Okla. Admin. Code § 455:10-17-3

Current through Vol. 42, No. 7, December 16, 2024

Section 455:10-17-3 - Negotiation conference

(a)General. The negotiation conference provides an opportunity for the parties to present and discuss settlement with each other and a neutral Alternative Dispute Resolution Program (ADRP) facilitator in order to resolve the issues of an appeal. The parties may discuss, negotiate and settle any differences or issues in reaching a resolution of the appeal. The Executive Director may schedule a negotiation conference:

(1) on an alleged violation appeal, after a determination has been made a violation within the Commission's jurisdiction may have occurred;

(2) on a payroll claim protest, after a properly filed protest has been presented to the Commission; or

(3) on an adverse action appeal, after a determination has been made the appeal is timely filed and the Commission has jurisdiction.

(b)Party responsibility. Each party shall be present and on time. Failure to do so may result in dismissal of the appeal or other sanctions unless good cause is shown. Each party is expected to negotiate in good faith, without time constraints, and put forth his or her best efforts with the intention to settle, if possible. Even if the parties do not reach a complete settlement, they may reach agreement on various issues.

(1) Each party to the appeal shall speak for himself or herself.

(2) The appointing authority may name a spokesperson to speak and act on behalf of the agency. The spokesperson shall have knowledge of the incidents surrounding the appeal and shall have settlement authority. The appointing authority shall not name a legal representative to act in this capacity unless the legal representative has knowledge of the incidents surrounding the appeal.

(c)Party submissions. At the conference each party shall provide to the ADRP facilitator a copy of a proposed settlement offer.

(d)Representation. Each party to the appeal may have a representative accompany him or her to the conference to act in an advisory role only. A representative shall not be allowed to interrogate or question any party and shall not otherwise have or take an active role in the conference.

(e)Facilitator. The ADRP facilitator shall:

(1) take an active role in the conference to aid the parties in the discussion of settlement and resolution of the appeal;

(2) have the flexibility to adapt the conference to the situation at hand;

(3) have the authority to require any party to produce documents for review at the conference if to do so will aid in the discussion of settlement and resolution of the appeal. Documents produced and reviewed at the conference shall not become part of the appeal record at that time; and

(4) terminate the conference because of the disruptive behavior or conduct of a party or representative and may order sanctions if appropriate.

(5) not be assigned to preside over any further ADR procedures on the same matter.

(f)Conference. The conference shall be informal, structured by the ADRP facilitator, and not open to the public. The conference shall be a confidential procedure and shall not be filmed or taped.

(1)Notice. At least 7 calendar days before the scheduled conference, the Commission shall notify the parties of the date, time and location of the conference.

(2)Location. The conference shall be held at the Commission office or any other location determined appropriate.

(3)Witnesses. Witnesses shall not appear or give testimony at the conference.

(4)Caucus. The ADRP facilitator may call a caucus at any stage of the conference.

(5)Continuance. A request for continuance shall normally be filed in writing no less than 3 calendar days before the scheduled negotiation conference date accordance with OCA 455:10-3-17. A less period of time may be permitted for good cause shown.

(A) The Executive Director shall rule on the request and shall grant a request only in those instances where extraordinary circumstances exist and good cause has been shown.

(B) A continuance shall be granted to a date certain and in no case shall a combination of continuances of the negotiation conference exceed a total of 30 calendar days except for good cause shown.

(g)Agreement. If agreement between the parties is reached, it shall be reduced to writing and signed by each party and the ADRP facilitator. The agreement shall be reviewed and approved by the Executive Director before dismissal of the appeal shall be entertained. If approved, the Commission shall retain jurisdiction to enforce the terms of the agreement over which the Commission has jurisdiction. The agreement shall become part of the appeal record.

(h)Conclusion. The ADRP facilitator shall end the negotiation conference when an agreement is reached and reduced to writing. If an agreement is not reached, the ADRP facilitator shall end the conference when he or she determines settlement is not possible, unless sooner terminated for just cause. If agreement is not reached:

(1) an adverse action appeal of a discharge, involuntary demotion or suspension without pay of 4 calendar days or more, shall continue on for a prehearing conference and hearing.

(2) an alleged violation appeal, payroll claim protest or adverse action appeal of a suspension without pay of 3 calendar days or less shall continue on for a preparation conference and further ADRP procedures.

Okla. Admin. Code § 455:10-17-3

Added at 11 Ok Reg 1871, eff 5-12-94; Amended at 17 Ok Reg 2560, eff 6-26-00; Amended at 19 Ok Reg 2376, eff 7-1-02