title
Discussion of (1) Reconsideration of a Prior Action Regarding the Commission Hearing an Appeal of a Disciplinary Action; and (2) If applicable, Rescheduling the Closed Appeal Hearing Dates.
body
Meeting Date: January 7, 2026
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 (12/30/2025); (Email) All City Staff (12/30/2025)
Department Approval: Dana Anderson, Director of Human Resources (12/24/2025)
____________________________________________________________________________
RECOMMENDATION
Staff recommends that the Civil Service Commission (1) discuss the request to reconsider the prior decision to schedule a closed hearing for an appeal of a disciplinary action before the Commission, and determine whether the hearing should be heard by the Commission or referred to a hearing officer; and (2) if the Commission elects to preside over the hearing, reschedule the closed hearing dates, including the pre-hearing conference date.
BACKGROUND/DISCUSSION
At the October 1, 2025, regular meeting, the Commission considered the request for a closed disciplinary appeal hearing and voted 3-0, with two members absent, for the Commission to preside over the hearing. In addition, the Commission scheduled the pre-hearing conference for March 19, 2026, with the appeal hearing to begin on or after April 7, 2026, for a total of up to eight (8) hearing dates.
At the December 3, 2025, regular meeting, staff provided an update to the Commissioners that the legal counsel for the department is no longer available in April 2026. Therefore, the Commission’s January 7, 2026, agenda will include the discussion of reconsidering the hearing dates and, if applicable, rescheduling the closed appeal hearing. Chair Van Gelderen also requested, during Items from Commission Members, and received a consensus to agendize the reconsideration of the prior action at the October 1, 2025, regular meeting to hear the appeal of a disciplinary action.
For the Commission’s reference, the Consideration of a Request for a Closed Hearing to Appeal a Disciplinary Action was on the October 1, 2025, agenda. The Commission heard and approved that the Commission will hear the matter and require the parties to participate in the pre-hearing conference process. The staff report provided information about the issued notice of intent to discipline, including that the City issued a notice of intent to discipline for dismissal from employment to an employee on August 11, 2025; the employee was afforded due process rights an opportunity to respond, and provided a written response letter on August 18, 2025; and the final notice of dismissal was issued on August 21, 2025.
The Commission has requested to have this item agendized for its discussion to either move forward with hearing the matter as a Commission or send the matter to a hearing officer. If the Commission chooses to hear the matter, the Commission must then consider new dates for the hearing and pre-hearing conference due to the newly discovered unavailability of counsel.
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 it finds and determines that “the use of a hearing officer would benefit the City and the employee to ensure the expeditious completion of the hearing process.” 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.
In the event the Commission elects to reschedule the appeal hearing dates, the Chair and Commissioners should have their calendars available to reschedule the hearing dates and pre-hearing conference date.
MOTION
That the Civil Service Commission:
1. Determine to move forward with the October 1, 2025, decision to conduct a closed hearing to consider the appeal of the disciplinary action before the Commission.
OR
2. Make the appropriate findings under Civil Service Rule 11.13(a) and refer the requested appeal of the disciplinary action to a Hearing Officer or Board pursuant to Civil Service Rule 11.13(a).
AND, if 1, then
3. Reschedule dates for a pre-hearing conference, if desired, and hearing dates.