Hays County Commissioners court unanimously approved two changes in the Hays County Law Enforcement Association civil service rules at the regularly scheduled meeting Tuesday. The first was a clarification in the form of a Memorandum of Understanding between the county and the Hays County Law Enforcement Association to clarify that a written reprimand would not result in a hearing to verify the truth of the allegations or justification of the punishment. The second regarded employee eligibility and ensuring previous military service would be considered during promotions but would not allow people to jump to the top of the eligibility list when being hired initially. “Per the collective bargaining agreement, which incorporates the Hays County Sheriff’s Office civil service rules, otherwise known as the rules, … there are some certain procedures [for] … if there is a rule that needs a clarification piece that maybe it just wasn’t clear on what it was saying, versus a rule change, amendment, etc.,” said Jordan Powell, Hays County assistant general counsel. “This item in front of you is regarding one of the first scenarios I mentioned, where something just wasn’t clear in the rules. One section didn’t line up with another, and it was not clear; it needed to be clarified. When that happens, per the contract, we can enter into an MOU between the HCLEA and the county to clarify that rule.” Powell said in Section 7.01 of the civil service rules regarding disciplinary action, it was unclear whether a Loudermill hearing would be required for a written reprimand, but “it was not the parties intent for a written reprimand to be included in the Loudermill meeting requirements.” According to the AFT Connecticut website, Loudermill rights mean that “non-probationary public employees facing discipline are entitled to certain due process rights,” and in a Loudermill hearing, “the goal of the meeting is to verify the truth of allegations” and whether the level of disciplinary action is justified. “HCLEA has already agreed with that [a Loudermill hearing would not be necessary for a written reprimand]. I agree with that, and for what it’s worth, the Sheriff also agrees with that,” Powell said. “This MOU would be clarifying that piece.” Powell clarified for the second item related to the civil service rules regarding employee eligibility, there would be “something more than a clarification piece,” which would require a different process other than a MOU. “In that case, the change also goes before the commission to get their opinion on the rule change matter,” Powell said. “There is an amendment that has already been approved by HCLEA as well as the commission's opinion on the matter.” The rule specifically regards the employee eligibility list. “The way the rules currently read, there are some certain specifications put in place from military veterans in regard to their initial application with the Sheriff’s Office,” Powell said. “If you have military experience, it automatically puts you at the very top of the eligibility list to be hired. That was not the intent. The intent was military service, should someone have it, be taken into account in regard to promotions but not initial employment [by] making them jump the list.” Powell said HCLEA, the Sheriff and the civil service commission were all in agreement with this change.
