2018 - 2019 SEIUMemorandum of Understanding: Article 6: Employee Rights

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What’s on this Page

• 6.0 Right to SEIU Representation in Investigative or Disciplinary Interviews (Weingarten)
• 6.1 Personnel File – Employee Rights
  
  • 6.1.1 Personnel File – Inspection of
  • 6.1.2 Personnel Records that Cannot Be Reviewed
  • 6.1.3 Personnel File – Consent for Union Representative to Review
• 6.2 Personnel File – Review of Adverse Comments before Entry In
• 6.3 Personnel File – Copy of
• 6.4 Performance Evaluation – County Rights
• 6.5 Performance Evaluations – Review of
  
  • 6.5.1 Performance Evaluation – Request for Department Head Review
  • 6.5.2 Performance Evaluation – Request for Mediation
  • 6.5.3 Performance Evaluation – Mediation
• 6.6 Conflict of Interest/Incompatible Activities
  
  • 6.6.1 Conflict of Interest – Political Reform Act
  • 6.6.2 Incompatible Activities / Outside Employment
  • 6.6.3 Conflicting Interest – Employee Relationships
• 6.7 Discrimination Prohibited – EEO
• 6.8 Discrimination Prohibited – Union Activity
• 6.9 Discipline (SCF&E, Inc.) – Notice and Hearing
  
  • 6.9.1 Discipline (SCF&E, Inc.) – Termination at Will
  • 6.9.2 Discipline (SCF&E, Inc.) – Written Notice of
  • 6.9.3 Discipline (SCF&E, Inc.) – Appeal Manager’s Decision
  • 6.9.4 Discipline (SCF&E, Inc.) – Appeal Hearing Dates
  • 6.9.5 Discipline (SCF&E, Inc.) – Personnel Committee – Order of Hearing
  • 6.9.6 Discipline (SCF&E, Inc.) – Right to Closed Session
  • 6.9.7 Discipline (SCF&E, Inc.) – Continued Employment
  • 6.9.8 Discipline (SCF&E, Inc.) – Continued Employment
• 6.10 Discipline (Water Agency) – Notice and Hearing
  
  • 6.10.1 Discipline (Water Agency) – Disciplinary Action
  • 6.10.2 Discipline (Water Agency) – Definitions Full-Time/Part-Time Employee
  • 6.10.3 Discipline (Water Agency) – Other Than Full/Part-Time Employee
  • 6.10.4 Discipline (Water Agency) – Discipline Process
• 6.11 Reassignment – Employee Rights Upon
• 6.12 Discipline (Community Development Commission) – Notice and Hearing
  
  • 6.12.1 Discipline (Community Development Commission) – Disciplinary Action
  • 6.12.2 Discipline (Community Development Commission) – Definitions Full-Time/Part-Time Employee
  • 6.12.3 Discipline (Community Development Commission) – Other than Full/Part-Time Employee
  • 6.12.4 Discipline (Community Development Commission) – Discipline Process
• 6.13 Discipline (SCAPOSD) – Notice and Hearing
  
  • 6.13.1 Discipline (SCAPOSD) – Disciplinary Action
  • 6.13.2 Discipline (SCAPOSD) – Definitions Full-Time/Part-Time Employee
  • 6.13.3 Discipline (SCAPOSD) – Other Than Full/Part-Time Employee
  • 6.13.4 Discipline (SCAPOSD) – Discipline Process

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Read Next: Article 7: Schedules, Hours, and Overtime

Upon the request of the effected employee, the County shall permit an SEIU representative to attend an investigative interview or disciplinary interview. The employee’s right to representation includes situations where the employee reasonably believes that the meeting may result in discipline to the employee. The employee’s right to representation shall not include a meeting at which the County hands the employee a letter or merely informs the employee about previously determined discipline. The employee’s right to representation does not apply to non-disciplinary matters. The employee shall not be entitled to reschedule the County meeting because a specific SEIU representative is unavailable. The County may proceed with the meeting as long as another SEIU representative is available at the time scheduled for the investigatory or disciplinary meeting.

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6.1.1 Personnel File – Inspection of

1. County and Union agree that the official personnel records are not subject to public inspection except in accordance with law. Except as restricted by law or provided below, employees shall have the right to inspect and review their official personnel record (relating to their performance as an employee which is kept or maintained by the County). Information, records, and materials separately kept by the employee’s supervisor are not part of the official personnel file and have no official standing by themselves in disciplinary actions. Supervisory notes and informal correspondence are not to be entered into the employee’s official personnel file until they have been seen and signed by the employee or witnessed that the employee has been given a copy for review. Supervisory notes and informal correspondence that are not placed into the employee’s official personnel file shall be destroyed upon completion of the regularly scheduled evaluation or three (3) years from the date the supervisory notes and informal correspondence were prepared, whichever date comes first.
2. The County shall provide an opportunity for the employee to respond in writing to any information placed in their official personnel record about which the employee disagrees. An employee shall have thirty (30) calendar days, exclusive of previously scheduled leave, from the receipt of the notification (notification shall contain a copy of the documents to be entered) to submit their response. The response shall become a permanent part of the employee’s official personnel record. The response shall fully describe the circumstances surrounding the issue(s) with which the employee disagrees and it shall include a statement of facts, supportive documentation, and/or witnesses.  The employee shall be responsible for providing the written response to be included as part of the employee’s permanent personnel record.
3. The contents of employee personnel records shall be made available to the employee for inspection and review at reasonable intervals during the regular business hours of the County.

6.1.2 Personnel Records that Cannot be Reviewed

Notwithstanding any other provisions of this Section (6.1), County and Union agree that an employee is not entitled to inspect, review, or copy such documents as reference letters, background investigations, and records pertaining to investigation of a possible criminal offense.

6.1.3 Personnel File – Consent For Union Representative To Review

Should an employee wish to have a Union representative review the employee’s own personnel records, the employee will provide the Union representative with a signed letter indicating the employee’s consent to have the employee’s records reviewed. The Union representative shall present said consent letter to the employee’s appointing authority, or designated representative, prior to reviewing the employee’s records. The appointing authority shall keep the official personnel records of all employees within the department.

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No employee shall have any comment adverse to the employee’s interest entered in the employee’s official personnel records file which may be used for disciplinary action without the employee having first read and signed, or initialed the document containing the adverse comment. Except that such entry may be made if after reading the document, the employee refuses to sign or initial it. (The employee shall have 30 calendar days from receipt to file a response.) Should an employee refuse to sign or initial the document, that fact shall be noted on the document and signed or initialed by the supervisor. In the event an employee is not available due to resignation, termination, or leave of absence longer than 30 days, to read and sign or initial the document, a copy of the document with a notation stating “c: Personnel file” will be mailed to the employee’s last known address. For purposes of this Section, “adverse” shall refer to comments critical of any aspect of the employee’s performance of job duties.

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All personnel records are and remain the property of the County. At the employee’s request, the employee shall be provided one copy of any document placed in the employee’s file. An employee must specify the documents that are requested for copying and shall pay the standard County copying fee.

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The County reserves the right to determine the method, the means, and the timing or necessity for employee performance evaluations, subject only to the following provisions. An employee shall be formally evaluated at least annually by the employee’s immediate supervisor. However, an employee who is at Step I of the salary range may, at the discretion of the supervisor, be formally evaluated at least bi-annually. Evaluation factors shall be job-related. Performance deficiencies, if any, and necessary corrective actions will be documented in formal evaluations. Evaluations shall include space for employee comments.

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6.5.1 Performance Evaluation – Request For Department Head Review

Performance evaluations of only full-time and part-time regular employees which do not recommend a merit increase for which they would otherwise be eligible or which have an overall rating of unsatisfactory shall be reviewed by the Department Head at the employee’s request.

After review, if the merit increase is not approved or the overall rating remains unsatisfactory, the employee may request mediation.

6.5.2 Performance Evaluation – Request For Mediation

The employee’s request for mediation must be presented to the Human Resources Department within 10 calendar days of the receipt by the employee of the decision of the employee’s department head. The State Mediation Conciliation Service shall provide the first mediator available. During the review or mediation process, the employee may be assisted by a representative of the employee’s choice.

6.5.3 Performance Evaluation – Mediation

The mediator must mediate the dispute within 45 calendar days of the Human Resources Department’s receipt of the employee’s request providing a mediator is available. Any extension of time must be in writing by mutual agreement.

This Section (6.5) is not grievable nor arbitrable under any existing County procedures or this memorandum.

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6.6.1 Conflict Of Interest – Political Reform Act

Each bargaining unit employee who is affected shall be furnished with a copy of the Conflict of Interest Code adopted for the department in which the employee serves. The County Clerk or designee shall maintain forms for statements required of bargaining unit employees by the conflict of interest provisions of the Political Reform Act of 1974, and Conflict Interest Codes adopted thereunder. Executed forms shall be filed with the employee’s department

6.6.2 Incompatible Activities / Outside Employment

The County requires all departments to adopt incompatible activities policies in compliance with State law. (Refer to Section 4.7, commencing with Section 1125 of Chapter 1 of Division 4 of Title I of the California Government Code.) Department Heads shall determine which specific activities are incompatible subject to approval by the Board of Supervisors. Any changes to an existing incompatible activities policy are subject to meet and confer. Employees who violate the department policy are subject to disciplinary action, up to and including termination.

All department incompatible activities policies shall include notice and appeal procedures, as well as the following prohibitions: employment for compensation which is in conflict with the employee’s County duties; outside employment involving the use of County time, facilities, equipment or supplies; compensation for work which an employee would ordinarily be required to perform in the course of County duties; performance of work that will later be subject to the control, inspection, or enforcement of another employee in the County; outside employment for which time demands render performance of County duties less efficient.

An employee who is unclear or needs more information regarding proposed or current outside employment shall immediately contact his/her supervisor or department head for review and further direction.

6.6.3 Conflicting Interest – Employee Relationships

The parties agree that conflicts of interest may arise in the following situations:

1. Employees who have influence over the conditions of employment of a relative.
2. Employees who have a romantic, sexual, or financial relationship with a subordinate or others over whom they have influence over conditions of employment.
3. Employees who have a romantic, sexual, or financial relationship with a co-worker over whom they have influence over conditions of employment

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Provisions of this Memorandum shall be equally applied to all employees in the bargaining units without unlawful discrimination as to age, sex, race, color, creed, national origin, physical or mental disability, medical condition, or political affiliation. The parties agree that the prohibition against sexual discrimination includes sexual harassment. The County and the Union shall equally share the responsibility of the application of this provision. An employee alleging unlawful discrimination may utilize the County’s Equal Employment Opportunity Discrimination Complaint Procedure, but may not use the Grievance Procedure of this Memorandum.

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Provisions of this Memorandum shall be equally applied to all employees in the bargaining units without discrimination based on Union activity. Except as otherwise provided in this Memorandum, disputes under this Section (6.8) shall be subject to Article 21 (Grievance Procedure).

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6.9.1 Discipline (SCF&E, Inc.) – Termination At Will

All employees who work at the Sonoma County Fair may be terminated at will.   However, all employees who have worked at the Sonoma County Fair in an allocated position for at least 1,040 hours shall be entitled to the notice and hearing provisions of this Article.

6.9.2 Discipline (SCF&E, Inc.) – Written Notice of

If the Fair Manager of the Sonoma County Fair proposes to suspend, involuntarily demote, or dismiss an employee as defined in Subsection 6.9.1, he or she shall provide the employee with written notice of the reason or reasons and materials upon which the proposed action is based prior to taking any final action. The employee may waive the right to respond. Responses may be oral or written and shall be communicated to the Fair Manager within three (3) working days following the date of service of notice. If no response or request for extension of time to respond is received by the Fair Manager within such three (3) working days, the right to respond will be deemed waived. The Fair Manager may place the affected employee on leave of absence with pay during the three (3) working day response period. Upon receipt of employee’s written request within such three (3) working days, showing good cause therefore, the Fair Manager may extend the time for response for a reasonable period not to exceed ten (10) calendar days from the time of service of the notice on condition that the employee designate in writing that the time extension shall be charged to earned vacation leave, compensatory time credits, or leave of absence without pay. The Fair Manager shall consider the response, if any, in determining the propriety of the proposed discipline.

6.9.3 Discipline (SCF&E, Inc.) – Appeal Manager's Decision

If the Fair Manager determines to suspend, involuntarily demote, or dismiss the employee, the order of the Fair Manager shall be in writing and shall state specifically the reason for the action. The employee may appeal a decision of the Fair Manager by filing a petition for hearing with the Personnel Committee of the Sonoma County Fair within ten working days of receipt of the order. The petition shall state whether the employee requests an open or closed hearing.

6.9.4 Discipline (SCF&E, Inc.) – Appeal Hearing Dates

Within thirty (30) working days of receipt of a petition, the matter shall be placed on the agenda of the Personnel Committee for purposes of setting a hearing date.

6.9.5 Discipline (SCF&E, Inc.) – Personnel Committee – Order of Hearing

At a hearing before the Personnel Committee, the Fair Manager  or his or her representative, shall first explain the reasons for the decision to suspend, involuntarily demote, or dismiss the employee. Following the Fair Manager’s presentation, the employee or his or her representative shall have the right to ask questions of the Fair Manager or any other persons who have presented information on behalf of the Fair Manager. The employee, or his or her representative, shall then be allowed to state his or her reasons why he or she should not be subject to such action by the Fair Manager. The Fair Manager, or his or her representative, may ask questions of the employee or any other persons who present information on behalf of the employee. Thereafter, both the Fair Manager and the employee may present such additional information to the Personnel Committee that is intended to rebut the statements presented earlier by the opposing side. The hearing need not be conducted according to technical rules of evidence. The decision of the Personnel Committee shall be final.

6.9.6 Discipline (SCF&E, Inc.) – Right to Closed Session

Any decision made by the Personnel Committee pursuant to this Article is a personnel matter, and the committee may hear and consider the matter in closed session.

6.9.7 Discipline (SCF&E, Inc.) – Continued Employment

For an employee who works at the Sonoma County Fair, this Article shall not be construed to create any right to continued employment that would give rise to procedural requirements beyond those specifically described herein.

6.9.8 Discipline (SCF&E, Inc.) – Continued Employment

This Section (6.9) is not subject to grievance or arbitration under the procedures in this Memorandum or any other procedure or policy of the County. 

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6.10.1 Discipline (Water Agency) – Disciplinary Action

The General Manager may take disciplinary action against any employee

6.10.2 Discipline (Water Agency) – Definitions Full-time / Part-Time Employee

For purposes of this Section (6.10), full-time employee means a full- time employee as defined in this Memorandum who has completed six (6) months of satisfactory full-time service (1,040 hours) in an allocated position. For purposes of this Section (6.10), a part-time employee means a part-time employee defined in this Memorandum who, in addition has completed 1,040 hours of satisfactory service in an allocated position.

6.10.3 Discipline (Water Agency) – Other than Full / Part-Time Employee

All employees of the Water Agency, other than full-time or part- time employees as defined in Subsection 6.10.2, serve at the pleasure of the General Manager.

6.10.4 Discipline (Water Agency) – Discipline Process

The General Manager may dismiss, suspend, or involuntarily demote a full-time or part-time employee only for cause.

1. If the General Manager proposes to dismiss, suspend, or involuntarily demote a full-time or part-time employee, he/she shall provide the employee with written notice of the charge, or charges and materials upon which the proposed action is based, prior to any final disciplinary action being taken. The employee may waive the right to respond. If made, responses may be oral or written and shall be communicated to the General Manager within three (3) working days following the date notice is served. If no response, or request for extension of time to respond, is received by the General Manager within such three (3) days, the right to respond will be deemed waived. The General Manager may place the affected employee on leave of absence with pay during the three- day response period. Upon receipt of employee’s written request within such three (3) days showing good cause therefore, the General Manager may extend the time for response for a reasonable period which shall not exceed ten (10) days from the time of service of the notice. The General Manager shall consider the response, if any, of the employee in determining the propriety and nature of disciplinary action.
2. If the General Manager determines to dismiss, suspend, or involuntarily demote a full-time or part-time employee, the order of the General Manager shall be in writing and shall state specifically the reason for the action. The employee may appeal a decision of the General Manager to dismiss, suspend, or involuntarily demote the employee by filing a petition for hearing with the Board of Directors within ten (10) working days of receipt of the order. The petition shall state whether the employee requests an open or closed hearing.
3. Within thirty (30) days of receipt of a petition, the matter shall be placed on the agenda of the Board of Directors for purposes of setting a hearing date.
4. The Board of Directors may, in its discretion, appoint a hearing officer to hear the appeal. The hearing officer shall be an employee of the State Office of Administrative Hearings or a member of the State Bar of California. A hearing before the hearing officer shall be conducted in the manner of hearings conducted under the Administrative Procedure Act. The hearing officer may affirm, modify, or revoke a decision of the General Manager. The decision of the hearing officer shall be final.
5. At a hearing before the Board of Directors, witnesses shall testify under oath and there shall be a right to cross-examination. There shall be no right to discovery. The hearing need not be conducted according to technical rules relating to evidence and witnesses. The rules of evidence and the manner of producing evidence shall be those rules set forth in Section 11513 of the Government Code for the conduct of hearings under the Administration Procedure Act. The decision of the Board shall be final.
6. At either a hearing before a hearing officer or before the Board of Directors, the appointing authority shall have the burden of proving the charges by a preponderance of the evidence. The appointing authority shall open the case and present his evidence. The employee shall then present his defense. Thereafter, each side may present rebuttal evidence.
7. Any decision made by the Board of Directors pursuant to this Section (6.10) is a personnel matter and the Board may hear and consider the matter in closed session.
8. Costs of a hearing officer shall be shared by the parties. If a party requests a court reporter, the requesting party shall bear the costs associated therewith, and shall provide a copy of the transcript to the other party and the hearing officer without charge.
9. This Section (6.10) shall not be construed to create any property right that would give rise to procedural due process beyond that specifically described herein.
10. This Section (6.10) is not subject to grievance or arbitration under the procedures in this Memorandum or pursuant to any other procedure or policy of the County.

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Whenever an employee is reassigned from one County agency to another without a break in pay status of greater than two working days, service with one agency shall be counted as service with the other entity for purposes of accrual, accumulation, and use of paid vacation, sick leave, and entitlement to salary step placement. Each such employee shall also retain the same benefits to which he/she was entitled immediately prior to the reassignment. Upon each reassignment, the employee shall be paid for unused overtime credits in the same manner as provided by this agreement upon separation, and such unused overtime credits shall not be transferred from one entity to another.

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6.12.1 Discipline (Community Development Commission) – Disciplinary Action

The Executive Director may take disciplinary action against any employee.

6.12.2 Discipline (Community Development Commission) – Definitions Full-Time / Part-Time Employee

For purposes of this Section (6.12), full-time employee means a full-time employee as defined in this Memorandum who has completed six (6) months of satisfactory full-time service (1,040 hours) in an allocated position. For purposes of this Section (6.12), a part-time employee means a part-time employee defined in this Memorandum who, in addition has completed 1,040 hours of satisfactory service in an allocated position.

6.12.3 Discipline (Community Development Commission) – Other than Full-Time / Part-Time Employee

All employees of the Community Development Commission, other than full-time or part-time employees as defined in Subsection 6.12.2, serve at the pleasure of the Executive Director.

6.12.4 Discipline (Community Development Commission) – Discipline Process

The Executive Director may dismiss, suspend, reduce in compensation or involuntarily demote a full-time or part-time employee only for cause. A reduction in pay shall apply to regular hours worked, including hours treated as hours worked such as administrative leave, jury duty, military leave and compassionate leave. A rate reduction excludes premiums, overtime, use of sick leave, vacation leave, and compensatory time accrued and buyback or payoff of sick, vacation and compensatory accrued leaves. Reduction in pay shall not exceed 5 percent of employee’s salary step prior to the reduction and shall not exceed 1,040 hours in duration.

1. If the Executive Director proposes to dismiss, suspend, reduce in compensation or involuntarily demote a full- time or part-time employee, he/she shall provide the employee with written notice of the charge, or charges and materials upon which the proposed action is based, prior to any final disciplinary action being taken. The employee may waive the right to respond. If made, responses may be oral or written and shall be communicated to the Executive Director within three (3) working days following the date notice is served. If no response, or request for extension of time to respond is received by the Executive Director within such three (3) days, the right to respond will be deemed waived. The Executive Director may place the affected employee on leave of absence with pay during the three-day response period. Upon receipt of employee’s written request within such three (3) days showing good cause therefore, the Executive Director may extend the time for response for a reasonable period on condition that the employee designate in writing that the time extension shall be charged to earned vacation leave, compensatory time credits, or leave of absence without pay. A reasonable period shall not exceed ten (10) days from the time of service of the notice. The Executive Director shall consider the response, if any, of the employee in determining the propriety and nature of disciplinary action.
2. If the Executive Director determines to dismiss, suspend, reduce in compensation or involuntarily demote a full- time or part-time employee, the order of the Executive Director shall be in writing and shall state specifically the reason for the action. The employee may appeal a decision of the Executive Director to dismiss, suspend, reduce in compensation or involuntarily demote the employee by filing a petition for hearing with the Clerk of the Board of Commissioners with a copy to the Director of Human Resources within ten (10) working days of receipt of the order. The petition shall state whether the employee requests an open or closed hearing.
3. Within thirty (30) days of receipt of a petition, the matter shall be placed on the agenda of the Board of Commissioners for purposes of setting a hearing date.
4. The Board of Commissioners may, in its discretion, appoint a hearing officer to hear the appeal. The hearing officer shall be an employee of the State Office of Administrative Hearings or a member of the State Bar of California. A hearing before the hearing officer shall be conducted in the manner of hearings conducted under the Administrative Procedure Act. The decision of the hearing officer shall be final.
5. The Director of Human Resources shall schedule a prehearing conference, to be held at least thirty (30) days before the scheduled date of the hearing. Each party shall attend the prehearing conference with their respective representatives, if any, and shall have a thorough knowledge of the case and be prepared to attempt to resolve the appeal if possible. The prehearing conference shall be confidential and offers of compromise shall not be admissible as evidence. If the parties reach a settlement at the prehearing conference, it shall be reduced to writing and when signed be binding on the parties.
6. If no settlement is reached, at either a hearing before a hearing officer or before the Board of Commissioners, the appointing authority shall have the burden of proving the charges by a preponderance of the evidence. The appointing authority shall open the case and present his/her evidence. The employee shall then present his/her defense. Thereafter, each side may present rebuttal evidence.
7. Any decision made by the Board of Commissioners pursuant to this Section (6.12) is a personnel matter and the Board may hear and consider the matter in closed session.
8. Costs of a hearing officer shall be shared by the parties. If a party requests a court reporter, the requesting party shall bear the costs associated therewith, and shall provide a copy of the transcript to the other party and the hearing officer without charge.
9. This Section (6.12) is not subject to grievance or arbitration under the procedures in this Memorandum or pursuant to any other procedure or policy of the County.

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6.13.1 Discipline (SCAPOSD) – Disciplinary Action

The General Manager may take disciplinary action against any employee.

6.13.2 Discipline (SCAPOSD) – Definitions Full-Time / Part-Time Employee

For purposes of this Section (6.13), full-time employee means a full- time employee as defined in this Memorandum who has completed six (6) months of satisfactory full-time service (1,040 hours) in an allocated position. For purposes of this Section (6.13), a part-time employee means a part-time employee defined in this Memorandum who, in addition has completed 1,040 hours of satisfactory service in an allocated position.

6.13.3 Discipline (SCAPOSD) – Other Than Full / Part-Time Employee

All employees of the Sonoma County Agricultural Preservation and Open Space District (District), other than full-time or part-time employees as defined in Subsection 6.13.2, serve at the pleasure of the General Manager.

6.13.4 Discipline (SCAPOSD) – Discipline Process

The General Manager may dismiss, suspend, or involuntarily demote a full-time or part-time employee only for cause:

1. If the General Manager proposes to dismiss, suspend, or involuntarily demote a full-time or part-time employee, he/she shall provide the employee with written notice of the charge, or charges and materials upon which the proposed action is based, prior to any final disciplinary action being taken. The employee may waive the right to respond. If made, responses may be oral or written and shall be communicated to the General Manager within three (3) working days following the date notice is served. If no response, or request for extension of time to respond, is received by the General Manager within such three (3) days, the right to respond will be deemed waived. The General Manager may place the affected employee on leave of absence with pay during the three-day response period.  Upon receipt of employee’s written request within such three (3) days showing good cause therefore, the General Manager may extend the time for response for a reasonable period on condition that the employee designate in writing that the time extension shall be charged to earned vacation leave, compensatory time credits, or leave of absence without pay. A reasonable period shall not exceed ten (10) days from the time of service of the notice. The General Manager shall consider the response, if any, of the employee in determining the propriety and nature of disciplinary action.
2. If the General Manager determines to dismiss, suspend, or involuntarily demote a full-time or part-time employee, the order of the General Manager shall be in writing, and shall state specifically the reason for the action. The employee may appeal a decision of the General Manager to dismiss, suspend, or involuntarily demote the employee by filing a petition for hearing with the Board of Directors within ten (10) working days of receipt of the order. The petition shall state whether the employee requests an open or closed hearing.
3. Within thirty (30) days of receipt of a petition, the matter shall be placed on the agenda of the Board of Directors for purposes of setting a hearing date.
4. The Board of Directors may, in its discretion, appoint a hearing officer to hear the appeal. The hearing officer shall be an employee of the State Office of Administrative Hearings or a member of the State Bar of California. A hearing before the hearing officer shall be conducted in the manner of hearings conducted under the Administrative Procedure Act. The hearing officer may affirm, modify, or revoke a decision of the General Manager. The decision of the hearing officer shall be final.
5. At a hearing before the Board of Directors, witnesses shall testify under oath and there shall be a right to cross-examination. There shall be no right to discovery. The hearing need not be conducted according to technical rules relating to evidence and witnesses. The rules of evidence and the manner of producing evidence shall be those rules set forth in Section 11513 of the Government Code for the conduct of hearings under the Administration Procedure Act. The decision of the Board shall be final.
6. At either a hearing before a hearing officer or before the Board of Directors, the appointing authority shall have the burden of proving the charges by a preponderance of the evidence. The appointing authority shall open the case and present his/her evidence. The employee shall then present his/her defense. Thereafter, each side may present rebuttal evidence.
7. Any decision made by the Board of Directors pursuant to this Section (6.13) is a personnel matter and the Board may hear and consider the matter in closed session.
8. Costs of a hearing officer shall be shared by the parties. If a party requests a court reporter, the requesting party shall bear the costs associated therewith, and shall provide a copy of the transcript to the other party and the hearing officer without charge.
9. This Section (6.13) is not subject to grievance or arbitration under the procedures in this Memorandum or pursuant to any other procedure or policy of the County.

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