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lorain county general health district employee personnel

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5.2 Pre-Disciplinary Conference<br />

Subject to Section 5.4 Absence without Leave, in all instances of disciplinary action<br />

whereby the <strong>employee</strong> may be suspended without pay or terminated from employment, a<br />

pre-disciplinary conference shall be conducted. The purpose of such conference is to<br />

afford the affected <strong>employee</strong> a fair opportunity to offer a defense to the allegations of<br />

misconduct. The pre-disciplinary conference shall be conducted by a neutral party selected<br />

by the Health Commissioner from supervisors in the agency not directly in the chain of<br />

command of the affected <strong>employee</strong>. The neutral party may also be an impartial person<br />

from outside of the agency.<br />

Not less than twenty-four (24) hours prior to the conference, the <strong>employee</strong> shall<br />

receive a notice which describes the basis for disciplinary action against such <strong>employee</strong>.<br />

The <strong>employee</strong> may appear personally with or without a chosen representative at the<br />

conference to present an oral or written statement in his or her defense; or may elect, in<br />

writing, to waive the opportunity to be heard at such conference.<br />

At the conference, the neutral party will ask the <strong>employee</strong> or the <strong>employee</strong>=s<br />

representative to respond to the allegations of misconduct. Failure to respond truthfully<br />

may result in further disciplinary action. The <strong>employee</strong> and agency representatives may<br />

present any testimony, witnesses or documents which explain whether or not the alleged<br />

misconduct occurred, subject to the right of the neutral party to refuse to hear any matters<br />

that he or she deems not pertinent or not relevant. The <strong>employee</strong> shall provide a list of<br />

witnesses to the neutral party as far in advance as possible, but not later than one hour<br />

prior to the conference. It shall be the <strong>employee</strong>=s responsibility to notify witnesses that<br />

their attendance is desired.<br />

The <strong>employee</strong> and his or her representative will be permitted to question any<br />

witnesses. A written report shall be prepared by the neutral party with conclusions as to<br />

whether or not the alleged misconduct occurred. A copy of such report shall be provided<br />

by the Health Commissioner to the <strong>employee</strong> within five (5) working days after its<br />

submission by the neutral party to the Health Commissioner.<br />

The Health Commissioner (not the neutral party) will decide what discipline, if any, is<br />

appropriate.<br />

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