Daly City Municipal Code Art. V Suspension, Removal, Reduction in Personnel

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, the city council may abolish any position or employment in the classified service and discharge the employee holding such position or employment. Should such position or employment or any position involving any of the same duties be reinstated or created within two years, the employee discharged shall be eligible to be appointed thereto in preference to any other qualified persons on the eligible list for such position.

(Prior code § 20-25)

The city manager and any other appointing officer or department head in whom is vested disciplinary or removal power, shall be allowed full freedom in his action on such matters, it being the intent and spirit of this chapter to provide a fair and just approach to municipal employment for every inhabitant of the city in order that city employees may be selected on a basis of merit, but in no sense to handicap or curtail the responsible administrative officer in securing efficient service.

(Prior code § 20-26)

A reduction in pay shall be deemed a demotion within the meaning of this article unless such reduction is part of a general plan to reduce all salaries and wages as a part of an economy or general curtailment program.

(Prior code § 20-27)

All persons holding positions in the classified service shall be subject to suspension without pay for a period not exceeding thirty days, and also to demotion or removal from office or employment for misconduct, incompetency, inefficiency or failure to perform duties or to observe the rules and regulations of the department, office or board.

(Prior code § 20-28)

Employees in the classified service who are suspended, demoted or removed pursuant to Section 2.38.280 shall have the right of appeal to the personnel board in the manner set forth in the rules and regulations.

(Prior code § 20-29)

Any employee in the classified service who is suspended, demoted or removed pursuant to Section 2.38.280 shall be entitled to receive a written statement of the reasons for such action within three days and he shall have three days' time thereafter to answer in writing thereto. In the event such employee files an answer, a copy of such written charge and of such answer shall be filed with the personnel clerk.

(Prior code § 20-30)

Any employee who has been suspended, demoted or removed from office, within ten days after filing his answer pursuant to Section 2.38.300, or in the event written charges have not been made available to him or her within the time prescribed, then within ten days after the expiration of the period within which such written charges should have been made available, may file a written demand with the personnel officer requesting that the personnel board review such suspension, demotion or removal, in which event the personnel officer shall, without delay, file a copy of such reasons and the answer of the employee, together with such other information as may be provided for in the rules and regulations, with the personnel board.

(Ord. 898 § 2, 1979: prior code § 20-31)

The personnel board may make or cause to be made such investigation as it may deem necessary for the review provided for by Section 2.38.310 and thereafter shall hold a public hearing, at which time it shall hear evidence for and against the party aggrieved.

(Prior code § 20-32)

Hearings conducted pursuant to Section 2.38.320 may be informally conducted and the rules of evidence need not apply. Written conclusions or findings of the personnel board shall be rendered within ten days after the matter is submitted, and thereupon be certified to the city council or official from whose order the appeal was taken. Such findings and conclusions of the personnel board may contain such recommendations as the board shall deem warranted. The city council or the appointing officer may thereupon affirm, revoke or modify the action taken as in the judgment of the city council or such officer is warranted. The decision and recommendations of the board of review and any action taken by the city council or appointing officer shall be final and conclusive and shall not be reviewable in any court.

(Prior code § 20-33)