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and Commissioner Eggert felt that it should be whatever he determines is the correct thing to do. Chairman Scurlock felt it is all contingent upon agreement of the course of action. Commissioner Bowman asked what happens if Mrs. Kiser's attorney doesn't agree to a third -party hearing officer, and Attorney Vitunac explained that we will go ahead with Friday's hearing and Administrator Balczun will be the hearing officer and a witness, because there are two levels of appeal. Administrator Balczun stressed that he made it quite clear to Attorney McDonough that it would be their decision as to whether to have a third party hearing officer. Commissioner Wheeler asked if there were any guidelines that say both sides have to agree in advance to accept the hearing officer's findings, such as in labor mediation. Attorney Vitunac'advised that this would be a recommended order to Administrator Balczun for his approval or not, and it could end at that stage. If the employee is dissatisfied with what Administrator Balczun rules after the hearing, it would then come before the Commission. Chairman Scurlock understood then that this Board is only here as an appeal beyond Administrator Balczun's decision. Attorney Vitunac advised that it is the legal opinion of.his entire staff that the County's interests would be best supported by reinstating Mrs. Kiser, since the entire issue has been so tied up with her involvement with the New Beginnings clinic under a complicated set of facts. Staff feels that the subsequent firing of her would be looked at as retribution for not going through the New Beginnings clinic. He recommended that the County reinstate Mrs. Kiser and issue a warning on all the charges that were in her file: 1) No posters 2) No drinking beer during inventory after hours 3) Stay on the job when she is supposed to be on the job 4) No borrowing from petty cash 30 AUG 2 1988 Boos 73 Fac�:j1