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File #: 2022-0042   
Type: Consent Calendar Item Status: Passed
File created: 1/6/2022 In control: Human Resources
On agenda: 1/25/2022 Final action: 1/25/2022
Title: Appointing a Hearing Officer in the matter of an appeal of disciplinary action.
Department or Agency Name(s): Human Resources
Attachments: 1. Summary Report

To: The Board of Commissioners of the Sonoma County Community Development Commission

Department or Agency Name(s): Sonoma County Human Resources Department, Sonoma County Community Development Commission

Staff Name and Phone Number: Carol Allen, (707) 565-2549

Vote Requirement: 4/5th

Supervisorial District(s): Countywide

 

Title:

Title

Appointing a Hearing Officer in the matter of an appeal of disciplinary action.

End

 

Recommended Action:

Recommended action

Delegate authority for the Human Resources Director or designee to appoint a hearing officer in the matter of appeal of disciplinary action. (4/5th Vote Required)

end

 

Executive Summary:

The current Memorandum of Understanding (MOU) with SEIU 1021, authorizes SEIU represented employees of the Commission to appeal specified disciplinary actions to the Community Development Commission Board of Commissioners.  As employees of the Community Development Commission are not classified under the County’s Civil Service System, the MOU gives the Board the choice to hear the appeal itself, or assign it to a hearing officer.  If heard by a hearing officer, the decision is final.  On January 5, an employee filed an appeal of disciplinary action related to that employee’s dismissal.

 

Human Resources requests approval for the delegation of authority to the Human Resources Director or designee to appoint a hearing officer in the matter of an appeal of disciplinary action.

 

Discussion:

On January 4, 2022, the Interim Executive Director of the Sonoma County Community Development Commission issued an order of dismissal to one of its employees who is represented by SEIU.  On January 5, 2022, the employee filed a timely appeal of this disciplinary action. 

 

The current Memorandum of Understanding (MOU) with SEIU 1021, authorizes SEIU represented employees of the Commission to appeal certain disciplinary actions to the Community Development Commission Board of Commissioners.  As employees of the Community Development Commission are not classified under the County’s Civil Service System, the MOU gives the Board of Commissioners the choice to hear the appeal or assign it to a hearing officer.  If heard by a hearing officer, the decision is final. 

 

Under the MOU, the matter must be placed on the agenda of the Board of Commissioners within 30 days of receipt of a petition to set a hearing date, or decide to appoint a hearing officer.

 

Staff request the Board approve delegating authority to the Human Resources Director or designee to appoint a hearing officer to hear the appeal.  Alternatively, the Board of Commissioners may set a hearing date for a future Board meeting and hear the appeal themselves.

 

Strategic Plan:

N/A

 

Prior Board Actions:

None

 

Fiscal Summary

 Expenditures

FY 21-22 Adopted

FY22-23 Projected

FY 23-24 Projected

Budgeted Expenses

$3,000

 

 

Additional Appropriation Requested

 

 

 

Total Expenditures

 

 

 

Funding Sources

 

 

 

General Fund/WA GF

 

 

 

State/Federal

 

 

 

Fees/Other

$3,000

 

 

Use of Fund Balance

 

 

 

Contingencies

 

 

 

Total Sources

$3,000

 

 

 

Narrative Explanation of Fiscal Impacts:

According to the current SEIU Memorandum of Understanding (MOU), Article 6.12(h), the costs of a hearing officer shall be shared by the parties.  The total cost is estimated by County Counsel to be $6,000. No new appropriations are requested; the department has sufficient funding to absorb the estimated cost of the hearing officer.

 

Staffing Impacts:

 

 

 

Position Title (Payroll Classification)

Monthly Salary Range (A-I Step)

Additions (Number)

Deletions (Number)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Narrative Explanation of Staffing Impacts (If Required):

N/A

 

Attachments:

None

 

Related Items “On File” with the Clerk of the Board:

N/A