Needles Municipal Code Art. 15 XVII Rules Of Appeal

15-96 Right Of Appeals 15-97 Method Of Appeal 15-98 Notice 15-99 Investigation 15-100 Hearings 15-101 Findings And Recommendations

15-96 Right Of Appeals

An employee in the classified service maybe subject to disciplinary dismissal, demotion, reduction in pay or suspension. The employee shall have the right to appeal such disciplinary action to the personnel commission (unless such right is prohibited by the personnel ordinance or Articles II through XVII of this chapter). (Res. No. 7-7-87-2, Rule XVI, (part).)

15-97 Method Of Appeal

Within ten days after receipt of letter of termination/disciplinary action the employee has the right to file with the city clerk a written answer to the charge and request a hearing date for an appeal before the personnel board.

The appeal shall be a written statement, addressed to the personnel commission, explaining the matter appealed from, and setting forth a statement of the action desired by the appellant, with his/her reasons therefor. The formality of a legal pleading is not required. (Res. No. 7-7-87-2, Rule XVI, (part).)

15-98 Notice

Upon the filing of an appeal, the city clerk shall set a date for a hearing on the appeal not less than ten days, nor more than twenty days from the date of filing. The city clerk shall notify all interested parties of the date, time and place of the hearing at least ten days prior to the hearing. (Res. No. 7-7-87-2, Rule XVI, (part).

15-99 Investigation

Upon the filing of an appeal, the personnel commission may make such independent investigation of the matter as it may deem necessary. The results of such investigation shall be made a part of the record of the proceedings. The appellant shall have the right, within a reasonable time not exceeding thirty days, within which to answer or to present evidence in opposition to the findings of this independent investigation. (Res. No. 7-7-87-2, Rule XVI, (part).)

15-100 Hearings

The appellant shall appear personally (unless physically unable to do so), before the personnel commission at the time and place of the hearings. The appellant may be represented by any person or attorney. The appellant may produce relevant oral or documentary evidence. The appellant shall state his or her case first, thereafter the city may present opposition matter. Rebuttal matter, which is not repetitive, may be allowed at the discretion of the personnel commission. Cross-examination of witnesses shall be permitted. The conduct and decorum of the hearing shall be under the control of the personnel commission, by its chairman, with due regard to the right and privileges of 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. (Res. No. 7-7-87-2, Rule XVI, (part).)

15-101 Findings And Recommendations

The personnel commission shall, within ten days after the conclusion of the hearing, certify its findings and recommendation(s) in writing to the appellant, the city manager and the city council. The findings and recommendation(s) of the personnel commission shall specify its recommendations as to whether the action taken should be affirmed, revoked or modified to a lesser degree of discipline by the city council. In no case shall a recommendation to increase the degree of discipline be made. Any member of the personnel commission may submit a minority or supplemental finding and recommendation.
1. The city council shall review the findings and recommendations of the personnel commission and may affirm, revoke or modify the action taken as, in their judgment, seems warranted. The city council shall then direct that the city clerk issue a notice, pursuant to California Code of Civil Procedure Section 1094.6, of its final decision on the matter and of the applicable limitations of the employee’s right to appeal the action. (Res. No. 7-7-87-2, Rule XVI, (part); Res. No. 96-31, § 1.)