Yolo County Municipal Code Art. 22 Yolo County Equal Employment Opportunity Appeals Process

* Article 22 entitled “Yolo County Health Council” consisting of Sections 2-2.2201 through 2-2.2217 codified from Ordinance No. 708, eff. September 18, 1974, amended in its entirety by Ordinance No. 1305, eff. September 4, 2003.

There is hereby created in the County an Equal Employment Opportunity Appeals Process.

(a) Purpose. The purpose of the Yolo County Equal Employment Opportunity Appeals Process is to hear and determine the following appeals, subject to the limitations set forth in subsection (b) of this section:

(1) Appeals on the grounds of discrimination against any individual because of such individual’s race, color, religion, sex, sexual orientation, national origin, marital status, or (as defined by subsection (f) of Section 12926 of the Government Code of the State) medical condition, age, or physical or mental disability from actions of officers and employees of the County taken as to applications for County employment, the administration of competitive examinations to fill vacancies in County service and eligible lists therefor, appointments to and dismissals from positions subject to Title VII of the Civil Rights Act of 1964, as amended (including all controversies concerning such discrimination arising out of the selection process or concerning “tests”, as defined by the Guidelines on Employee Selection Procedures of the United States Equal Employment Opportunity Commission (29 CFR, Part 1607)), and the administration of the following written materials which govern County employees as such: laws, ordinances, resolutions, rules, regulations, policies, or provisions of memoranda of understanding which supersede County laws; and

(2) Any matter specified as appealable to the Hearing Board by the Affirmative Action Plan of the County, including the granting or denial of a hiring policy.

(b) Limitations.

(1) Only an employee of the County, or an applicant for employment by the County, or (notwithstanding the provisions of Section 2-6.31 of Chapter 6 of this title) a person rejected as a probationary employee of the County shall have standing to use this appeal procedure.

(2) The commencement of an appeal pursuant to this section shall constitute a waiver of any other administrative review procedure of the County as to such matters.

(3) The commencement of proceedings under any other administrative procedure of the County shall bar the use of this procedure as to such matters.

(4) An appeal under this procedure shall not lie as to any matter that is appealable under an administrative procedure adopted by the County pursuant to a State or Federal grant or subvention program.

(5) Any matter that is pending between an appellant and the County or any officer or employee of the County in any judicial action or proceeding or in any administrative proceeding before a governmental entity other than the County (including, but not limited to, a complaint proceeding before the Department of Fair Employment and Housing of the State, an accusation before the Fair Employment and Housing Commission of the State, or a charge of discrimination filed with the United States Equal Employment Opportunity Commission) shall not be heard by the person designated by the Equal Employment Opportunity Process (hearing officer)while such other action or proceeding is pending.

(6) Where the action appealed lies within the discretion of a County officer or employee, the hearing officer shall determine whether the officer or employee abused discretion, but the hearing officer shall not exercise the discretion of the officer or employee.

(7) In the determination of any appeal, the hearing officer shall be restricted to determinations made which may order back pay or reinstatement but may make recommendations based upon findings relating to county policies, procedures, practices and protocols

The hearing officer selected to make findings and determinations under the Yolo County Equal Employment Opportunity Hearing Process shall be a qualified Administrative Law Judge provided by the California Office of Administrate Law Judges, upon the request submitted by the human resources manager following receipt of an appeal as described above. A qualified Administrative Law Judge described herein shall be an Administrative Law Judge who has personnel experience, labor relations management experience, affirmative action or equal employment opportunity experience or legal experience in adjudicating administrative matters. A qualified Administrative Law Judge shall not include any person who is a County employee, or a member or employee of any of the Yolo County employee organizations.

The hearing officer shall preside over an administrative hearing relative to the matters described above upon the call of the human resources manager. The hearing officer shall have the power to subpoena witnesses and papers. Rules governing the proceedings of the hearing shall be those rules as set for the by the Office of Administrative Hearings in general governing administrative hearings.

The administrative hearing described herein shall be held at a time and place to be determined by the hearing officer, human resources manager and appellant, except that no hearing shall be conducted at a private residence or non-public building or location.

An appeal shall be commenced by filing an application in writing, setting forth the action appealed from, the name of the County officer or employee who took the action, and the facts and grounds for the appeal, with the human resources manager. within thirty (30) days after the action appealed from.

The human resources manager, after consultation with the hearing officer and appellant shall set the application for a hearing within thirty (30) days after filing and shall give at least ten (10) days’ written notice of the hearing to hearing officer and to the parties. A copy of the application shall accompany each notice of hearing.

At the time and place set for the hearing, the applicant shall have the burden of proof, and other parties shall have an opportunity to respond. The hearing officer may continue the hearing from time to time and at the conclusion of the hearing shall make its determination of the appeal.

Upon the application of any party, the hearing officer shall issue subpoenas to require attendance to take testimony in any matter before it. The hearing officer may issue subpoenas on his/her own motion. The person making an application for a subpoena shall be responsible for serving it and for the payment of witness fees and mileage. An application for the production of books, documents, or other things under the control of the witness shall be supported by an affidavit such as is prescribed by Section 1985 of the Code of Civil Procedure of the State.

Once an order determining an appeal is final, the parties shall be bound thereby. (amended in its entirety by § 1, Ord. 1035, eff. September 4, 2003)