Loading...
HomeMy WebLinkAboutReso 1977-8970"- RESOLUTION NO. 897(1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENT TO CIVIL SERVICE RULE VIII SEPARATIONS The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that Rule VIII - Separations, of the Civil Service Rules of the City of Chula Vista be, and the same is hereby amended as shown in Exhibit "A", attached hereto and in- corporated herein by reference as if set forth in full. Presented by Approved as t form by ~~ ~ ~'~~ i r ~~--~ , ,~~-~~i Adolph Bigge Dir or of George D. Lindberg, City Attorney Personnel ADOPTED AND APPROVED by the CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 10th day of January 1978, by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Cox, Hyde, Scott NAYES : Counci lmen_ Nc~n P ABSENT: Councilmen None ~ `~~ Mayor of the City of ula Vista ATTES //' City Clerk STA(TTE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. _ and that the same has not been amended or repealed. DATED City Clerk RULE VIII SEPARATIONS SECTION 1. CAUSE FOR SUSPENSION, DEMOTION OR Any of the following shall be~deemed sufficie suspension, der.-otion, reprimand, transfer, or in the classified service; though charges may causes, such as those enumerated in Rule III, ' ~ E~BIBIT REMOVAL ~~~ `"""~" nt causes for the removal of any person be based on other Section 6. (a) Ti-at the employee has some permanent or chronic physical ailment or defect which incapacitates him or her from the proper performance of assigned duties. (b) That the employee has been convicted of a criminal offense involving moral turpitude, which shall be construed to mean any act of baseness, vileness or depravity; or any act contrary to justice and honesty; or any act done with deception, or through corrupt motives. (c) That the employee has caused damage supplies. (d) That the employee r-a lure is{-a l i t ca her employment. through negligence or willful misconduct to public property or waste of public has been guilty of conduct of such a uses discredit to the agency or his or (e) That the employee has been absent without leave, contrary i:o tl-e rules of the Commission, or has failed to report after leave of absence has expired, or after such leave of al-sence has been disapproved or revoked and cancelled by t:he Commission; provided, however, that if such absence or failure to report is excusable, the Commission may dismiss the charges. (See Section 4 of this rule.) (f) That the employee is incompetent or inefficient in the performance of his or her duty. (g) That the employee has violated any lawful or official regulation or order or failed to obey any lawful and reasonable direction given by the employee's superior officer when such an act results in loss, inconvenience, or injury to the City or the public. (h) That tl~e employee has solicited or taken for personal use a fee, gift or other valuable thing in the course of ;pis or her work, or in connection with the contributing party's expectation or hope of receiving favorable or better treatment than that afforded other persons. (i) That the employee has hindered the regular or normal operation of the department or division because of excessive absenteeism. (j) That the employee has violated the provision of Section 809 of the City C{-after. SECTION 2. DEFINITION OF DEMOTION /1 reduction in pay shall be a demotion, unless it is part of a plan to reduce salaries and wages in connection with a general economy of curtailment program. SECTION 3. PROCEDURE FOR DISCIPLINARY .ACTION AND APPEAL (a) The appointing authority may, for disciplinary purposes suspend without salary any officer or employee holding a position in the classified service for not more than an aggregate of ninety (90) days in a calendar year. (b) Employees suspended, demoted or discharged shall be given a pre-disciplinary hearing, including advance notification and an opportunity to respond. The administrative pro- cedures required for the conduct of a pre-disciplinary hearing, and the safeguards insuring due process to each employee are codified in full as Section 209 of the Administrative Manual. (c) Req_ui_red Notice: Upon completion of the pre-disciplinary hearing, and upon determination that probable cause exists ~~or disciplinary action, a written statement constituting the notice and order of such action shall immediately be served on the employee, with copies to the Director of Personnel and the City Manager. The notice shall advise the employee of his or her right to appeal if the employee i~as attained permanent status in the Classified Service of the City. (d) Appeal and Re uest for Hearing: If an employee, with appeal rights, having been issued the notice of disciplinary action, , desires to appeal the action, he or she shall within ten (10 ), calendar days from the date of receiving the charges, appeal !, to 'the Commission by filing a written answer to the charges and a request for hearing. The appeal shall be filed in the office of the Gity Clerk and with the Commission, with copies to the disciplinary authority (department head) and the Director of Personnel. (c) ~I~inir~ for He~~rin_d_: The Commission shall, within a reasonable i, i uie and no t to exceed thirty ( 30 ) calendar days from the fil~iny of the appeal, commence the hearing thereof, and shall, without delay, fully hear and determing the matter, and either affirm, modify or revoke such order. Any employee, having filed an appeal with the Commission and having been notified of the time and place of the hearing, who fails to make an appearance before the Commission, either in person or through an attorney, may be deemed to have abandoned his or her appeal. In this event, the Commission may, at its discretion, dismiss the appeal. SECTION 4. CONDUCT OF THE HEARING !'~!. +~c,~rings and investigations before the Commission shall be ~;c~vc~t~ri~'d by these rules of practice and procedure; and in the conduct tr.•'r~ec~f the Commission shall not be bound by technical rules of ev~d~'nc~', nor steall informality in any of the proceedings, or in the taking testimony invalidate any order, decision, rule or regulation made, approved or governed by the Commission. (a) Upon appeal, all parties shall 'nave the right to: (1) an impartial hearing (2) present evidence (3) call witnesses (4) cross-examine adverse witnesses (5) representation by counsel (6) discovery, as in Civil cases (b) The order of presentation in any hearing of complaint sha11 be as follows: (1) The appointing authority shall present the evidence in support of the charges and subsequent disciplinary actions. (?_) The employee shall produce such evidence as he or sloe may desire to offer in defense. (3) The parties in interest may offer rebuttal evidence. (c) Testimony taken at the hearing shall be under oath and shall be recorded by the secretary. The secretary shall administer the oath, and shall be responsible for preparing and certifying a transcript of all proceedings and testimony of material w itness(es) so that copies may be provided any principal to the action. Si=C ~ 10i~ 5. SUSPENSION BEFORE HEARING r1ii~~re ~~~~ ,,;~pe~~l is taken to the Civil Service Commission from an order of dismissal, the vacancy in the position shall be considered a teu~irorary vacancy pending final action by the Civil Service Commission and may be filled only by a temporary or interim appointment. SECTION 6. FINDINGS AND DECISIONS The findings and decision of the Commission .shall be in writing and shall state as to each charge whether or not such charge is susi;ainc~d. The Commission shall also set forth in writing its cc~~~r:l~i~;ic~ns and recommendations based upon such findings and, ~•lit~rir~ cc~n (10) calendar days after concluding the hearing, shall cei~;~ir;~ i i.s i~ i nd i nys, conclusions and recommendations to the ~a;~~~o i u L i nci authority, Director of Personnel , and the City P1anager. Tiic~r•cuporr, the appointing authority shall make such final disposition of the matter as may be determined by the Commission, and will pro- vide a copy of the Commission's decision to the employee. In an appeal of a disci~arge, the Commission may at its discretion: (a) Order the restoration of the employee to the position without loss of pay, or with reduced pay during the period between the filing of the charges and the making of the order. (b) Order the demotion of the employee to a class for which a lower maximum rate of compensation is prescribed. (c) Order the removal of the employee from the position; firovided the Commission may at its discretion place the name of the employee on the eligible list for the class .or certification to a different department. In the appeal of a suspension the Commission may at its discretion: (~,) ~onf-irm the suspension, modify the suspension, or order i;hc restoration of the employee to the position without loss o~ pay or with reduced pay during the period between the filing of the charges and the making of the order. SEC1°IOfd 7. RECORD FILED /1 copy o~ tine original charges and notice in a~riting, a copy of the einploye~e response, together with a copy of the findings, r~ecomnic~ndai:ions and conclusions of the Commission shall be filed as.a public record in the office of the Commission.