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HomeMy WebLinkAbout11-09-2011 Regular Meeting\ STATE OF ALABAMA COUNTY OF BALDWIN Personnel Board met at 1 :30 p.m ., City Hall, Conference Room, )( )( 161 orth Section Street, Fairhope , Alabama 36532 , on Wednesday, 9 November 20 11. Present were: Lorenzo Howard, Chairman Members: Diane Thomas , Beeman Bond, and Wayne Griffin, Pandora Heathcoe (HR Administrator), and Lisa Hanks (City C lerk). Others in attendance: Mayor Kant, Paul Myrick, Gregg Mims , Chief Press , Assistant Chief Sanders, Mike Odom , and James Watkins . Absent: Lonnie Mixon , City Counci l Liai so n , and Jud y Hale The meeting was called to order at 1 :30 p.m. Beeman Bond announced he was resigning as the Chairman of the Committee and moved to nominate Lorenzo Howard as the new Chairman. Seconded by Diane Thomas , motion passed unanimously by voice vote. Lorenzo Howard mentioned we were here to discuss the proc edure to use in our disciplinary hearings. Paul Myrick briefl y went over the process for the pre-disciplinary hearing and then the post-d isciplinary hearin gs . The Personnel Board will listen to post- disciplinary hearings . Mr. Myrick stated we are not here to discuss any propo sed disciplines. Gregg Mims agreed and said the procedural process is to be discussed. Chief Press explained the Review Officer appointment history and now Judge Snedeker is the bepartment Rev iew Officer. However due to the Code of Alabama, Judge Snedeker cannot be the Review Officer because he is part of the Judicial Branch and the right to propose disciplin e is part of the Executive Branch of Government. Mr. Myrick stated that law enforcement have the right of due process with an impartial hearing officer which cou ld be a person or body who would listen to the ap peal for the notice of proposed discipline. Police Officers are given 10 days to appeal whereas all other employees are given one day to appeal the proposed discipline of either termination or suspension . Chief Press mentioned using Chief Deputy James Barber from the City of Mobile Police Department as the Departrnent Review Officer. He wou ld be impartial to the department. Mayor Kant suggested proposed di sc iplin e and then goes directly to the Personnel Board. Mr. Myrick stated there is a full due proces s at the pre-disciplinary hearing and the City could just get rid of the 2nd appeal by amending PGO 3.40. He said it does not say who shall appoint, but in his opinion it shou ld be concurrent authority. Personnel Board Wednesday, 9 November 20 11 Page -2- Mayor Kant suggested that he and Chief Press come up with a proposal for the City Council. Mr. Myrick replied this needs to be approved and then appoint the Department Review Officer. Mayor Kant asked Paul Myrick to assist the Personnel Board w ith the hearings. Mr. Myrick said that these bearings are not strict like co urt rules . There is not a lways legal representation for all involved. Diane Thomas requested infom1ation ahead of time . Lorenzo Howard said that some degree of structure needed to be decided. Beeman Bond commented he disagreed with getting information ahead of time and said we should go in with a clean mind with no pre-thoughts and prejudices . Mr. Myrick suggested a booklet of documentation of progressive discipline and any complaints . Several suggestions were given for procedures to follow at the hearing. Thursday, November 17, 20 11 at 9:00 a.m . will be the date of our first hearing . This wi ll be held in the Delchamps Room; witnesses may or may not be allowed to remain in the room. Lorenzo Howard stated that this was the procedure for the hearings based on a ll of today's discussions : • Pre-meeting comments • State why we are here • City gives opening statement • Accused gives opening statement • Questions of both parties • Final Comments • Board Deliberates and then gives Final Recommendation (if available at this time) Wayne Griffin moved to adjourn the meeting. Seconded b y Diane Thomas , motion passed unanimously by voice vote. There being no further business to come before the Personnel Board , the meeting was duly adjourned at 2:45 p .m.