee to appeal to the next level.
(e) The time limits prescribed herein may be extended for good and
sufficient reasons by management due to illness, vacations, business
trips, emergencies, business scheduling conflicts, or other unusual
circumstances, when deemed in the best interest of assessing all
available information to arrive at an equitable solution. If the time limits
are extended, the employee will be so advised in writing
(f) The time limits as set forth in this procedure for the processing of
complaints and responses by management shall remain the same for
employees regardless of work schedules. For the purpose of this
commitment to fair treatment procedure, the working day shall be
defined as regular business hours Monday through Friday.
(g) All records, notes, correspondence, decisions and actions pertaining to
the complaint shall be maintained in the Human Resources Department.
A copy of the final resolution of all appeals shall be furnished to the
employee and a COllY forwarded to the Human Resources Director shall
place a COpy f-or if1Gertion in the Commitment to Fair Treatment File.
(h) The Human Resources Department is responsible for administering the
EXHIBIT A
commitment to fair treatment procedure and
handled in a prompt and efficient maImer.
(I) This procedure does not provide any guarantee of a job or position with
the CRA County.
I.
'P
ensullIJ~
N~GE I ~
SEP 1\ " 'mr'~ I
I~'.i~
..1._ J 1 "fj
EXHlBlT A
(j) [t is not the CRA Cmlllty's practice to allow court reporters to
participate in this process. See also ~ 5351.A2D, Suspension, Discharge
and Disciplinary Demotion Appeal Procedures, under CMA 5351-A,
Discipline
~ 5350-4. Currency.
The Human Resources Department is responsible for maintaining the currency of this
Instruction.
~ 5350-5. Reference.
Collier County Personnel Ordinance, Ordinance No. 2001-50: Commitment to Fair
Treatment for Regular Full-Time and Part-Time Employees Below the Level of Section
Head: The County has established a Commitment to Fair Treatment policy and procedure
to provide a vehicle for employees to solve problems or resolve disputes which may arise
regarding the application, meaning or interpretation of the County's Human Resources
Practices and Procedures. The Commitment to Fair Treatment procedure does not apply
to probationary employees, temporary employees or employee performance appraisal
ratings. The County understands when people work together disagreements are likely to
occur. The County is committed to providing fair treatment to all employees and will
ensure each concem is handled in an efficient and equitable manner. It is the intent and
desire of the County to adjust complaints informally. Both Supervisors and employees
are expected to make every effort to resolve problems as they arise. It is the responsibility
of all involved parties to accept the final decision in this process.
EXHIBIT A
EXHIBIT B
I '
S~f 0 9 tODP I
o of-. (2:
I
i Pg
'='..
Chapter 5351-A
DISCIPLINE
[Effective Date: Septem bel' 9, 2008]
g 5351-1. Purpose.
The purpose of this Instruction is to provide for the implementation of a disciplinary
procedure authorized by the Executive Director County Manager.
~ 5351-2. Concept.
It is the practice of the CRA County to implement a practice of positive discipline. The
CRA Count)' believes employees are the most vital resource of the CRA County
government. Therefore, when employee behavior warrants it, the Executive Directors
SupervisorG must take positive corrective action whenever practical. These disciplinary
procedures apply only to all regular full-time and part-time employees below the level of
Executive Department Director. Department Directors, Chiefs, Division ,^.dministrators,
Count)' ,^.ttomey, Chief Deeut', .^.ssistant County ,^.!tome:,', Deputy County MaAager and
the COHf1ty MaAager reporting to the Board of COUf1ty Commissioners are exempt from
this disciJllimlfY procedure, sen'c at the will of the COUFlty aAd may be discharged or
demoted for aR)' reason. All temporary and seasonal employees and contractual staff of
the CRA County are also exempt from this disciplinary procedure. Employees in their
initial probationary period (including any extension of their initial probationary period)
do not have appeal rights under this procedure.
A. Factors In Discipline: Although internal consistency in administering discipline is
desirable, numerous factors should be considered in determining the appropriate
level of discipline to be administered. These factors include, but are not limited to:
(I) Employee's length of service.
(2) Intervals between perfonnance or behavior problems.
(3) Employee's willingness to improve overall work performance or behavior.
(4) Previous disciplinary actions.
(5) Effectiveness of prior disciplinary actions.
(6) Severity of disciplined behavior.
(7) Repetition of disciplined behavior.
B. Philosophy: Supervisors should work with employees to improve performance or
behavior and may refer employees to the Employee Assistance Program whenever
possible. Each disciplinary action, other than verbal counseling, must be ful!y
EXHTB IT B
EXHIBIT B
(No. -.-......,1"\ II eM
. --~---
f SEP 0 .., (nil} b ~
t~g- Cj .;;f- I ..
-~~_.....:;.;----
documented on a Behavior Action Plan I and submitted to the Human Resources
Department prior to implementation. Some breaches of conduct are so severe,
however, that they warrant an immediate discharge or other disciplinary action. The
following include, but are not limited to, actions that may warrant immediate
discharge: workplace violence, violations of the Code of Ethics or any applicable
ethics laws or ordinances, insubordination, theft, sexual harassment, or other severe
misconduct or unsatisfactory perfornlance or behavior.
C. Disciplinary Actions:
(1) Verbal counseling session:
(a) Supervisors should advise employees immediately whenever the
employee's attitude, work habits, or personal conduct falls below an
acceptable level.
(b) It is the responsibility of the employee's immediate Supervisor to get all
the facts, weigh the evidence and discuss any disciplinary problems with
the employee involved.
(c) The purpose of a verbal counseling session is to encourage employees to
improve their work habits, attitude, attendance, or behavior. Discussions
of this nature are commonly used when an employee disregards work
rules of a relatively minor nature. The nonnal procedure is for the
employee's immediate Supervisor to identify and define the area in need
of improvement and ask the employee what steps he/she will take to
make improvements in their behavior.
(d) A verbal counseling session serves notice that if improvement is not
forthcoming, or the misconduct reoccurs, then more formal disciplinary
action such as written counseling, suspension, or discharge may be
taken. The Supervisor should note the verbal counseling session on the
County's Supervisory Log Form and maintain this fonn in department
records. The Supervisor and the employee should initial the Supervisory
Log entry. This fonn should not be placed in the employee personnel
file in the Human Resources Depmiment, but should be retained by the
Supervisor.
(2) Written Counseling Session:
(a) In situations where verbal counseling has not resulted in the expected
improvement or when an employee exhibits further disciplinary
problems or when the employee's conduct warrants, a Behavior Action
Plan shall be issued. If misconduct is involved, the information should
include a description of the incident of misconduct and refer to times,
dates, locations, personnel involved and rules violated, if applicable.
(b) The employee's immediate Supervisor may initiate the Behavior Action
1 . Editor's Note: The Behavior Action Plan is included at the end of this CMA.
EXHlBIT B
.~
p SEP 0 S ?nOfi
'-,..[,-: J.~.~(J-f I $I
Plan in coordination with the Department DIrector and the assigned ~~=_!
Human Resources Generalist and give the form to the employee after
approval by the Labor and Employee Relations Manager or his/her
designee and Human Resources Diwctor.
EXHIBIT B
r AG"'^,n ^ .~_.. __.
(c) The employee's signature is requested on the Behavior Action Plan to
acknowledge receipt; however, the signature mayor may not indicate an
employee's agreement with the disciplinary action. If the employee
refuses to sign, it should be so indicated on the Behavior Action Plan in
the area reserved for the employee's signature. The signatures of the
Supervisor, Departmcnt Director, Labor and Employee Relations
Manager or his/her designee and Humafl Resources Director must be
included.
(d) The Behavior Action Plan, documenting the conduct and, where
appropriate, the Code of Ethics/Standards of Conduct violated and
disciplinary action taken, shall be retained in the employee 's personnel
file in the Human Resources Department.
(3) Suspension:
(a) An employee may be suspended by the employee's immediate
Supervisor, with the prior approval of the Department Director or his/her
desigAees ana upon consultation with the assigned Human Resources
Generalist. Such suspension may be without pay for reasons provided in
the Code of Ethics/Standards of Conduct or for other unacceptable
conduct. Suspension shall be in accordance with the requirements of the
Fair Labor Standards Act.
(b) In emergency situations, the immediate Supervisor may place an
employee on administrative leave with pay without the approvals and
consultation indicated above (weekends, night shift, perceived danger to
fellow employees, the public or to County property, safety concerns,
etc.). In these cases, the Supervisor should contact the Department
Direetor, the Human Resources Director aRd the Labor and Employee
Relations Manager or his/her designee as soon as possible.
(c) Suspensions shall be documented on a Behavior Action Plan, which
describes unacceptable conduct and, where appropriate, the Code of
Ethics/Standards of Conduct violated and the disciplinary action
administered. The Behavior Action Plan may be given to the employee
after approval by the Labor and Employee Relations or his/her designee
and after consultation with the County Attorney. Manager and HumaFl
Rcsou:.ccs Dir~~tDr. As above, the Behavior Action Plai1 lTIUst include
the signatures of the Supervisor and, Departmef1t Director, the Labor
and Employee Relations Manager or his/her designee and Humaf1
Resources Director. The original copy of the Behavior Action Plan shall
be retained in the employee's personnel file in the Human Resources
Department. i". Personnel }\'.ction Report (Pl\R) should be completed
EXHIBIT B
EXHIB IT B
j
(d)
SEP ...
LPg":', t 1 0 f I f)
~~~-":':..::__.
Any employee recommended for suspension shall be placed on notice of
his/her appeal rights, if any, by separate letter/memorandum from the
Human Resources Department. A copy of any available appeal rights
shall be provided with this letter/memorandum.
when a suspension occurs.
(4) Discharge/Disciplinary Demotion:
(a) Employees may be discharged or demoted for misconduct, unacceptable
job performance, job abandonment and/or violations of the Code of
Ethics/Standards of Conduct. As noted in the Code of Ethics/Standards
of Conduct, the reasons for discipline, including discharge or demotion,
outlined therein are examples and are not considered all inclusive.
Recommendations to discharge or demote regular full-time and regular
part-time employees who have completed their initial probationary
period may be made by the employee's Department DiFector Supervisor
in coordination with the assigned Human Resources Generalist, after
consultation with the Labor and Employee Relations Manager or his/her
designee and the County Attomey Human Resources Direetor.
Following this consultation, the recommendation shall be fonnalized by
completion of a Behavior Action Plan.
(b) The Behavior Action Plan should indicate a description of reasons for
the recommended discharge or demotion and indicate the Code of
Ethics/Standard of Conduct violated, if applicable, or other reasons for
the recommended discharge or demotion.
(c) The Behavior Action Plan should be signed by the immediate Supervisor
and Departmef1t Director and fOlwarded to the Labor and Employee
Relations Manager or his/her designee and the Human Resources
Director for review and approvaL following consultation with the
County Attomey, prior to communication with the employee. In extreme
cases, this approval may be obtained verbally.
(d) Employees may be placed on administrative leave with pay pending
approval of the discharge or demotion and will be entitled to a
temlination/disciplinary demotion hearing upon written request. See ~
5351-A2D(2) and (3) below.
(e) Any employee recommended for discharge or demotion shall be placed
on notice of his/her appeal rights, if any, by a letter/memorandum from
the Human Resources Department separate and apart from the BAP. A
copy of any available appeal rights shall be provided to the employee
with the letter/memorandum.
(5) Employees at the Executive De13artment Director level and above serve at the
will of the CRA Board County MaFlager af1d/or appeinting authority. These
employees are exempt from the suspension/discharge/disciplinary demotion
appeal procedures, and may be discharged/demoted for any reason.
EXHIBIT B
(6)
A ITEMH'
'SEP 'J. ....". ').0<,' ".
pg-1~ ~fYI .
. .
New hire probationary, temporary and seasonal employees and contractual
staff are not covered by thi s procedure and may be separated at any time for
any reason.
\
EXHIBIT B
When disciplinary action is taken and a Behavior Action Plan is completed, an
employee may be placed on probation for a period not to exceed three months.
When the employee meets the established goal(s), the probationary period
may be lifted. If the employee does not meet the established goal(s), further
disciplinary action may be taken, up to and including discharge.
D. Suspension, Discharge and Disciplinary Demotion Appeal Procedures: No appeal
will be allowed for any disciplinary action except for suspensions, terminations and
disciplinary demotions as outlined below. Employees will, however, be permitted to
submit statements outlining the reason(s), if any, for their disagreement with the
disciplinary action taken.
(7)
(l) Post Suspension Appeal:
(a) The employee may request a hearing within five working days of receipt
of the notice of suspension before the Human Resources Director
Divioiof1 .^.dministrator/Clrief or hisiher designee. The Supervisor, Labor
and Employee Relations Manager. Department Directer, and Human
Resources Director, and/or their respective designees, shall be in
attendance. The employee will be provided an opportunity to present
evidence that the suspension is inappropriate. The Department Director
or Irisiher designee, aJ'ld the employee's Supervisor shall present the
reasons/documents for the suspension. The Human Resources Director
Division ,^.dlRif1istrator/Clrief shall hear the facts of the matter and take
additional action, as necessary, to ensure all the facts in the matter are
determined. The Human Resources Director, or his/her designee, shall
render a decision within 10 working days of the hearing to the
employee.
(b) Upon written request by the employee at least three working days prior
to the hearing, the CRA County will allow the attendance of a
reasonable number of CRA County ernployees who have direct
knowledge of the incident under review at the hearing as witnesses for
the employee. The employee is responsible for scheduling the
appearance of his/her witnesses. The CRA County will be responsible
for the wage or salaries of all CRA County employee witnesses who
appear at the hearing at the request of the employee. A list of witnesses,
summary of testimony and other evidence, shall be provided by both
parties to the Human Resources Department at least three working days
prior to the hearing.
(c) The Diyision ^.dministFator will issue a final decisiof1 withif1 10 '.vorlcing
days to the employee.
(df) If the suspension is upheld by the Human Resources Director Diyisiof1
EXHIBIT B
I ITEM '
s~p ,') I
I ) U :'-;.'
i~-:-~l?::'
,'\dministrator or his/her designee, the Behavior Action Plan .... -
documenting the suspension shall be placed in the employee's personnel
file in the Human Resources Department. If the suspension is overturned
by the Human Resources Director Division :\dl1lif1istrator or his/her
designee, all pay, if applicable, shall be reinstated to the employee and
documentation regarding the suspension shall be placed in the
employee's personnel file.
EXHIBIT B
(2) PrePost- TenninationlPrePost-Disciplinary Demotion Hearing:
(a) A ]3f8Post-termination (discharge)/]3f8Post-disciplinary demotion
hearing, if requested in writing by the employee within five working
days of the action, will be coordinated by the Human Resources Director
or his/her designee and is iFltended to present the factual reasons for the
discharge/diseiplif1ary demotion for verification or deFlial of those facts
by the employee. The hearing can be ',':ai'/ed by the employee, in which
case the proposed disciplinary action will staAd. The Human Resources
Director will schedule the hearing within 30 days of receiving the
request for the hearing. The hearing may only be rescheduled upon
written request of either party, and must be reset within a reasonable
time. The employee's Supervisor and the Labor & Employee Relations
Manager or their respective designees, shall be in attendance. The
employee may be allowed to present witnesses and documentation and
cross-examine witnesses presented by the CRA/County. The employee
will be allowed representation bv an attomey. The employee will have a
right to examine the evidence that fonns the basis for the
discharge/disciplinarv demotion. The Supervisor or his/her designee,
with assistance and representation from the Office of the County
Attomey and the Labor and Employee Relations Manager or his/her
desiQ:nee. as appropriate or as needed. shall present the reasons for the
discharge/disciplinary demotion and will also be allowed to present
witnesses and documentation and will be allowed to cross-examine
witnesses presented by the employee. The Human Resources Director or
his/her designee shall take action to ensure all facts in the matter are
determined.
(b) The employee will receive f1otification of the hearing in wntmg a
minimHm of th:-ee business days prior to the heariFlg from the Human
Resources Director or his.iher desigf1ee. This notice will eontain the date,
time and plaee of the hearing, reasons for the discharge/diseiplif1ary
demotion and a eopy of the approved Behavior Action Plan. Failure of
the employee to attend the seheduled hearing will be eensidered a
waiver of the heariFlg and the discharge 'Nill staFld.
(c) The pre termination/pre diseiplinary demotiof1 hearif1g '""ill be
conducted by the Division ,^.dmiFlistrator or desigf1ee with assistaf1ee
from the Human Resources Department. The purpose 8ftae aearif1g is to
avoid factual mistakes relatif1g to the matter and determine ",<!'letheI' the
EXHIBIT B
ITEM....
SEP 0 ,; 2W'; I
. . .... . . : P t 't ,,+ ID
facts support the deCISIOf1 and fall wlthm gmdelmes of e)[lstmg ~".". : --'--'
The employee will not be allowed representation by an attorney.
EXHIBIT B
(d) The Division /.dministrator or designee shall make a decision within
tm-ee working days of the eDf1clusion of the hearing. The Diyisiof1
/.dministrator shall advise the cmployee and the Human Resources
Director of the decision and once a written af1swer is prepared, will
provide a copy to the cmployee, Human Resourees Director, immediate
Supervisor, and Dcpartmef1t Director.
(b) Judicial rules of procedure and evidence will not be applicable. The
COUf1t'i Manacer Human Resources Director or his/her designee shall
render his/her decision within ] 0 working days of the hearing. A court
reporter shall document this process. All witnesses providing testimony
will be put under oath.
(c) Upon written request by the employee at least three working days prior
to the hearing, the CRA CoUflty will allow the attendance of a
reasonable number of CRA COlln!)' employees at the hearing as
witnesses for the employee. The employee shall be responsible for
scheduling the appearance of his/her witnesses. The CRA Conn!)' will
be responsible for the wage or salaries of all CRA County employee
witnesses who appear at the hearing at the request of the employee. A
list of witnesses and summary of testimony and other evidence shall be
provided by both parties to the Human Resources Department at least
three working days prior to the hearing.
(d) If the discharge/disciplinary demotion is upheld by the Human
Resources Director County Manager, the Behavior Action Plan
documenting the discharge/disciplinary demotion shall be placed in the
employee's personnel file in the Human Resources Department. If the
discharge/disciplinary demotion is overtumed by the Human Resources
Director County Manager, all pay and benefits, if applicable, and
original date of hire shall be reinstated to the employee and
documentation regarding the discharge/disciplinary demotion shall be
placed in the employee's personnel file
(3) Post Tem'lif1ation/Post Disciplinary Demotion /.ppeal:
(a) Tile employee may tllef1 request a Rearing, within five working days
upon reeeipt of the Division /\dministrator's detefAlination, before the
County Manager or Ilis,iher desigf1ee. The HHIllaA Resources Director
will schedule tlole lolearif1g witloliFl 30 days of receiving the request for the
hearing. Tl'le hearing may only be rescheduled upon '>"Titten request of
either party, and must be reset witllif1 a reasof1able time. The Department
Director and Human Resourees Direetor, or their respective designees,
shall be in attendance. The employee may be allowed to present
witnesses and documentation and cross cJ:amine witnesses presented by
the County. The employcc will be allo','.cd rcpresentatiol1. by an attorney.
EXHIBIT B
1-~~7(DA)/~- ,
EXHIBIT B SE~ () i1 ?nnrr I
. . . . IPg~1
The employee Villi have a fight to examme :he e'ildence th~t f~~tifm: -_"", ,
basis for the discharge/disciplinary demotiof1. The Departll-lent Director
or his/hcr desigAee, with assistaf1ce and reprcGerltatiof1 from the Office
of the County -'\!tomey arld :he HumaFl Resources Director or his/her
designee, as appropriate or as f1eeded, shall present the reasons for the
diseHarge/discipliFlaT)' dcmotion and will also be allo"wd to present
v.itnesses aRd documentation and '",ill be allowed to cross examine
witnesses presented by the employee. The County Maflager or designee
shall take action to ensure all facts in tHe matter are determined
Judicial rules of procedure and evidef1ce will not be applicable. The
Coun:)' Manager shall Tender his/her decision within 10 working days of
the hearif1g. ,A. comi reporter shall document this precess. -,\11 '.vitnesses
providif1g testimony will be put uflder oath.
Upon written request by the employee at least th.:-ee worbng days prior
to the hearif1g, the COUf1ty will allow the attef1dance of a reasof1able
number of Comlty etl'lployees at the hearif1g as witflesses f-or the
employee. The employee shall be respoHsible for schedulif1g the
appearanee of His/her witnesses. THe COUf1ty will be responsible for the
wage or salaries of all County employee 'sitf1esses '.vho appear at the
Hearif1g at the request of the employee. /. list of witnesses and summary
of testimof1Y and other evideflce shall be provided by botH parties to the
HumaFl Resources Depaliment at least three workiFlg days prior to :he
hearing.
-'\t the option of the County Manager, a Hearing Officer may be selected
to make the fiRdings of fact. The person selected will either be the
County MaFlager's desigf1ee, an attomey ':;ho is a mcmber of the Florida
Bar Association, or an arbitrator listed with either the ,^.mericaf1
,^.rbitration ,^.ss8ciation or tl~e Federal Mediation aRd Conciliation
Service. /.11 expenses of the Hearing Offieer will be tHe respof1sibility of
the County. The Hearing Officer will prepare "''fitteR recommended
findings of faet and, if appropriate, c8Flclusions of law aFld submit them
to the Count)' Maf1ager witHin ] 0 busifless days following the close of
the hearing. THe Hearing Officer ",ill not malee any reoommefldatiofl as
to the actual resolutiofl of tHe diSCHarge. The COlillty Maflager will issue
a final decisiof1 within] 0 working days to tHe emplo;'ee.
If the aiscRarge/discipliflary demotion is upheld by tHe County Manager,
the Behfrvior ,^.ction Plan documef1tif1g the discharge/disciplinary
demotion sRall be placed in the employee's persomel file in Hle HumaA
Rcsourccs Department. If the discharge/discipliflar:,' demotion is
o'iertumed by the County Manager, all pay and bef1efits, if applicable,
and ori<>inal date of hire shall be reinstated to the employee and
"
docUl'Rentation regardif1g the discharge/diseiplinary demotion shall be
placed iFl the employee's personf1el file.
(4) General Provisions:
(b)
(c)
(d)
(e)
EXHIBIT B