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Consideration of a Request for a Closed Hearing to Appeal a Disciplinary Action
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Meeting Date: October 5, 2022
Contact Person/Dept: Dana Anderson / Human Resources
Phone Number: 310/253-5640
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [] Action Item: [X] Attachments: []
Public Notification: (Email) Meetings and Agendas - Civil Service Commission (09/30/22); (Email) All City Staff (09/30/22)
Department Approval: Dana Anderson, Director of Human Resources (09/28/22)
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RECOMMENDATION
Staff recommends that the Civil Service Commission discuss the request to schedule a closed hearing to appeal a disciplinary action, and determine whether to schedule the hearing, including a possible pre-hearing conference, or in the alternative, refer the matter to a hearing officer.
BACKGROUND/DISCUSSION
On June 1, 2022, the Police Department provided a notice of intent to discipline for an eighty-hour suspension to an employee for violations of Culver City Police Department policies and Civil Service Rules.
Grounds
This disciplinary action is for causes specified below:
A. Culver City Police Department Policy Section 322.5.1(b): Disobediences of any legal directive or order by any department member of a higher rank.
B. Culver City Civil Service Rule 11.3 Causes for Disciplinary Action c. (1) Willful disobedience and insubordination, such as: Willful failure to conform to duly issued orders or directions of person in a supervisory position.
The employee was afforded due process rights in a Skelly meeting conducted on June 22, 2022.
The final notice of discipline was issued on July 19, 2022 reducing the discipline to forty-hour suspension.
AUTHORITY
According to Civil Service Rule 11.8, an employee in the classified service who is subject to a disciplinary action has the right to appeal to the Civil Service Commission. Further, Civil Service Rule 11.13 provides authority to the Civil Service Commission, upon majority vote, to appoint a hearing officer to conduct the hearing. If the Commission determines it will hear the matter, the Commission should also decide if the parties will be required to attend a pre-hearing conference, as set forth in Civil Service Rule 11.14.
The Chair and Commissioners should have their calendars available to schedule the pre-hearing conference (if desired by the Commission) and hearing dates, in the event the Commission elects to conduct the hearing.
MOTION
That the Civil Service Commission:
1. Schedule dates for a Closed Hearing to Appeal a Disciplinary Action.
OR
2. Refer the requested Closed Hearing to Appeal a Disciplinary Action out to a Hearing Officer or Board pursuant to Civil Service Rule 11.13.