Chapter 4.03 — DISCIPLINARY ACTIONS

A.

The following disciplinary actions may be imposed on employees in the competitive service:

Oral Reprimand. A formal discussion with an employee about performance or conduct problems. This action is summarized in writing by the department director or supervisor. The employee may respond in writing to such reprimand. The employee shall not otherwise be entitled to appeal from an oral reprimand. Oral reprimands and employee responses shall not be placed in the employee's personnel jacket.

Written Reprimand. A written document presented to an employee regarding performance or conduct problems. A copy must be provided to the employee with a copy filed in the employee's personnel jacket. Within five working days following service of the written reprimand, the employee may file a written response, the original being directed to the department director or supervisor, and a copy filed in the employee's personnel jacket.

Minor Disciplinary Suspension. An involuntary absence without pay for a period of fewer than five working days.

Major Disciplinary Suspension. An involuntary absence without pay for a period of five or more working days, but not exceeding thirty working days.

Disciplinary Salary Reduction. A reduction in pay from the employee's current step within a pay range to a lower step within that same pay range.

Disciplinary Demotion. Reduction from a position in one class to a position in another class having a lower salary range.

Dismissal. Permanent discharge or removal from city service.

Other Disciplinary Actions. Other action as the department director determines is appropriate.

B.

Employee evaluations shall not be considered disciplinary or punitive action.

C.

Counseling shall not constitute disciplinary or punitive action, although unsuccessful counseling may be considered in the process of progressive discipline.

(Ord. 97-4 §1(part), 1997).

The following shall constitute grounds for disciplinary action against employees in the competitive service:

Incompetency;

Inefficiency;

Inability to perform the major duties and responsibilities of the position;

Insubordination;

Neglect of duty;

Absence without leave;

Dishonesty;

Fraud in securing employment;

Discourteous treatment of the public or other employees;

Drinking alcoholic beverages or consuming other intoxicants on the job, or reporting for work while under the influence of alcohol or other intoxicants;

Use of unlawful narcotics or other unlawful habit forming drugs;

Conviction of any felony or a serious misdemeanor involving moral turpitude which bears a rational relationship to city employment and can reasonably result in the impairment or disruption of city services;

Willful violation of any city ordinance or lawful departmental or city regulation or order;

Improper political activity while on city time or city business;

Any conduct which bears a rational relationship to city employment, and is of a character that can reasonably result in the impairment or disruption of city service;

Persistent failure or refusal to take appropriate and reasonable treatment or corrective measures for a disqualifying physical or mental condition identified in a periodic or special medical examination;

Unjustified and repeated abuse of sick or annual leave.

(Ord. 97-4 §1(part), 1997).

A.

If an employee is disciplined by dismissal, demotion, major disciplinary suspension or disciplinary salary reduction, the employee shall be served with a notice of proposed disciplinary action. Such notice shall:

State the charges and specifications against the employee;

Advise the employee of his or her right to respond, orally or in writing, to the proposed disciplinary order; and

State that the employee's response will be considered before the proposed disciplinary order goes into effect. Such response must be made within five working days from the date of service of the notice, unless the time is extended in writing by the department director. The notice of proposed disciplinary action shall have attached to it copies of all documents considered by the department director in determining to issue such notice.

B.

After consideration of the employee's response to the notice of proposed disciplinary action, the department director may issue an appropriate order. The order will immediately be filed with the secretary to the personnel board and a copy served on the employee and the city manager. The order for disciplinary action shall state that the employee may appeal to the personnel board as set forth in Section 4.03.040 of this chapter.

C.

Service of an order for disciplinary action or any notice required to be given to an employee will be deemed sufficient and complete when delivered in person to the employee to whom it is directed, or when it is sent by certified mail, postage prepaid, to the last known address of the employee.

(Ord. 97-4 §1(part), 1997).

Within fifteen working days of service of the order, the employee must file with the personnel board a written answer, under penalty of perjury, denying those allegations which the employee does not believe to be true and briefly stating the foundations for his or her belief or otherwise explaining the employee's conduct. A copy of the answer with proof of service must be served by the employee on the department director, the city manager, and the secretary to the personnel board. Service will be deemed sufficient and complete when delivered in person to the department director, the city manager and the secretary to the personnel board, or when it is deposited in the United States mail, postage prepaid, addressed to the proper individuals, 1100 E. Parlier Avenue, Parlier, California 93468.

(Ord. 97-4 §1(part), 1997).

Upon failure to file an answer within the times allowed or to appear at the subsequent hearing, the order of the department director shall become final. The personnel board shall have discretion to grant extensions of time to file an answer, but no extension shall be granted except upon notice to the department director and upon an affirmative showing of good cause therefor.

(Ord. 97-4 §1(part), 1997).

Upon receipt from the employee of the answer, the secretary to the personnel board will set a hearing date. In order to provide sufficient time for preparation, the hearing date will not be less than ten days from the date of such receipt. It will be the policy of the secretary to the personnel board to set a hearing date at the earliest time practicable.

(Ord. 97-4 §1(part), 1997).

Notwithstanding the policy of establishing a hearing date at the earliest time practicable, the personnel board shall have discretion to grant a continuance on the motion of either party. No continuance before or during the hearing shall be granted except upon notice to the nonmoving party and upon an affirmative showing of good cause therefor. Unless otherwise stipulated by the parties, the personnel board may, in its discretion, impose the condition of payment of costs occasioned by the continuance on the party moving for the continuance, including any fee charged by the court reporter.

(Ord. 97-4 §1(part), 1997).

A.

Private or Open. Hearings on disciplinary actions shall be in private or closed session, except that at the request of the employee, the hearing shall be held in open session.

B.

Representation. The employee and the department director may be represented by the person of their choice.

C.

Cross-examination. The employee and the department director shall have the right to call and examine witnesses; to cross-examine opposing witnesses on any matter relevant to the issues, even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called such witness to testify; and to rebut any evidence against them. If the employee or the department director does not testify in his or her own behalf, such person may be called and examined as if under cross-examination.

D.

Evidence. Oral evidence shall be taken only on oath or affirmation. The hearing need not be conducted according to technical rules of evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that

they are required to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded.

E.

Order of Presentation.

The department director bringing charges against the employee shall present the case first, and shall be entitled to opening and closing arguments during summation.

The employee appealing from the disciplinary order shall present the case at the conclusion of the presentation of evidence by the department director.

F.

Documents. Each member of the personnel board shall be provided with a copy of the notice of proposed disciplinary action, but not including the documents relied on in issuing the notice, the order of disciplinary action, and the answer.

G.

Irrelevant Matters. The personnel board shall not consider evidence on matters not relevant to the issues and charges set forth in the notice of proposed disciplinary action, the order of disciplinary action or the answer.

(Ord. 97-4 §1(part), 1997).

The personnel board shall issue its findings of fact and conclusions on material issues and decision within twenty days after completion of the hearing. The decision may affirm, revoke or in any way appropriate or modify the order of the department director.

(Ord. 97-4 §1(part), 1997).

The secretary to the personnel board will submit a written record of its findings and decision to the employee and the department director. The findings and decision are also made a part of the minutes of the hearing.

(Ord. 97-4 §1(part), 1997).

All decisions of the personnel board will be immediately complied with by the appropriate parties, unless a petition seeking judicial review or rehearing is filed by the city.

(Ord. 97-4 §1(part), 1997).

A.

If the personnel board revokes the order of the department director, it shall order the restoration of salary and other benefits to the employee in such amount and to such extent as is necessary to return to the employee all salary and benefits due the employee for such period of time as the order of disciplinary action was in effect. Upon the revocation of an order for dismissal, the personnel board shall also order the restoration by the employee of any termination benefits conferred on the employee during such period of time as the disciplinary action was in effect.

B.

If the personnel board modifies the order of discipline imposed by the department director so as to reduce the penalty, it shall order the restoration of net salary, including legal interest thereon, and other benefits in such amount and to such extent as is necessary to return to the employee the amount of salary loss or the deprivation of benefits which was inconsistent with the order of discipline authorized by the personnel board.

C.

In cases of revocation or modification of the order of discipline which have the effect of reducing the penalty, the amount of salary due to the employee shall be reduced by any amount which the employee earned from any other employment or collected from unemployment insurance during the period of time that the discipline was in effect. If the personnel board hearing or decision was delayed as a result of a request for a continuance by the employee, any lost salary occasioned by such employee-requested delay shall be the sole responsibility of the employee and shall not be reimbursable from the city.

(Ord. 97-4 §1(part), 1997).

The failure of an appealing employee to appear either in person or by counsel at the time and place set for the hearing, shall be deemed a withdrawal of the appeal and consent to the action or ruling from which the appeal was made, except upon good cause shown by the employee. Failure of the department director or his or her representative to appear either in person or by counsel at the time and place set for the hearing shall be deemed a withdrawal of the disciplinary action, except upon good cause shown by the department director.

A.

In lieu of immediate imposition of discipline, the department director, in his or her discretion, may order that the disciplinary action shall be effective upon the expiration of the time for appeal or, upon an appeal, when the personnel board's decision is issued. If such an order is served and filed with the personnel board, the time and procedure for appeal shall be the same as is provided in cases of immediate imposition of

discipline, except that the employee shall continue to perform the duties of his or her position during the pendency of the disciplinary proceedings before the personnel board.

B.

If disciplinary action is not immediately imposed, the department director may later, with the approval of the city manager, summarily suspend or impose disciplinary action on the employee without pay during the pendency of the disciplinary proceedings. In no event, however, may any disciplinary action be imposed on an employee prior to the personnel board hearing or expiration of the time within which to appeal the proposed order, without an opportunity for a prior meeting with the department director or the director's designated representative.

(Ord. 97-4 §1(part), 1997).

Either the department director, in the name of the city, or the employee may seek judicial review of the personnel board decision.

(Ord. 97-4 §1(part), 1997).

A petition for rehearing based on newly discovered evidence which could not reasonably have been discovered for the hearing may be filed within thirty days of the personnel board's decision.

(Ord. 97-4 §1(part), 1997).

A.

For written reprimands, minor disciplinary suspensions, and other punitive actions not appealable to the personnel board, the department director shall, prior to imposition of disciplinary action, notify the employee of his or her intention to issue an order for disciplinary action and that the employee may, within five working days of service of the notice, respond in person or in writing, to the proposed order prior to it being put into effect. After considering the employee's response, if any, the department director may issue an order for disciplinary action. The aggrieved employee may, within five working days after service of the order for disciplinary action, appeal to the city manager. Such appeal shall be in writing signed by the employee, and shall state the bases of the appeal.

B.

Within ten working days after submission of such appeal, the city manager or designee, shall conduct an administrative hearing upon the employee's appeal. Such hearing shall be conducted informally, and no rules of evidence shall apply, except that the hearing shall be recorded. The employee may be represented at such hearing by any person.

C.

The decision of the city manager shall be final. The aggrieved employee may file an application for judicial review of such decision with the appropriate court.

D.

The department director may authorize supervisors to impose reprimands.

E.

At the expiration of one year after imposition of a minor disciplinary action, an employee may apply to the city manager for removal of such disciplinary action from the employee's personnel file. The city manager shall have discretion to grant such application where the manager deems it appropriate. The decision of the city manager shall be final. Applications for removal of disciplinary actions shall not be filed more than one time per year.

(Ord. 97-4 §1(part), 1997).