§ 16-205. Reimbursement for employee legal fees and/or court costs.

(a)

Any employee shall be entitled to be reimbursed by the County for full or partial legal fees and/or court costs incurred by the employee or incurred by a collective bargaining agent or other third party provider of legal representation on behalf of an employee as a result of taking an appeal of an unresolved grievance or an adverse action under Sections 16-200 and 16-201, respectively, before the Personnel Board and/or before a court of law, on appeal, under the following circumstances, and subject to the limitations established by the County Council pursuant to Subsection (d), below:

(1)

Where the employee takes an appeal of an unresolved grievance or an adverse action under Sections 16-200 and 16-201, respectively, before the Personnel Board and the final decision and order of the Board with respect to such appeal constitutes a ruling in the employee's favor, the Board shall determine a full or partial reimbursement for any legal fees incurred by the employee or incurred by a collective bargaining agent or other third party provider of legal representation on behalf of an employee with respect to the appeal proceedings before the Board and shall issue a final order for the payment thereof by the County;

(2)

Where the employee takes an appeal of a final decision and order of the Personnel Board before the courts as a result of the initial taking of an appeal of an unresolved grievance or an adverse action, as the case may be, before the Board, and where the final court determination with respect to such appeal constitutes a ruling in the employee's favor, the Board shall determine a full or partial reimbursement for any legal fees and court costs incurred by the employee or incurred by a collective bargaining agent or other third party provider of legal representation on behalf of an employee with respect to the appeal proceedings before the courts, and with respect to any initial appeal proceedings before the Board with respect thereto, if not previously determined and awarded, and shall issue a final order for the payment thereof by the County;

(3)

Where the employee defends an appeal before the courts of a final decision and order of the Personnel Board which constituted a ruling in the employee's favor, the Board shall determine a full or partial reimbursement for any legal fees and court costs incurred by the employee or incurred by a collective bargaining agent or other third party provider of legal representation on behalf of an employee in defending the Board's final decision and order before the courts, whether or not said final court determination constitutes a ruling in the employee's favor, and shall issue a final order for the payment thereof by the County; or

(4)

Where a final decision and order of the Personnel Board constituting a ruling in the employee's favor is not effectuated by the County within the time period stipulated in such final order, or where such time period for compliance has been extended by the Board upon application by the County, and where such final order of the Board is not subject to further appeal, the Board shall determine a full or partial reimbursement for any legal fees and court costs incurred by the employee or incurred by a collective bargaining agent or other third party provider of legal representation on behalf of an employee in enforcing the Board's final order before the courts, and shall issue a final order for payment thereof by the County.

(b)

In deciding whether any final order or determination of the Personnel Board or the courts constituted a ruling in employee's favor under the terms of Subsection (a), above, the Board shall make any such decision based upon a determination as to whether or not the employee was granted substantial relief and whether the final order or determination specified impropriety or wrongdoing by the County, consistent with the allegations in the complaint.

(c)

The Board shall issue a final order for the full or partial reimbursement of legal fees and/or court costs under Subsection (a), above, only after the employee's attorney has submitted an application setting forth the hours employed and the basis of the claim. A copy of said application shall be served upon the County Attorney by the employee's attorney and a written certification to that effect shall be served on the Personnel Board by the employee's attorney. Any such application shall only be considered if filed with the Board no later than six (6) months after the termination of all applicable proceedings. The Board may act upon any application without a hearing unless a written objection with respect to such application is filed by the County Attorney within five (5) working days of the date of service of the aforesaid application. Where such objection is filed by the County Attorney, the Board shall hold a hearing on the application and may issue a final order at any time thereafter.

(d)

Prior to June 1 of each odd numbered year, the Personnel Board shall forward to the County Council for approval by resolution, pursuant to Section 16-105(a)(1), a reimbursement schedule for full or partial legal fees and court costs. Said schedule shall establish minimum and maximum hourly fee rates and maximum total amounts of reimbursement per appeal. In no case shall the Personnel Board issue a final order for the payment or reimbursement in excess of the limitations established by the County Council. Prior to final approval of the reimbursement schedule by the County Council, the County Executive shall be given an opportunity to comment thereon.

(e)

Any final order issued by the Personnel Board for the full or partial reimbursement of an employee's legal fees and/or court costs under Subsection (a), above, shall constitute a contingent liability on the County and, as a result thereof, the County Executive shall annually recommend in the County's proposed expense budget, an appropriation of revenue in a special nondepartmental fund sufficient to cover the County's anticipated liabilities with respect to such payment of legal fees and/or court costs for employees. The County Director of Finance shall make payment for any award of legal fees and/or court costs no later than forty-five (45) calendar days after the presentation to the Director of Finance of a final order for payment as issued by the Personnel Board under Subsection (a), above. In any case where there is insufficient revenue in such special, nondepartmental fund to make payment upon the presentation of a final order for payment thereof, the Director of Finance shall so advise the employee's attorney and interest shall accrue on the unpaid balance at the rate of ten percent (10%) per annum. In any such event, the Director shall advise the County Council and the County Executive of all such unpaid claims and an amount of revenue sufficient to cover all such claims, and accrued interest, shall be included by the County Executive in the ensuing fiscal year's County expense budget.

(CB-1-1976; CB-69-1998; CB-6-2000; CB-22-2000)

Editor's note— CR-22-1999 approved the Reimbursement Schedule for Employee Legal Fees and Court Costs for employees entitled to reimbursement for hearings before the Personnel Board.

CR-25-2005 approved the Reimbursement Schedule for Employee Legal Fees and Court Costs for employees entitled to reimbursement for hearings before the Personnel Board.

CR-44-2013 approved the Reimbursement Schedule for Employee Legal Fees and Court Costs for employees entitled to reimbursement for hearings before the Personnel Board.