§ 16-203. Hearings before the Personnel Board.

(a)

The following provisions shall apply to hearings before the County Personnel Board.

(1)

General. Pursuant to Section 907 of Article IX of County Charter, the Personnel Board shall be the final administrative appeal authority for Prince George's County, Maryland, relating to any appeal filed with the Board under the provisions of Sections 16-200 through 16-202 of this Subtitle. In the case of any such appeal to the Board, the decisions and orders of the Board shall be final on all parties concerned and may not be appealed to any other administrative board. Any hearing before the Personnel Board shall be public, if so requested by the aggrieved party. After hearing any appeal, the Board may issue such order as it finds proper by the facts presented in the case. Any such order shall be accompanied by a statement of findings of fact and conclusions of law. The Board may, in any such order, sustain, modify, or reverse the action or actions of an appointing authority, supervisor, or the Director of Human Resources Management, as the case may be, which gave rise to the appeal. The Board may order the reinstatement of the employee with partial or full back pay and benefits or without back pay. Any order for back pay and benefits which arises from this Section may not be imposed for claims which arose prior to the effective date of this legislation. This shall not be construed as extinguishing a right or remedy which existed prior to the enactment of the legislation. All data pertinent to any decision of the Board shall be subject to the scrutiny of all parties to the proceedings and/or the attorneys representing said parties.

(2)

Conduct of Hearings. Except as may be otherwise modified by the provisions of this Section, all procedures governing hearings before the Personnel Board shall be established under the regulations which are required to be proposed by the Board and approved by the County Council pursuant to Section 16-105(a)(1).

(A)

Within thirty (30) days after receiving an appeal of an adverse action concerning a separation, termination, dismissal, demotion, or fines, the Personnel Board shall schedule a hearing within sixty (60) days of the receipt of the appeal and notify the parties of the hearing date, or shall refer the appeal to a hearing examiner in accordance with subparagraph (8)(C) of this Section within (ten) 10 days of receipt of the appeal for a hearing to be scheduled within sixty (60) days. The Board may continue the hearing only under the following conditions:

(i)

Each party must consent to the continuance;

(ii)

Each party may only receive one continuance; and

(iii)

If a continuance is granted to either party, the hearing must be rescheduled to a date not more than sixty (60) days from the scheduled hearing date.

(B)

Within forty-five (45) days after the close of the hearing record, the Personnel Board shall issue to the parties a written decision.

(3)

Right to Representation. Any employee or former employee who has filed an appeal with the Personnel Board pursuant to Sections 16-200, 16-201, or 16-202 shall be entitled to be represented by legal counsel with respect to all proceedings before the Board regarding said appeal.

(4)

Consolidation of Appeals. The Personnel Board may consolidate for hearing, all appeals which, in the determination of the Board, represent a common cause of action.

(5)

Appeals Held in Abeyance. Whenever an employee files a written notice of appeal with the Board as a result of a suspension taken against said employee under the provisions of Section 16-193(c)(4)(D), the Board shall hold any such appeal in abeyance pending a determination of said employee's guilt or innocence by a trial court.

(6)

Dismissal of Appeals. Whenever any employee or former employee files a written notice of appeal and separate petition with the Personnel Board, the Board shall issue an order dismissing the appeal without further proceedings where:

(A)

All parties to any such appeal before the Board have filed a written request with the Board to dismiss the appeal; or

(B)

Any such notice of appeal and/or separate written statement associated with such notice of appeal were not filed with the Board within the time limits or periods specified for such filings under Sections 16-200, 16-201, or 16-202, as the case may be, unless cause to the contrary has been shown to the Board by the person filing the appeal.

(7)

Referral of Appeals to County Attorney. Whenever an employee, former employee, or applicant for employment files a written notice of appeal and a separate written statement with the Personnel Board, as required under the provisions of Sections 16-200, 16-201, or 16-202, as the case may be, the Personnel Board shall transmit a copy of any such notice of appeal and written statement to the County Attorney so that the interests of the County can be represented with respect to any such appeal. Whenever any such petition alleges discrimination, the County's Equal Employment Officer, acting as an agent of the County Attorney, shall conduct an investigation of the merits of the allegations set forth in any such written statement. The EEO Officer shall issue a confidential written report to the County Attorney setting forth the results of any such investigation. The County Attorney shall proceed, upon the receipt of the EEO Officer's report regarding the allegations of discrimination and on the basis of such other investigations as the County Attorney may deem appropriate, to present the County's position in the proceedings before the Personnel Board with respect to any such appeal and/or shall conduct such conciliations or negotiations with respect to a potential settlement or resolution of such appeal as deemed appropriate by the County Attorney.

(8)

Consideration of Appeals. The following general criteria shall apply to the Personnel Board's consideration of appeals:

(A)

Whenever an employee or former employee files an appeal in accordance with this Subtitle, the Board shall not substitute its judgment for that of the official who had taken the action, but shall attempt to ascertain, based on the preponderance of the evidence presented to the Board, whether there is any reasonable basis to support the action taken by the official.

(B)

Whenever any employee or former employee files an appeal in accordance with Sections 16-200, 16-201, or 16-202, as the case may be, with respect to any action of an appointing authority, supervisor, or the Director of Human Resources Management, except for those appeals described in subparagraph (a)(8)(C), below, any such aggrieved party shall have the burden of going forward with the evidence before the Board.

(C)

Whenever any permanent status employee files an appeal in accordance with Section 16-201(a) with respect to any disciplinary action taken by the employee's appointing authority which would constitute an adverse action, the employee's appointing authority shall have the burden of going forward with the evidence before the Board. In each such case, the Board shall review the authority in law for the taking of the action, and shall sustain the action of the appointing authority where the law and the facts, as proved by a preponderance of the evidence, justify the action taken by the appointing authority. Conversely, where the law and/or facts, as proved by a preponderance of the evidence, do not justify the action of the appointing authority, the Board shall rule in favor of the party who filed the appeal.

(D)

Whenever any employee files an appeal of an unresolved grievance in accordance with Section 16-200 and the Board finds that the relief sought by the employee is not within the ability of the appointing authority, supervisor, or the Director of Human Resources Management to provide, the Board shall transmit its findings of fact and conclusions with respect thereto to both the County Executive and the County Council for appropriate action if deemed necessary.

(9)

Hearing Examiners.

(A)

The Personnel Board shall be authorized to recommend, in writing, to the County Executive, the appointment of one (1) or more hearing examiners to assist the Board by conducting hearings on any appeal before the Board. The Director of Human Resources Management may recommend to the Personnel Board the need for such hearing examiners.

(B)

Upon the written recommendation of the Personnel Board, as provided in subparagraph (a)(9)(A), above, and subject to budgetary and classification actions, the County Executive shall appoint such hearing examiners as the Board has recommended in writing. Any such hearing examiner, so appointed by the County Executive, shall, as a condition to appointment, be an attorney admitted to practice before the highest court of a state or the District of Columbia.

(C)

In accordance with such procedural requirements as the Personnel Board may propose and the County Council may approve pursuant to Section 16-105(a)(1) and subparagraph (a)(2) of this Section, any hearing examiner, so appointed, shall conduct hearings on appeals filed with the Board and shall make written findings of fact, conclusions, and recommendations to the Personnel Board with respect to any such appeal.

(10)

Referral of Orders to Director of Human Resources Management or County Executive.

(A)

In any case where the Personnel Board, after hearing an appeal, issues a final decision and order which requires remedial action to be taken by an appointing authority or supervisor, the Board shall transmit a copy of any such order to the Director of Human Resources Management. The Director of Human Resources Management shall be responsible for advising the Board, in writing, if the appointing authority or supervisor, as the case may be, fails to comply with such order of the Board no later than thirty-five (35) calendar days after the date of the receipt of any such order from the Board. Any such written reply by the Director of Human Resources Management shall state the reason or reasons for such noncompliance by the appointing authority or supervisor, as the case may be.

(B)

In any case where the Personnel Board, after hearing an appeal, issues a final decision and order which requires remedial action to be taken by the Director of Human Resources Management, the Board shall transmit a copy of said order to the County Executive. The County Executive shall be responsible for responding, in writing, to the Board under the same circumstances and procedures as are set forth in subparagraph (a)(10)(A), above, with respect to responses by the Director of Human Resources Management to the Board.

(11)

Transcripts of Hearings. The Personnel Board shall make available a transcript of any hearing before the Board to any party to the proceedings of an appeal before the Board upon the payment of such reasonable costs for such transcript as determined by the Board.

(12)

Pay status of Terminated Employee. In the event of an appeal of an adverse action concerning a separation, termination, dismissal, demotion, or fines if the Personnel Board orders the reinstatement of the employee, the employee shall be placed in a pay status as of the date of the Personnel Board's order provided the order is not appealed. If the adverse action is upheld by the Personnel Board and is appealed to a Court which determines that the employee shall be reinstated, the employee shall be placed in a pay status as of the date of the Court's order provided the order is not appealed.

(13)

Production of Documents. If requested by the employee at least ten (10) working days prior to the hearing, the appointing authority shall provide without charge or cost copies of all documents used by the employer for preparation of the case. The parties shall exchange any lists of proposed witnesses to be called at the hearing no later than five (5) working days prior to the hearing. The appointing authority shall not introduce any additional documents at the hearing unless a copy was provided to the employee at least five (5) days prior to the hearing or except to rebut testimony or documentary evidence submitted by the employee.

(CB-1-1976; CB-83-1979; CB-107-1985; CB-25-1995; CB-22-2000; CB-27-2000; CB-5-2003; CB-91-2003)

Editor's note

CR-53-1977 approved the Personnel Board Rules of Administrative Procedure.