Parlier Municipal Code Ch. 4.02 Personnel Board

A. There is created a personnel board to consist of three and one public member appointed by the city council.

B. The members shall serve for a period of four years. The personnel board shall adopt rules of procedure and shall select a chairperson from among its members who shall act as presiding officer.

C. Vacancies on the personnel board shall be filled in the manner prescribed for the unexpired term. Each member shall serve until a successor is appointed and qualified. Members of the personnel board shall serve at the pleasure of the city council. They may be removed from office at any time, with or without cause, upon a majority vote by the city council.

D. No person shall be appointed to the personnel board who holds any paid employment with the city.

E. The personnel board shall have the power to examine witnesses under oath, the power to compel the attendance of witnesses, and the power to require the production of evidence by subpoena. Subpoenas shall be issued in the name of the city and attested by the city clerk.

F. Each member of the personnel board shall have the power to administer oaths to witnesses.

(Ord. 02-08 §1, 2002: Ord. 97-4 §1(part), 1997).

A. The personnel board shall determine the order of business for the conduct of its meetings, and shall meet in accordance with the procedures set forth in the personnel ordinance and rules.

B. The board shall hear and consider all appeals submitted by any person in the competitive service relative to any punitive or disciplinary action of dismissal, demotion, reduction in pay or suspension for a period of five days or more.

C. To the extent required by state law, the board shall hear and consider all administrative appeals of punitive action against members of the police department.

D. The board may affirm, revoke, or in any way modify the disciplinary action imposed by the department director including, where appropriate, the imposition of more severe penalties than imposed by the department director as well as less severe penalties. The personnel board shall not be limited to suspensions of thirty days if it determines that a longer period is warranted.

E. In exercising its duties and responsibilities, the personnel board shall consider whether the action taken by the department director was reasonably justified under the circumstances. The board shall not attempt to substitute its managerial philosophy for that of the department director. Nor shall it attempt to interfere with the managerial discretion or prerogatives of the department director. The appropriate consideration of the board is whether the action appealed from was unreasonable or excessive.

(Ord. 97-4 §1(part), 1997).

The personnel board shall hold meetings at such time and place as requested by the personnel officer or as designated by the chairperson or a majority of the members of the board. Any meeting may be adjourned to a time certain and to a place designated by the chairperson. A majority of the members of the board shall constitute a quorum for the transaction of business, except that all members of the board must be present for disciplinary appeal hearings, unless waived by all parties. Meetings shall be conducted in accordance with such rules of procedures as may be adopted by the board.

(Ord. 97-4 §1(part), 1997).

Meetings of the personnel board shall be conducted in accordance with state law and shall be open and public, provided that hearings relating to complaints or charges brought against employees of the city shall be held in private unless the employee requests a public hearing. The board may exclude from any such public or private hearing, during the examination of witnesses, any or all other witnesses in the matter being investigated or considered.

(Ord. 97-4 §1(part), 1997).