Laserfiche WebLink
Merit Appeals Board July 15, 2024 <br />MR. LEE: That was the determination of the internal complaint—yes. The—concurrently with <br />that—when an internal complaint is filed, the rules require that you try directly to perform their <br />own administrative <br />MR. WISEMAN: So, the complaint doesn't need any substantiation—someone can just make a <br />comment and that's the complaint? <br />MR. LEE: I guess, I'm not quite sure what the confines of your question are, but what happened <br />in this case was that an internal complaint was filed and that triggered an Administrative Review <br />by the Director. <br />MR. WISEMAN: Okay. Proceed please. <br />MR. LEE: Okay. So, I guess, thank you to Member Wiseman that action was both voiding of <br />the appointment and the cancellation of the recruitment. At that point, the 20 days were <br />triggered. Mr. Turner, in his declaration, indicates multiple instances of notice, prior to the April <br />15'h date—including him being placed on Temporary Appointment to his position. <br />The question begs to be answered—why would he be—needed to be placed on temporary <br />appointment if something wasn't happening with his probationary appointment to the <br />Construction Equipment Repair Supervisor position? <br />So, the County's position is, there was ample notice even if the Board was to take on the <br />standard of notice. And we would refute the Appellant's assertion that the April 15'h is the <br />(inaudible) date because it's not quite—as we point out in the reply that they're arguing they <br />didn't have notice to that point. It's just that he realized that he had no choice at that point to file <br />an appeal. He had gone through certain actions and was hoping that would be resolved without <br />having to file a complaint. But he was well aware that he was removed from his CERSII <br />position that he replaced back to a Storekeeper position. And that he was placed on temporary <br />appointment back to the CERSIL That's it in a nutshell. <br />MR. WISEMAN: I have one final question for you, Mr. Lee. When he's placed—when an <br />employee is placed on probation, are the terms and conditions explained to that employee of the <br />probationary period? <br />MR. LEE: Am I allowed to defer to (inaudible). <br />MR. WISEMAN: Yeah, sure. <br />MS. TOKIHIRO: As part of the interview process, there's a disclosure that states that a new <br />probationary period has to be completed before permanent status is granted. And that new <br />probationary period is a period of six -months. <br />MR. WISEMAN: But are the terms and conditions that can cancel that probation explained to <br />the employee? <br />Page 22 <br />