PREDETERMINATION HEARING (HR2402) 2023-06-28 REDLINED.PDF
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MARICOPA COUNTY INTERNAL POLICY Policy Title: PREDETERMINATION HEARING Policy Number: HR2402 Current Adoption Date: 063-2821-201823 Current Implementation Date: 063-2821-201823 Approved by: BOARD OF SUPERVISORS Board Agenda Number: C-31-18-035-6-001 Original Adoption Date: July 1998 I. PURPOSE Tohis Policy outlines the minimum steps requiredthat must be used prior tobefore any action of suspendingsion, demotingion, or dismissaling of a Cclassified eEmployee.Classified Employees under the Employee Merit System or the Law Enforcement Officers’ Merit System are afforded certain due process rights prior to a suspension, demotion, or dismissal. Law Enforcement Officers also have additional protections defined in state law, which are not expressly addressed in full by this Policy. This Policy outlines the minimum steps that must be used prior to any action of suspension, demotion or dismissal of a Classified Employee. II. AUTHORITY This Policy is authorized by the Board of Supervisors pursuant to A.R.S.§11-251. II.III. APPLICATION This Policy applies to Cclassified Eemployees who pass initial probation under the Employee Merit System inof all appointed departments, the Flood Control District of Maricopa County, and the Maricopa County Library District (Special Districts) and the Stadium District. 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 shall also apply to Classified Employees of County Elected Officials, unless the County Elected Official has adopted a specific policy or procedure applicable to his/her Office and employees that affords greater protections. 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. III.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. Central Human Resources: The Maricopa County Human Resources Department. C.B. Classified Employee: Employees covered by the Employee Merit System or the Law Enforcement Officers’ Merit System. D. Department Human Resources: A department’s assigned, internal human resources office. If there is no departmental human resources office, the reference is to the department’s assigned HR Liaison. Policy Title: PREDETERMINATION HEARING Policy Number: HR2402 Current Adoption Date: 063-2821-201823 Page 2 of 4 E.C. Human Resources Director: The Maricopa County Human Resources Director or designee. F.D. Initial Probation: A specified period of time following the employment of an employee in a budgeted position during which the work performance of the employefollowing the employment of classified employees during which their work performance is evaluated and where they . An employee may be released from Initial Probation for or without cause. G.E. Predetermination Hearing: An opportunity for a Cclassified Eemployee to present information and/or an explanation ofexplain the reasons against a proposed action (e.g. suspension, demotion, dismissal) before the Appointing Authority makes a final decision. IV. V. VI. AUTHORITY AND RESPONSIBILITIES VII. The Human Resources Department is responsible for administering this Policy. Appointing Authorities and supervisors are required to understand the provisions of this Policy and refer any questions to Department Human Resources or Central Human Resources. VIII.V. POLICY A. This Policy applies only to suspensions, demotions and dismissals of Classified Employees who have successfully completed Initial Probation. B. The provisions of this Policy shall be considered in context with the provisions of and HR2431 as it relates to due process afforded to Classified Employees. In addition, this Policy shall be used prior to any release of a Classified Employee for inability to perform due to medical reasons after following the provisions of HR2429 . C. Prior to finalizing a suspension, demotion, or dismissal, the Appointing Authority or designee must conduct a predetermination hearing where Classified Employees must receive preliminary written notice of the proposed action (e.g. suspension, demotion or dismissal), giving the specific grounds and the particular facts upon which the action will be based, along with a time/date for a Predetermination Hearing. D. Upon receipt of the Predetermination Hearing notice, the Classified Employee may request and will be provided access to any known written materials, reports or documents upon which the action is based. A. The Cclassified Eemployees canmust be afforded an opportunity to respond to the allegations prior to any final action being taken. The employee may choose to respond verbally, in writing, or both, or the employee may waive the right to respond. Any waiver in advance of the scheduled Predetermination Hearing must be made in writing. B. Notification 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. 1.2. 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 Policy Title: PREDETERMINATION HEARING Policy Number: HR2402 Current Adoption Date: 063-2821-201823 Page 3 of 4 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.Classified Employees who are exempt under the Fair Labor Standards Act (FLSA) may be subject to suspensions of no less than one workday for infractions of workplace conduct rules. Prior to any suspension of a Classified Employee for less than one full workweek, the HR Director shall consult with legal counsel to ensure compliance with federal law. NOTE: All employees covered by County policy HR 2401 Employee Discipline, cannot be suspended for less than a full workweek and only in full workweek increments. F. If it is determined that the Classified Employee should be removed from the workplace pending the Predetermination Hearing or final determination, the employee may be placed on administrative leave with pay. G. NOTIFICATION OF PREDETERMINATION HEARING H. When an Appointing Authority has determined it is necessary to impose a suspension, demotion or dismissal, notification regarding the Predetermination Hearing must be provided to the Classified Employee, in writing, and shall contain the following details: I. The proposed action; J. The Merit Rules, County and Department policies and procedures that the employee is alleged to have violated; K. The specific reason for such action, including the acts or omissions on which the proposed action is based; L. A time (no less than three business days following the date of personal delivery or certified mailing of notice) and place for such response to be presented; and M. A statement of the employee’s opportunity to respond, either verbally, in writing or both. N. The notice should be hand-delivered if the employee is in the workplace. If the employee is not in the workplace, the Appointing Authority may either coordinate with Security Services to have the notice hand- delivered to the employee’s last known home address on file with Central Human Resources, or mail the notice. If mailed, the notice shall be sent via certified mail, return receipt requested, and via regular mail. The department shall retain copies of the notification letter. O. P.E. PREDETERMINATION HEARINGAfter considering the input provided by the employee, the Appointing Authority will issue the appropriate letter implementing, decreasing or abandoning the proposed action; however, if the decision is made to increase the proposed action (i.e. suspension to dismissal), a new Predetermination Hearing shall be held including issuing a new notice of the proposed action.If the Appointing Authority proceeds with implementing the proposed action, a copy of the Predetermination Hearing Notice and the Final Action Notice shall be attached to the Personnel Action Form (PAF) and forwarded to the Central Human Resources Department. Policy Title: PREDETERMINATION HEARING Policy Number: HR2402 Current Adoption Date: 063-2821-201823 Page 4 of 4 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) 1. Q. Prior to making a final determination on proposed discipline, the Appointing Authority or designee responsible for deciding the discipline shall conduct the Predetermination Hearing. An employee may make a written waiver of his/her right to the hearing in advance of the scheduled date, may submit a written response in lieu of appearing at the scheduled date and time, or may appear and provide a written or verbal response. The Appointing Authority or designee should not make any announcement of the final decision at the time of the hearing. R. After considering the input provided by the employee, the Appointing Authority will issue the appropriate letter implementing, decreasing or abandoning the proposed action; however, if the decision is made to increase the proposed action (i.e. suspension to dismissal), a new Predetermination Hearing shall be held including issuing a new notice of the proposed action. S. If the Appointing Authority proceeds with implementing the proposed action, a copy of the Predetermination Hearing Notice and the Final Action Notice shall be attached to the Personnel Action Form (PAF) and forwarded to the Central Human Resources Department.