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Request from Culver City Employees’ Association (CCEA) to Appeal a Disciplinary Action and Schedule an Open Hearing
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Meeting Date: July 2, 2018
Contact Person/Dept: Serena Wright-Black/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 (06/28/18); (Email) All City Staff (06/28/18)
Department Approval: Serena Wright-Black, Director of Administrative Services (06/26/18)
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RECOMMENDATION
Staff recommends that the Civil Service Commission discuss the request to appeal a disciplinary decision. The Commission shall determine whether to schedule the hearing, including a pre-hearing conference; or in the alternative, refer the matter to a hearing officer.
The Chair and Commissioners are advised to have their calendars available to potentially schedule dates for a pre-hearing conference and hearing, in the event the Commission elects to conduct the hearing.
BACKGROUND/DISCUSSION
On March 16, 2018, the Transportation Department provided a disciplinary notice for a one-day suspension to an employee for violation of the Civil Service Rules and Transportation Department Regulations.
Grounds
The disciplinary action is for causes specified below:
A. Civil Service Rules 11.3.f: Absenteeism or tardiness which interferes with the effective and efficient performance of job duties or has a negative impact on department operations or budget
B. Civil Service Rules 11.3.s. (6): Failure to meet job performance standards
C. Culver CityBus Operators’ Manual Section 4.0 Miss-out, as amended on September 21, 2015.
The employee was afforded due process rights in a Skelly meeting conducted on March 26, 2018 and issued final notice of discipline on May 2, 2018.
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 decide if the parties will be required to attend a pre-hearing conference, as set forth in Civil Service Rule 11.14.
MOTION
That the Civil Service Commission:
1. Schedule dates for a Disciplinary Appeal Hearing for one Transportation Department Employee, including a Pre-Hearing Conference, if desired.
OR
2. Refer the request to appeal the disciplinary action to a hearing officer or board pursuant to Civil Service Rule 11.13