If you are employed in a “classified position” through the Jefferson County Personnel Board, a disciplinary procedure can affect your wages, your seniority, and even end your career. The Personnel Board Rules and Regulations are complex and strict. You must take action fast to defend your rights. Having the assistance of experienced attorneys to defend your livelihood is crucial.
The attorneys at Bradford Ladner LLP are experienced in public employment matters. William K. Bradford has particular experience with the Jefferson County Personnel Board. In years past, he has served as one of the Board’s attorneys in the longstanding Federal lawsuit over employment discrimination. Through this work he has gained invaluable knowledge on the rules and regulations of the Board, and how to assert the rights of classified employees before hearing officers and the Jefferson County Personnel Board. If you are facing discipline, read the general information below concerning Personnel Board discipline, and call Bradford Ladern LLP today for a consultation.
WHAT ARE THE TYPES OF DISCIPLINE?
A Classified Employee can be disciplined “for cause.” The Jefferson County Personnel Board Rules defines “for cause” as including such things as being absent without leave, neglect of duty, conviction of a criminal act, or disorderly conduct. There are a number of other types of conduct that can result in discipline. Click here for a complete list of “for cause” actions. The Appointing Authority may dismiss you, demote you or suspend you temporarily.
WHO INITIATES DISCIPLINE?
The Appointing Authority (the city or agency) typically initiates discipline. However, the Jefferson County Personnel Board also accepts complaints from Citizens.
WHAT CAN I DO IF I AM DISCIPLINED?
If you are disciplined, you should request a formal hearing and seek legal counsel. Because the outcome of a Personnel Board hearing can decide the fate of your career and your paycheck, it is crucial to obtain qualified legal representation to assist you. This will start the appeal process under the Jefferson County Personnel Board Rules. Under the rules you have a right to appeal the decision of the Appointing Authority for a hearing either before the Board, or before a hearing officer appointed by the Board. In instances where the complaint is brought by a citizen, the Board will notify you about the complaint and will conduct a hearing on its own initiative.
HOW DO I APPEAL A DISCIPLINARY ACTION?
If you are disciplined, demoted, dismissed or suspended by a Appointing Authority, you must file a notice of appeal and a written answer to the charges with the Jefferson County Personnel Board and the Appointing Authority within 10 days after you receive notice of the discipline. As noted above, where a complaint is filed by a citizen, Board will set a hearing date within 20 days of notice being given to you of the citizen complaint. An attorney can greatly assist you by drafting a notice of appeal and a formal answer to the disciplinary charges. Also, an attorney can represent you at any hearing on a disciplinary charge or citizen complaint.
WHAT IS THE APPEAL PROCESS?
If you are feeling was heard by hearing officer, the hearing officer will take testimony offered in support of the complaint or discipline, and testimony of any denial of the charges. The hearing officer has five days to file a report containing findings of fact and law, as well as a recommended decision with the Board. The Board will consider the recommendation at its next meeting and can modify, alter, set aside or affirm the recommendation.
CAN I APPEAL THE PERSONNEL BOARD’S DECISION?
Yes, you can appeal the Jefferson County Personnel Board decision. The decision of the Board may be appealed by either the employee or the Appointing Authority to the Jefferson County Circuit Court for the court to review questions of law and questions of whether or not the decision of the Board is supported by substantial and legal evidence. An appeal to the circuit court must be made within 10 days from the announcement of the decision or order of the Personnel Board. The appeal is made by filing a statement in writing to the Director of Personnel and by filing with the Jefferson County Circuit Court Clerk, including the filing of security for cost of the appeal. The appeal is heard by a three judge panel.
MORE INFORMATION ON JEFFERSON COUNTY PERSONNEL BOARD RULES AND REGULATIONS