Torrance Municipal Code Art. 47 Suspension, Demotion and Discharge

(Amended by O-3020; O-3100)

A department head, with the approval of the City Manager, for misconduct, incompetency, inefficiency, failure to perform duties or to observe the rules and regulations of his department or of the City:

a) May suspend any employee in his department without pay for a period not to exceed thirty (30) consecutive days; or

b) May demote any such employee to a classification which he is qualified to fill; or

c) May discharge any such employee.

(Amended by O-3100)

a) Nothing in this Article shall be deemed to supersede any provisions of the City Charter regarding the City Manager’s disciplinary powers over department heads.

b) Nothing in this Article shall be construed to limit any of the rights granted a peace officer by the Public Safety Officers’ Procedural Bill of Rights Act.

a) In the event that an employee is charged by information or indictment with a felony, he may be suspended without pay by his department head with the approval of the City Manager until the case has been finally decided by the Court.

b) In making such determination, the department head and City Manager shall consider the following factors:

1. The relationship between the nature of the felony charged and the duties of the accused employee;

2. The relative effect of retention or suspension on the other employees of the City and the effect on the public;

3. The criminal record of the employee, if obtainable, and his non-criminal record while an employee of the City.

c) If the employee is suspended, the department head and City Manager shall specify to the employee which factor(s), set forth in subsection b), were relied upon in making their decision. The employee shall have the right to appeal the decision of the department head and City Manager to the Civil Service Commission within five (5) days after suspension.

In the event that an employee is accused of a crime, misconduct, incompetency, inefficiency or failure to observe the rules and regulations of his department or of the City, the department head, with the approval of the City Manager, may relieve such accused person of duty with pay or reassign such accused person to other duty within the department pending investigation of such accusation for a period not to exceed ninety (90) days.

The refusal of any employee to testify under oath before a Grand Jury in any Grand Jury investigation of governmental bribery or misconduct in public office, shall constitute good and sufficient ground for the immediate discharge of any such employee.

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

(Amended by O-3100)

a) Prior to the imposition of a suspension, demotion or discharge under the provisions of this Article, an employee shall receive a written statement of charges and notice of the recommended discipline.

b) Any employee recommended for such discipline shall be afforded an opportunity to respond to the charges before the City Manager or his designee in accordance with procedures established by the City Manager. The decision of the City Manager or his designee shall be given to the employee in writing.

(Amended by O-3100)

Any employee who has been suspended, demoted or discharged, may, within ten (10) days following the date of service of written notice of the imposition of discipline as provided by this Code, file a written request with the Civil Service Commission for a review of such suspension, demotion or discharge.

(Amended by O-3260)

a) Upon a written request filed by an employee who has been disciplined under this Article, the Civil Service Commission shall set a date for and hold a hearing, at which time it shall hear evidence for and against the requesting party. Hearings shall be open to the public unless requested to be closed by the employee.

b) Such hearing shall be initiated within fifteen (15) days after receipt by the Commission of the accused employee’s request for review; provided, however, that such period may be extended by the Commission with the consent of all affected parties.

c) The Commission may make or cause to be made such investigation of the matter in question as it deems necessary.

d) Hearings may be informally conducted, and the rules of evidence need not apply.

a) The Civil Service Commission may delegate the holding of the hearing to a committee of the Commission or to a hearing officer. The hearing officer shall be selected by the Civil Service Commission from a list submitted by the American Arbitration Association or State Conciliation Service subject to challenge by either of the parties. The appealing employee and the City shall each have two (2) challenges to the hearing officer selected by the Commission.

b) In such event, the committee of the Commission or the hearing officer shall make findings of fact, conclusions of law, and a recommendation, and shall transmit same to the Commission, together with a transcript of the hearing within ten (10) days of the conclusion of the hearing, or as soon thereafter as practical. The Commission shall thereafter adopt or reject in whole or in part such findings of fact and conclusions of law.

a) In any investigation or hearing conducted by the Civil Service Commission, Committee of the Commission or by such hearing officer, the Commission, Committee of the Commission and such hearing officer shall have the power to examine witnesses under oath and compel their attendance or production of evidence by subpoenas issued in the name of the City and attested to by the City Clerk.

b) It shall be the duty of the Police Chief to cause all such subpoenas to be served.

c) Refusal of a person to attend or to testify in answer to such subpoenas shall subject such person to prosecution in the same manner as set forth by law for failure to appear before the City Council in response to a subpoena issued by the City Council.

d) Each member of the Commission and/or the hearing officer shall have the power to administer oaths to witnesses.

(Amended by O-3100)

a) The Civil Service Commission shall render its decision in writing along with any findings of fact and conclusions of law, within fifteen (15) days after the matter has been submitted, and shall certify such decision within three (3) days thereafter to the City Manager.

b) The Civil Service Commission in making its decision may uphold or reverse in whole or in part the action of the department head in suspending, demoting or discharging the employee; provided, however, that in no case may the Civil Service Commission increase any penalty imposed by the department head. The Commission may reduce a discharge to a suspension not to exceed sixty (60) days.

c) Such decision may contain whatever orders are deemed appropriate by the Commission, and the entire decision shall be binding upon all parties, subject to a right of appeal to the City Council by the appealing employee.

Upon written appeal to the City Council filed with the City Clerk within ten (10) days of the decision of the Civil Service Commission, a hearing shall be conducted pursuant to the provisions of Section 14.47.14. before the City Council at the earliest reasonable time as is consistent with the City Council’s agenda. The appealing and responding parties may be present at the Council hearing and may present written and oral arguments in their favor, and answer any questions from the members of the City Council.

a) The City Council may uphold or reverse in whole or in part the decision of the Civil Service Commission; provided, however, that in no case may the City Council increase any penalty imposed by the Commission. The City Council may reduce a dismissal to a suspension of not to exceed sixty (60) days.

b) The City Council’s deliberations shall be limited to a review of the record on appeal. The record on appeal shall consist only of the following:

1. The written charges, if any, against the employee and his answer, if any:

2. The transcript of the hearing, or any part thereof (if all interested parties so stipulate, the partial transcript shall be sufficient);

3. All other minutes of the Commission and the hearing officer, if any, relating to the matter;

4. Any exhibits admitted into evidence at the hearing;

5. Any memoranda of law submitted to the officer or to the Commission;

6. The decision of the Commission, including its findings of fact and conclusions of law and recommendations, if any;

7. The written exceptions of the parties.

c) In all cases, the City Council shall be bound by the findings of fact of the Civil Service Commission, unless in the opinion of the Council there is no substantial evidence to support the Commission’s decisions. In the event that there is no substantial evidence to support the Commission’s decision, the case shall be returned to the Commission for additional proceedings.

d) Any decision of the City Council to reverse or modify a decision of the Commission shall not be effective unless made by a majority vote of the entire membership of the Council.

No evidence not previously submitted and received into evidence by the Civil Service Commission or hearing officer may be considered by the City Council. Upon a showing to the satisfaction of the Council that new and substantial evidence has been discovered which, with the use of due diligence could not reasonably be expected to have been presented at the hearing before the Commission, Committee of the Civil Service Commission or hearing officer, the Council, at its discretion, shall return the matter to the Commission, Committee of the Civil Service Commission or hearing officer to hear such evidence and for further review.