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HomeMy WebLinkAbout11-09-2011 Regular MinutesCommittee: Date & Time: Place: Subject: Public Meeting Notice Fairhope Personnel Board Wednesday, November 9, 2011 at 1:30 p.m. City Hall Conference Room 161 North Section Street Develop Outline for the Board to be used in any Future Disciplinary Hearings Notice must be stamped, dated and initialed before posted on bulletin board. STATE OF ALABAMA COUNTY OF BALDWIN Personnel Board met at I :30 p.m., City Hall, Conference Room, )( )( 161 North Section Street, Fairhope, Alabama 36532, on Wednesday, 9 November 2011. Present were: Lorenzo Howard , Chairman Members : Diane Thomas, Beeman Bond, and Wayne Griffin, Pandora Heathcoe (HR Administrator), and Lisa Hanks (City Clerk). Others in attendance: Mayor Kant , Paul Myrick, Gregg Mims, Chief Press, Assistant Chief Sanders, Mike Odom, and James Watkins. Absent: Lonnie Mixon, City Council Liaison, and Judy Hale The meeting was called to order at I :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 procedure to use in our disciplinary hearings. Paul Myrick briefly went over the process for the pre-disciplinary hearing and then the post-disciplinary hearings . The Personnel Board will listen to post- disciplinary hearings . Mr. Myrick stated we are not here to discuss any proposed 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 Department Review 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 discipline 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 could be a person or body who would listen to the appeal for the notice of proposed discipline. Police Officers are given IO 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 Department Review Officer . He would be impartial to the department. Mayor Kant suggested proposed discipline and then goes directly to the Personnel Board . Mr. Myrick stated there is a full due process 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 should be concurrent authority . Personnel Board Wednesday, 9 November 2011 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 Re view Officer. Mayor Kant asked Paul Myrick to assist the Personnel Board with the hearings . Mr . Myrick said that these hearings are not strict like rnurt rules. There is not always 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 , 2011 at 9:00 a.m . will be the date of our first hearing . This will 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 all 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 Deliberate s and then gives Final Recommendation (if available at this time) Wayne Griffin moved to adjourn the meeting. Seconded by 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 .