PREDETERMINATION HEARING (HR2402) 2023-06-28.PDF
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MARICOPA COUNTY INTERNAL POLICY Policy Title: PREDETERMINATION HEARING Policy Number: HR2402 Current Adoption Date: 06-28-2023 Current Implementation Date: 06-28-2023 Approved by: BOARD OF SUPERVISORS Board Agenda Number: C-31-18-035-6-01 Original Adoption Date: July 1998 I. PURPOSE To outline the minimum steps required before suspending, demoting, or dismissing a classified employee. II. AUTHORITY This Policy is authorized by the Board of Supervisors pursuant to A.R.S.§11-251. III. APPLICATION This Policy applies to classified employees who pass initial probation under the Employee Merit System in all appointed departments, the Flood Control District of Maricopa County, and the Maricopa County Library District (Special Districts). The Board of Supervisors is authorized to jointly adopt policies applying to the Special Districts under the Intergovernmental Agreement, C-06-18-393-6-00, approved on April 11, 2018. Does not apply to classified employees covered by the Law Enforcement Officer Merit System. An elected office may follow this Policy for its employees when it does not have a similar policy. This Policy is considered in context with the provisions of the Employee Discipline Policy – HR2401 and the Performance Management Policy – HR2431 for due process afforded to classified employees. This Policy must be used prior to any release of a classified employee for inability to perform due to medical reasons after following the ADA/ADAAA Reasonable Accommodation for Applicants and Employees Policy – HR2429. IV. DEFINITIONS A. Appointing Authority: An elected official, single executive head of a department, or the designated representative authorized to act in this capacity. B. Classified Employee: Employees covered by the Employee Merit System. C. HR Director: The Maricopa County Human Resources Director or designee. D. Initial Probation: A specified period following the employment of classified employees during which their work performance is evaluated and where they may be released for or without cause. E. Predetermination Hearing: An opportunity for a classified employee to present information and explain the reasons against a proposed action before the Appointing Authority makes a final decision. V. POLICY A. Prior to finalizing a suspension, demotion, or dismissal, the Appointing Authority or designee must conduct a predetermination hearing where classified employees can respond to the allegations. B. Notification Policy Title: PREDETERMINATION HEARING Policy Number: HR2402 Current Adoption Date: 06-28-2023 Page 2 of 2 1. Appointing Authorities must provide a written predetermination hearing notification with the following: a) Proposed action. b) Alleged Merit Rules, County/department policies, or procedures that were violated. c) Reason for the action. d) Hearing place and time (no less than three business days after the notification delivery date). e) Statement of the employee’s opportunity to respond verbally, in writing, or both. 2. Upon receipt of the predetermination hearing notice, the classified employee may request access to any known written materials, reports, or documents upon which the action is based. Documents will be redacted within compliance with public records request laws. C. Predetermination Hearing 1. Employees may: a) Waive their rights to the hearing before the scheduled date. It must be in writing. b) Submit a written response in lieu of appearing at the hearing. c) Appear and provide a written or verbal response. 2. The Appointing Authority should not announce the final decision at the hearing. D. Final Decision 1. After the hearing, the Appointing Authority issues a letter implementing, decreasing, or abandoning the proposed action. If the decision is to increase the proposed action, a new predetermination hearing must be held including issuing a new notice of the proposed action. 2. If the proposed action is implemented, a copy of the predetermination hearing notice and the final action notice is sent to Human Resources. E. Classified employees who should be removed from the workplace pending a predetermination hearing or final determination may be placed on administrative leave with pay. Revision History Version Revision Date Description of Revision 1 July 1998 Initial version; Approved by County Manager 2 09/20/2005 Amended version; Approved by County Manager 3 03/21/2018 Updated language, aligned it with HR2401 (Employee Discipline) regarding disciplinary alternatives, and aligned it with HR2431 (Performance Management). (C-31-18-035-6-00) 4 06/28/2023 Simplified language and removed reference to LEO Merit System. (C-31-18-035-6-01)