Attorneys who have completed the probationary period described in Section 24 shall be afforded the following procedure upon being issued a written notice of Decision to Demote or Decision to Dismiss from County employment. The employee demoted or dismissed from employment may appeal the decision by submitting a written request to the Human Resources Director within fourteen (14) calendar days after notice of the demotion or dismissal is mailed or hand-delivered to the employee.
The County Executive is directed to create a policy outlining the details, rules and procedures for the appeal process. The policy shall include the parameters set forth below.
The appeal shall consist of an impartial hearing conducted by an Administrative Law Judge (ALJ) employed by the California Department of General Services, Office of Administrative Hearings, to serve as the hearing officer. If for some reason an ALJ is unable to serve as the hearing officer, the policy created by the County Executive’s Office will set forth an alternate method for selection of an impartial hearing officer. The hearing officer will be charged with determining if there was cause for demotion or termination. While individuals employed as attorneys by the County are not Civil Service employees, the list of causes contained in County of San Mateo Civil Service Rule VIII, Section 4, shall serve as a non-exhaustive list of causes sufficient for such action. The County shall have the burden to prove by a preponderance of the evidence that there was cause for demotion or termination.
The hearing officer shall have the authority to order reinstatement of the employee and award full, partial or no backpay based on the specific circumstances of each case. The decision of the hearing officer on matters properly before the hearing officer shall be final and binding on both parties. Each party shall bear the costs of its own presentation, including expense related to preparation for any hearings before the hearing officer, the hearing before the hearing officer, and post hearing briefs, if any.
For purposes of this section, a demotion is defined solely as moving an employee to a lower classification or salary step. It does not include other changes like removal of the differentials specified in Section 20 of this Resolution for Deputy-in-Charge or Lead Deputy County Attorney or change in assigned duties or work location.
The above Appeal Procedure shall also apply to employees occupying Chief Deputy County Attorney and Assistant County Attorney positions, notwithstanding that the salary and benefits for those positions will continue to be covered by the Resolution Establishing the Salary and Benefits of Unrepresented Management Employees of the County of San Mateo. However, Chief Deputy County Attorneys and Assistant County Attorneys may be demoted to the highest Deputy County Attorney position and salary step (Deputy IV E) without cause or a right to the above Appeal Procedure.