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Section 12 Employment Actions

12.01 Notice Requirements

Any action taken by an Appointing Authority or its designee (collectively referred to as “the Employer” for purposes of this Section) that creates a right of appeal for an employee shall be done in the following manner:
  • In writing and signed by the Appointing Authority or designee;
  • The original or a copy of the action shall be served upon the employee on, before or as soon as practicable after the effective date of the action;
  • The document should, on its face, indicate the particulars that form the basis for the action; andī‚ˇ
  • The document should specifically describe the procedures required for the employee to exercise their appellate rights.

The notice document shall be “served upon the employee” when:
  • It is personally served upon the employee;
  • It is sent to the employee’s County e-mail address, except in the case of removal;
  • It is received by the employee at the employee’s last known address, by certified mail, return receipt requested; or
  • It is left at the usual place of residence, or last known address of the affected employee, with an adult residing therein.

If the service by certified mail under this Rule is returned with an endorsement showing the service was refused or unclaimed, then the notice shall be sent by regular U.S. mail, evidenced by a certificate of mailing (or employee affidavit). Such notice shall be deemed “served” on the third calendar day after the order is mailed.

An action will not be disaffirmed based upon failure of service where the employee has failed to notify the Employer of a change of address. The burden is on the employee to prove the Employer was notified of a change in the employee’s address.

12.02 Laches

Employees shall not be disciplined for acts that have been known or should have been known to the Employer more than two years prior to the effective date of the disciplinary action.

This rule does not bar discipline based upon a criminal conviction, less than two years old, although the incidents giving rise to such conviction occurred more than two years prior to the imposition of discipline.

12.03 Merger and Bar

All incidents that occurred prior to the incident for which a non-oral disciplinary action is being imposed, of which the Employer has knowledge and for which an employee could be disciplined, are merged into the non-oral discipline imposed by the Appointing Authority. Incidents occurring after the incident for which a non-oral disciplinary action is being imposed, but prior to the issuance of the non-oral disciplinary order, are not merged and may form the basis for subsequent discipline.

12.04 Inquiries

In furtherance of the Commission’s Charter mandated duty to ensure compliance with federal, state, and local employment laws, the Commission may conduct an inquiry when, upon receipt of a written complaint or on its own motion, it has reason to believe that an individual is abusing the power of appointment, layoff, removal, reduction, suspension, or otherwise violating laws, rules, or ordinances that the Commission is charged with enforcing.

Inquiries shall be conducted by an exchange of correspondence, interviews, and/or requests for documents and information. Unless a party can show good cause for its failure to respond to the Commission, decisions will be based on the information received within the response time allowed by the Commission. In the Commission’s discretion, investigations may be set for hearing. Upon completion of the Inquiry, the Commission shall provide County Council with a report of its findings.

The inquiries shall not be quasi-judicial and shall not result in a final order that creates a right of administrative appeal to the Commission.

[Reference Section 303.06 of the County Code]