Chino Municipal Code Ch. 2.64 Appeal of Administrative Decisions

Nothing in this chapter shall be construed to grant any additional substantive rights to any employee or officer of the city, which such officer or employee is not otherwise entitled under the city's personnel ordinance, personnel rules and regulations, or any memorandum of understanding. The purpose of this chapter is merely to limit the right of any city officer or employee to appeal any suspension, demotion, or dismissal from the city's employment, provided the officer or employee was otherwise entitled to some sort of preremoval procedural safeguards by the city.

(Ord. 78-2 § 6, 1978.)

For purposes of this chapter, the following definitions shall apply:

A. "Decision," as used in this chapter, means administrative decisions made after hearing, suspending, demoting, or dismissing an officer or employee, revoking or denying an application for a permit or a license, or denying an application for any retirement benefit or allowance.

B. "Party," as used in this chapter, means an officer or an employee who has been suspended, demoted or dismissed; a person whose permit or license has been revoked or whose application for a permit or license has been denied; or a person whose application for retirement benefit or allowance has been denied.

(Ord. 78-2 § 1, 1978.)

Judicial review of any decision of the city or any commission, board, officer, or agent thereof may be had pursuant to section 1094.5 of the Code of Civil Procedure only if the petition for Writ of Mandate pursuant to such section is filed within the time limits specified in this chapter.

(Ord. 78-2 § 2, 1978.)

Any petition for Writ of Mandate shall be filed not later than the ninetieth day following the date on which the decision becomes final. If there is no provision for reconsideration of the decision and any applicable provision of any ordinance, resolution, or rule for the purposes of this chapter, the decision is final on the date it is made. If there is such provision for reconsideration, the decision is final for the purposes of this chapter upon the expiration of the period during which such reconsideration can be sought; provided, that if reconsideration is sought pursuant to any such provision, the decision is final for the purposes of this chapter on the date that reconsideration is rejected.

(Ord. 78-2 § 2, 1978.)

The complete record of the proceedings shall be prepared by the city or its commission, board, or agent which made the decision and shall be delivered to the petitioner within ninety days after he has filed a written request therefor. The city may recover from the petitioner its actual costs for transcribing and otherwise preparing the record. Such record shall include the transcript of the proceedings, all pleadings, all notices and orders, any proposed decision by a hearing officer, the final decision, all admitted exhibits, all rejected exhibits in the possession of the city or its commission, board, officer or agent, all written evidence, and any other papers in the case.

(Ord. 78-2 § 4, 1978.)

A. If the petitioner files a request for the record as specified in section 2.64.050 of this chapter within ten days after the date the decision becomes final as provided in section 2.64.040, the time within which a petition pursuant to section 1094.5 of the Code of Civil Procedure may be filed shall be extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the petitioner or his attorney of record, if he has one.

B. In making a final decision as defined in section 2.64.040, the city shall provide notice to the party that the time within this judicial review must be sought is governed by this chapter.

(Ord. 78-2 § 5, 1978.)