HomeMy WebLinkAbout1975-06-03; City Council; 3397; Rules of Appeal to Personnel BoardCITY OF CARLSBAD
AGENDA BILL NO.'U U
DATE: June 3, 1975_
DEPARTMENT: PERSONNEL
/7�L
Initial:
Dept.Ud.
C. Atty.V&;
C. Mgr.
Subject: RULES OF APPEAL TO PERSONNEL BOARD
Statement of the Matter
Action by the City Council approving Ordinance No. 1179 established
a Personnel Board. This board has a dual purpose, to serve as a
fourth level of appeal for a classified employee grievance and to
hear nongrievable employee appeals. Existing Personnel System
Rules and Regulations do not prescribe a precise procedure for
implementation of employee appeals, Therefore, Exhibit A is recom-
mended as such a procedure to be included as Rule XV in present
Personnel System Rules•and Regulations,, Resolution No. 1727.
Exhibit ,
Resolution No. •11with Exhibit A.
Recommendation:
if Council concurs, adopt Resolution No.y�� with Exhibit A.
Council Action:
6-17-75 Resolution #3668 was adopted, amending Personnel Rules and
Regulations to provide for the rules of appeal to the
Personnel. Board.
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RESOLUTION NO. 3668
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
THE PERSONNEL RULES AND REGULATIONS OF
SAID CITY BY THE ADDITION OF RULE XVI
TO PROVIDE FOR THE RULES OF APPEAL TO
THE PERSONNEL BOARD.
WHEREAS, the City Council has by ordinance provided
for a Personnel Board to hear certain appeals from employees; and
WHEREAS, Chapter 2.44 of the Municipal Code provides that
the Council may prescribe procedures for such appeals; and
WHEREAS, the existing Personnel Rules and Regulations do
not contain such procedures and the City Council desires to
adopt same and thereby fully implement the Personnel Board;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the Personnel Rules and Regulations are hereby
amended by the addition of Rule XVI, "Rules of Appeal to Personnel
Board",to read as shown on Exhibit A, attached hereto and incor-
porated by reference herein.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 17th day of June , 1975,
by the following vote, to wit:
AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and
Co•incilwoman Casler
NOES: None
ABSENT: None
?•ATE '!`: �` / ROBERT C. FRFZEE, M or
°MAHGA T E. ADAMS City Clerk
EXHIBIT A
RULE XVI. RULES OF APPEAL TO PERSONNEL BOARD
Section 1. Right of Appeal. Any employee in the compe-
titive service shall, within seven days, have the right to
appeal to the Personnel Board any disciplinary action, inter=
pretation or alleged violation of the personnel ordinance,
except in instances where the right of appeal is specifi-
cally prohibited by the personnel ordinance or these rules.
Section 2. Method of Appeal. Appeals shall be in
writing, subscribed by the appellant, and filed with the
personnel officer, who shall, within ten days after receipt
of the appeal, inform each member of the Personnel Board,
the appointing power and such other persons or officers
named or affected by the appeal or the filing of the appeal.
The appeal shall be a written statement, addressed to the
Personnel Board, explaining the matter appealed from and
setting forth therein a statement of the action desired by
the appellant, with his reasons therefor. The formality of
-a legal pleading is not required.
Section 3. Notice. Upon the filing of an appeal,
the personnel officer shall set a date for a hearing on the
appeal not less than ten days nor more than thirty days
from the date of filing. The personnel officer shall
notify all interested parties of the date,_ time and place
of the hearing at such places as the Personnel Board
shall prescribe.
Section 4. Investigation. Upon the filing of an
appeal, the Personnel Board may make such independent investi-
gation of the matter as it may deem necessary. The results
of such investigation shall be made a part of the record of
the proceedings and the appellant shall -have the right to
have a reasonable time within which to answer or to present
evidence in opposition to the findings of this independent
investigation.
Section 5. Hearings. The appellant shall appear
personally unless physically unable to do so, before the ;
Personnel Board at the time and place of the hearings. He
may be represented by any person or attorney as he may
select and may at the hearing produce on his behalf relevant
I oral or documentary evidence. Appellant shall state his
case first and, at the conclusion, opposition matter may
then be presented. Rebuttal matter not repetitive may be
allowed in the discretion of the Personnel Board. Cross-
examination of witnesses shall be permitted. The conduct
and decorum of the hearing shall be under the control of
the Personnel Board by its chairman, with due regard to
the rights and privileges cf the parties appearing before
it. Hearings need not be conducted according to technical
rules relating to evidence and witnesses. Hearings shall
be closed unless the appellant, in writing, requests an
open hearing.
Section 6. Findings and Recommendations. The
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Personnel Board shall, within ten days after the conclusion
of the hearing, certify its findings and decision in writing
to the City Council and to the appellant. The City Council
shall review the findings and recommendations of the Person-
nel Board and may then affirm, revoke or modify the action
taken as, in its judgment, seems warranted, and the action
taken shall be final. Any member of the Personnel Board
may submit a minority or supplemental finding and recommenda-
tion. In case of suspension, discharge or demotion the
appointing power shall reinstate any employee to his former
status if proof is made that the action. vas for discrimin-
atory reasons.
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