title
Discussion of (1) Request for Reconsideration of a Prior Action Regarding the Commission Hearing an Appeal of a Disciplinary Action; and (2) If applicable, Scheduling the Additional Closed Appeal Hearing Dates.
body
Meeting Date: September 2, 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 (08/28/2026); (Email) All City Staff (08/28/2026)
Department Approval: Dana Anderson, Chief Human Resources Officer (08/XX/26)
____________________________________________________________________________
RECOMMENDATION
Staff recommends that the Civil Service Commission discuss the request to reconsider the prior decision to schedule a closed hearing for an appeal of a disciplinary action, and determine whether to schedule additional hearing dates.
BACKGROUND/DISCUSSION
On July 27th, 2026, the Vice-Chair and staff held the pre-hearing conference meeting with the legal counsels to the parties for the Commission’s closed appeal hearing scheduled to begin on September 21st, 2026. During the pre-hearing conference meeting, legal counsel for the Department brought forward a scheduling conflict and is no longer available in October 2026 for the calendared hearing dates of October 21st, 2026 through the end of October 2026 and possibly into early November 2026. Therefore, the request to reconsider a prior action regarding the Commission hearing an appeal of a disciplinary action is before the Commission tonight for its discussion to either move forward with hearing the matter as currently scheduled or consider additional hearing dates to accommodate the full length of the hearing.
For the Commission’s background and reference the following actions have occurred prior to this reconsideration request:
• At the March 4, 2026, regular meeting, the Commission reconsidered the request for a closed disciplinary appeal hearing and voted 3-0-1, with one member abstaining, for the Commission to preside over the hearing and scheduled hearing dates beginning on September 21st, 2026 through November 6th, 2026 along with adjusting the pre-hearing conference date to either July 27th, 2026 or July 31st, 2026 depending upon staff’s confirmation of the parties availability.
The Commission’s calendared closed appeal hearing dates include:
§ Monday, September 21st, 2026
§ Wednesday, September 23rd, 2026
§ Thursday, September 24th, 2026
§ Wednesday, October 21st, 2026
§ Thursday, October 22nd, 2026
§ Friday, October 23rd, 2026
§ Monday, October 26th, 2026
§ Wednesday, October 28th, 2026
§ Thursday, October 29th, 2026
§ Monday, November 2nd, 2026
§ Wednesday, November 4th, 2026
§ Thursday, November 5th, 2026
§ Friday, November 6th, 2026
• At the January 7, 2026, regular meeting, the Commission reconsidered the request for a closed disciplinary appeal hearing and voted 3-0-1, with one member abstaining, for the Commission to preside over the hearing and scheduled hearing dates beginning on July 13th, 2026 through July 31st, 2026 along with confirming the pre-hearing conference date of March 19th, 2026.
• 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. 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. Therefore, the Commission’s January 7, 2026, agenda included the discussion of reconsidering the hearing dates and, if applicable, rescheduling the closed appeal hearing.
• 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.
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.
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.
FISCAL ANALYSIS
There is no fiscal impact associated with the Commission’s action on this item.
ATTACHMENTS
None.
Recommended Action
MOTION
That the Civil Service Commission:
1. Consider the request to reconsider the prior action regarding the Commission hearing an appeal of a disciplinary action; and
2. Consider additional hearing dates for the closed appeal hearing and schedule on the Commission’s calendar.