2014-05-21 Merit Appeals Board Minutes

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Merit Board of Appeals May 21, 2014 procedures would become null and void and they would be operating under a single County -wide internal complaint procedure. Mr. Toriano stated that it makes sense to give the employee a choice. In a situation like this where it's an open recruitment and there are applicants from outside of the County, the employee would be able to choose which tract they'd want to pursue—grievance or the Merit Appeals Board. Mr. Hermes reiterated Ms. Toriano's point that, in the past, their department has advised that the distinguishing factor depends upon what the recruitment vehicle is. In looking at the collective bargaining agreements, the controlling or related language is "promotions." In this case, the County Clerk's office elected to conduct an open recruitment worldwide. In the past opinions of previous Administrations, it was felt that the most appropriate appeal venue would be the internal complaint procedure culminating in an appeal with the Merit Appeals Board. Mr. Hermes stated that the reason for that was the concept of "recruitment and examination," which is the subject matter under the jurisdiction of the Merit Appeals Board. It was a little more generic and global to the issue of a non - selection when competing against people from all over—not just within our particular jurisdictional civil service system. Conversely, if this was an internal promotion within the County Clerk's office, more than likely our answer would have been different and more aligned with the grievance procedure. In the scheme of things, it seemed to make sense as they try to decipher cases day-to- day—but, it's a matter of opinion. Ms. Noda said she thinks part of the confusion is that the Appellant refers to it as a "promotion," so that would put it within the collective bargaining agreement. She concurred with Mr. Hermes because if there was an applicant for this same position, say, from Florida, that applicant would have the same opportunity to appeal their non -selection, thus everyone in that applicant pool should be using the same vehicle to appeal. Ms. Rabago stated that she somewhat agreed and disagreed. The Merit Appeals Board is here for recruitment, whether internal or external. If they're questioning their qualifications and they're deemed ineligible, they can come to the Board, or if for any reason they think that everything wasn't considered that should have been considered, they can come to the Board. But, if they're applying for a position, which in this case is a promotion from a Clerk I to a Clerk II position, people from the outside could come here as this would be the proper procedure for them because they're not civil service employees. But, for this particular person, Ms. Torres, the proper path to follow is the grievance procedure. Page 4