Azusa Municipal Code Div. 8 Suspensions, Dismissals

Footnotes:

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State Law reference— Reduction in personnel by seniority system, Government Code § 45100.

(a) Any person, except a head of a department, in the competitive service shall be subject to suspension without pay by the city council, not to exceed ten working days with right of appeal, resulting from signed written charges referred by the city council to a head of a department as provided in section 2-222, whenever such head of a department so recommends in writing such disciplinary action.

(b) As a means of imposing disciplinary punishment of infractions of a minor nature, the city council may direct the personnel board to prepare rules and regulations whereby a head of a department may suspend an employee under his supervision without pay for a period not to exceed five working days. An employee shall have the right to appeal under this particular subsection.

(Code 1971, § 2.36.010)

Every officer and employee in the competitive service shall retain his office or employment so long as it exists under the same or a different title during good behavior and shall not be removed, dismissed, fined, demoted, reprimanded, suspended, reduced in compensation as a punishment or otherwise penalized except as provided in sections 2-198 and 2-221 and in this section. This section as well as sections 2-198 and 2-221 are subject, however, to every provision of the Constitution of the United States and of the state and applicable state statutes designating general grounds of forfeiture of office or employment or imposing a criminal liability.

(Code 1971, § 2.36.020)

No person who shall have served the probationary period in a permanent office or employment as provided for in this division shall be removed therefrom or penalized in any manner, except upon signed written charges filed with the city council either by the head of a department or by any other person. Such written charges shall be specific as to time, place and circumstances.

(Code 1971, § 2.36.030)

Upon receipt of written charges, the city council may refer the charges to the personnel board for a hearing as provided for in this division or it may refer such written charges, except if filed by a head of a department, to the head of a department for an investigation and a recommendation. The head of a department shall make an investigation of such charges. He may recommend in writing that disciplinary action be taken under the provisions of sections 2-198 and 2-221 or recommend that the personnel board conduct a hearing. Such accused officer or employee shall be afforded any opportunity to be heard in his own defense personally or by counsel.

(Code 1971, § 2.36.040)

(a) If signed written charges are referred to the personnel board for a hearing, the city council may, pending such hearing, suspend the accused officer or employee for not more than 30 days, unless any hearing be delayed beyond that time by act of the accused. A copy of the charges and place of hearing shall be given the accused personally or shall be mailed to him by registered mail at his last known address by the personnel clerk not later than ten days before any hearing. Hearings shall be commenced before the expiration of 30 days from the date such charges are referred by the city council to the personnel board.

(b) The provisions of Government Code §§ 54950—54958, as applicable or amended, shall apply to the kind of hearings to be held under this section or under sections 2-198 and 2-221.

(Code 1971, § 2.36.050)

If the accused officer or employee fails to appear at any hearing as provided in this division without showing good cause for such failure to appear, he may be reprimanded, fined, demoted, dismissed, removed, reduced in compensation or otherwise penalized without further proceedings. If he appears at the time and place set for any hearing, the personnel board shall hear the charge.

(Code 1971, § 2.36.060)

After concluding any hearing as provided in this division, the personnel board within ten days shall certify its findings to the city council that the accused was exonerated, reprimanded, fined, demoted, removed, dismissed, reduced in compensation or otherwise penalized, and except for bad faith or lack of evidence such findings shall be final. For bad faith or lack of evidence, the city council shall be the final review board to whom an officer or employee may appeal under this section; the city council's decision shall then be final.

(Code 1971, § 2.36.070)

An appeal to the city council pursuant to section 2-227 shall be in accordance with the following procedures:

(1) The appeal may be made by either the affected employee or by the department head with the approval of the city manager.

(2) An appeal to the city council shall be perfected by the filing with the city clerk, within ten days after service of notice of the personnel board's action, of a written letter of appeal.

(3) As soon as possible after receipt of such appeal, the city clerk shall cause to be prepared, at the expense of the appealing party, a transcript of the personnel board's proceedings, which transcript shall be transmitted to the city council.

(4) The department head and the affected employee shall have the right to present oral and written argument before the council in accordance with a schedule established by the council at the time it receives the transcript of the hearing. In making its determination, the city council shall only consider the testimony presented at the hearing, documentary evidence received at the hearing and the oral and written arguments of the department head and affected employee. The council shall, by resolution, within 30 days of receipt of the transcript of the hearing of the personnel board, affirm, overrule or modify, in whole or in part, the decision reached by the personnel board. The decision of the city council shall be final and conclusive in all cases.

(5) Pursuant to Code of Civil Procedure § 1094.6, any action to review the decision of the council and the personnel board shall be commenced not later than the 90th day after the date the resolution setting forth the council's decision is adopted.

(Code 1971, § 2.36.075; Ord. No. 98-09, § 2, 6-15-98)

Whenever, in the judgment of the city council, it becomes necessary in the interest of economy or because the necessity for the position involved no longer exists, it may abolish any position or employment in the competitive service and thereby reduce the personnel by laying off employees without the filing of written charges or without the right of appeal. In reducing personnel and laying off any employee through the abolition of position, the city council shall observe the seniority rule. The name of such employee so laid off shall be placed at the top of the appropriate employment list as provided by the civil service system rules.

(Code 1971, § 2.36.080)

The refusal of any public employee employed by the city to testify under oath before the county grand jury in a county grand jury investigation of governmental bribery or misconduct in public office is unlawful, and such refusal constitutes good and sufficient ground for the immediate discharge of the public employee.

(Code 1971, § 2.36.090)