Hawthorne Municipal Code Ch. 2.52 Punitive Action and Appeals

Each of the following constitutes cause for discipline of all officers and employees in the classified service;

A. Fraud in securing appointment:

B. Incompetency;

C. Inefficiency;

D. Inexcusable neglect of duty;

E. Physical or mental disability;

F. Insubordination;

G. Dishonesty;

H. Drunkenness on duty;

I. Addiction to the use of narcotics or habit-forming drugs;

J. Inexcusable absence without leave;

K. Conviction of a felony or conviction of a misdemeanor involving moral turpitude;

L. Discourteous treatment of the public or other employees;

M. Improper political activity;

N. Wilful disobedience;

O. Misuse of city property;

P. Violation of Chapter 2.18 or Chapters 2.30 through 2.52 or civil service commission rulings;

Q. Any other failure of good behavior during on-duty or off-duty hours which is incompatible with or inimical to the public service;

R. Failure to take and subscribe to an oath for the upholding of the Constitution of the United States, Constitution and laws of the state, and the laws of the city of Hawthorne;

S. Advocate the overthrow of lawful government by force or violence.

(Prior code § 2-399.60(a) through (h), (j) through (l) and (n) through (u))

The city council, the civil service commission, the city manager, the department head, or any persons authorized by those cited may take punitive action against an employee or officer for one or more of the causes for discipline specified in Chapter 2.18 or Chapters 2.30 through 2.52 by instituting charges in a prescribed manner directly before the civil service commission.

Any elector, member of the classified service, or other officer of the city may file charges for punitive action with the department head. If the department head does not act to the satisfaction of the person submitting charges within ten days, an appeal may be taken to the city manager. If the city manager does not act to the satisfaction of the person filing charges within ten days, an appeal may be taken to the civil service commission.

(Prior code § 2-399.61)

Punitive action is valid only if a written notice is served on the officer or employee specifying the nature of the charge made, the disciplinary action sought, and the agency with which the charge has been filed. If charges have been filed with the department head, the employee or officer shall be entitled to three days' notice before action may be taken. If charges have been filed with the city manager, the employee or officer shall be entitled to three days' notice before action may be taken. If charges have been filed with the civil service commission, the employee shall be entitled to ten days' notice before action may be taken.

(Prior code § 2-399.62)

All officers and employees shall be entitled to an immediate audience and hearing with the department head or city manager upon demand after receiving notice of charges. For proceedings before the civil service commission, an employee or officer must file with the board a written answer to the notice within ten days of receipt of the notice of charges, otherwise punitive action may be taken without recourse. Said answer may consist of a general or specific denial and shall automatically be deemed a request for hearing or investigation.

(Prior code § 2-399.63)

Under extremely provoking conditions, nothing in Chapter 2.18 or Chapters 2.30 through 2.52 shall prevent the city manager or a department head from summarily disciplining a subordinate. Summary discipline shall not require three days' notice. An employee who has been summarily disciplined may petition the civil service commission for a review of said disciplinary action within ten days.

(Prior code § 2-399.64)

All petitions for review of disciplinary action, appeal or other types of grievances shall be made to the civil service commission within ten days of the action for which relief is sought. The civil service commission shall, within twenty days after receipt of the petition or answer to a notice of charges, hold a hearing. The director shall notify the person requesting the hearing and all other interested persons of the date of said hearing and shall publicly post in the lobby of the City Hall a notice of the time and place.

(Prior code § 2-399.65)

Failure of the officer or employee to appear at the hearing without first being excused by the commission shall be deemed a withdrawal of his answer or petition for relief and the action of the punishing agency shall stand. Testimony either by deposition or at the hearing both for the accused and the accuser may be examined, and the commission may examine or cause any person to be examined concerning the facts and circumstances giving rise to the hearing. The city attorney shall act as examiner for the board, but shall not act either as prosecutor or as defense counsel, but merely as counsel for the board to render such assistance as the board may desire.

(Prior code § 2-399.66)

The accused shall be entitled to a fair, impartial and unbiased hearing, and may be represented by counsel if he so desires, and may require the issuance of subpoenas for witnesses and evidence at his expense.

(Prior code § 2-399.67)

Hearings may be informally conducted and the rules of evidence do not apply. In any investigation and hearing conducted by said board or commission, it shall have the power to examine witnesses under oath and compel their attendance for the production of evidence before it by subpoenas issued in the name of the city and attested by the city clerk. It shall be the duty of the chief of police to cause all such subpoenas to be served. Refusal of a person to attend or to testify in answer to such a subpoena shall subject said person to prosecution in the same manner as set forth by law for failure to respond to a subpoena issued by the city council.

(Prior code § 2-399.68)

Punitive action, including summary discipline, may include dismissal, suspension, demotion or reduction in pay.

(Prior code § 2-3 99.69)

Upon the failure of the city manager and the department head to alleviate a grievance of any member in the classified service, an employee may appeal to the civil service commission for a hearing of his grievance.

(Prior code § 2-399.70)

Upon the conclusion of any investigation, hearing, review or appeal, and within ten days thereafter, the commission shall cause its findings and recommendations to be prepared in writing and shall certify the same. The director shall deliver a copy of such findings and recommendations to all persons or agencies affected by the decision. Any member of the commission may submit a minority or supplemental report which shall be filed as a permanent record by the director. The punitive action taken by any authorized person or persons shall stand unless modified or revoked by the commission. If the board finds that the cause or causes for which the punitive action was imposed or requested to be imposed were insufficient or not sustained, or that the employee was justified in the course of conduct upon which the causes were based, it may modify or revoke the punitive action and may order the employee returned to his position either as of the date of punitive action or as of such later date as it may specify.

(Prior code § 2-399.71)

The findings of the civil service commission shall be final and absolute.

(Prior code § 2-399.72)