§ 4.49. Witnesses notified

The department's legal advisor shall notify witnesses of the time and place of the hearing. The grievant will provide the legal advisor with the names of the witnesses requested and their current work assignment. The grievant will identify each witness as (1) a fact witness, or (2) a character witness.

The grievant may further request a subpoena be issued for a fact witness not covered by civil service (category A employee) by notifying the civil service commission secretary, director of county human resources, of the person's name, employment address, work telephone number, and a brief explanation of the facts known by this witness. The civil service secretary will then send the fact witness a memorandum informing them that they are to appear at the civil service hearing.

Subpoenaed employees who are unable to be present in the civil service commission meeting shall notify the secretary to the civil service commission as soon as possible before the scheduled hearing date.

Any person subpoenaed to appear and give testimony or to produce books, papers, documents etc. and who fails or refuses to do so shall be deemed in violation of the department's General Orders (Court/Commission Attendance No. 335.00) and therefore subject to appropriate disciplinary action.

The party requesting the witness will be responsible for notifying the witness of cancellations and rescheduled hearings.

Departmental policy does not prohibit grievant or grievant's attorney from discussing the grievance prior to the hearing.