Final Rules (Amended 2022 09 19)_Rule 1 Corrected (1) - Flipbook - Page 55
RULE 11
the propriety of the discipline other than for the reasons set forth in Rule 11.16. Upon
conclusion of deliberations, the Commission shall report out in open session its decision
and formally close the hearing.
The decision of the Commission shall be binding.
b.
Hearing Officer: In cases where the Commission has been recused in accordance with
Rule 11.13 (b) the hearing officer shall deliberate and make a final decision on the case.
The hearing officer shall have no authority to substitute his/her judgment as to the propriety
of the discipline other than for the reasons set forth in Rule 11.16.
The hearing officer or board shall submit the findings and decision to the Human
Resources Director, parties and the parties’ representative.
11.16
Decision:
a.
Modification/Rejection of Disciplinary Action: The Commission may only modify or reject
a disciplinary action on one or more of the following basis:
(1) There is no substantial evidence to support the need for the disciplinary action.
(2) The disciplinary action taken resulted from discrimination on the basis of race, color,
gender, national origin, marital status, religion, age, disability, political affiliation, sexual
orientation / identification.
(3) The disciplinary action taken was arbitrary, unreasonable or excessive.
b.
Employees Deprived of Due Process: If the Commission, Hearing Officer or Board
concludes that the procedures for disciplinary actions were not properly followed, and such
failure deprived the employee of due process and caused the employee a loss of wages, the
Commission, Hearing Officer or Board may order that back pay be awarded or other such
remedy to correct the deficiency imposed on the employee.
11.17 Time Frame for Written Findings and Decision: Written findings and decision of the
Commission shall be rendered within fifteen (15) working days after the closing date of the hearing or
after the date of the Commission meeting at which the recommendations of the Hearing Officer or Board
are filed for review, and shall thereupon be directed to the proper authorities and the affected employee,
unless extended by mutual consent of both parties.
The decision of the Commission shall be binding, except in the case where the appointing authority is the
City Council, in which case the decision may be modified or overruled by a majority vote of the City
Council.
11.18 Execution of Decision: It shall be the duty of the Human Resources Director to keep the
Commission fully informed of the final execution of its decision, and to assist the appointing authority in
such execution when requested.
In the event the employee is reinstated after Dismissal by the Civil Service Commission following a hearing,
the employee shall be reinstated to duty with such salary and other accrued benefits as would have been
payable for the period reinstated, less amounts the employee earned or could reasonably have earned
during that period, and any other payments required by federal or state law.
11.19 Judicial Review: Either the City or the employee may seek judicial review and appeal the final
decision of the Commission, pursuant to California Code of Civil Procedure, Section 1094.5. An
employee whose appeal is denied or modified by the final decision of the Commission shall be advised
that the time to seek judicial review is set forth in California Code of Civil Procedure, Section 1094.6.
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