(a) When an employee is to be disciplined, the Court Administrator or his designee shall have the charges against the employee reduced to writing, with two copies to be served on the employee. Delivery to the employee shall be deemed to have occurred if the charges are hand-delivered, or in the event that hand-delivery fails, placed in the U.S. Mail. Where resort to U.S. Mail occurs, the date of the posting shall control. The employee's last known address will be used.
(b) Charges must be served upon the employee within ten (10) work days of the Court having knowledge of the infraction, or within 10 days of the completion of an investigation substantiating the infraction. The hearing shall be held no more than ten (10) work days after the charges have been served on the employee. In the event the hearing cannot be held because of the absence of the employee, the Court Administrator or the individual referring charges for any reason, then it shall be held within five (5) work days after the return of the employee, the Court Administrator or the individual referring charges. The employee shall have the right to be represented by legal counsel at such hearing.
(c) The Court Administrator or his designee shall hear the evidence in support of the charges and the evidence in defense of the charges and shall endeavor to ascertain the truth of the charges. The Court Administrator or his designee shall make a recommendation to the Presiding/ Administrative Judge on the case within five (5) work days after the day of hearing. If the recommendation is for dismissal or demotion, the Presiding/Administrative Judge shall then cause a hearing to be held in the Presiding/Administrative Judge's office to review the matter, hear the evidence in support of the charges, and the evidence in defense of the charges, and render a fair and just decision based on the evidence submitted at the hearing.
(d) Any action taken against the employee shall be subject to appeal to a committee of all Judges of the Court, whose decision shall be final.
(e) Employees designated as confidential at will employees in Section 2134.03 will not be covered by this procedure and will be subject to discipline at the discretion of the appointing authority.