2.36.350 Disciplinary action—Hearings | San Luis Obispo Municipal Code

2.36.350 Disciplinary action—Hearings.

A. Date. Within five business days of receipt of an employee appeal (except an employee represented by the police officers’ [SLOPOA] or firefighters’ [SLOFA] associations) under Section 2.36.340(A), the personnel director, following consultation with the chairperson of the personnel board, shall set a date and time for a hearing before the personnel board.

B. Date. Within five business days of receipt of an employee appeal from an employee represented by SLOPOA or SLOFA under Section 2.36.340(B), the personnel director shall obtain from the State Mediation and Conciliation Service a list of five potential hearing officers. Following a random determination of which party begins, the parties (city and appellant) shall alternately strike one name from the list until only one remains. The personnel director shall then set a date and time for a hearing before the hearing officer.

C. Notification. When a hearing on any disciplinary action is to be heard, the personnel director shall notify the employee requesting the hearing and the appointing authority from whose action the appeal is being taken, of the date, time and place of the hearing.

D. Public or Closed Hearing. The hearing may be public or closed, at the employee’s option.

1. The employee requesting the hearing shall not be required to appear at the hearing; provided, however, that the city shall have the right to call as a witness and examine the employee requesting the hearing as if under cross-examination.

2. The employee may be represented by any person, including a representative of a recognized employee association.

3. Unless otherwise mutually agreed upon by the employee and the city’s representative, during the hearing any witnesses to be called by either the employee or the city shall be excluded from the hearing room unless actually testifying. Provided, that the employee and city each may designate a person, who shall not be subject to exclusion who has investigated the matter at issue in the hearing and whose assistance during the hearing is necessary to the efficient conduct of the hearing.

4. The hearing shall be presided over by the chairperson of the personnel board or the chairperson’s designated representative on the board (hearing officer for employees represented by SLOPOA or SLOFA).

5. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses, but the hearing shall be conducted in a manner most conducive to determination of the truth. Any relevant evidence shall be admitted if it is the sort of evidence which responsible persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. Decisions made by the personnel board or hearing officer shall not be invalidated by any informality in the proceedings, and the personnel board shall not be bound by technical rules of evidence.

6. The personnel board or hearing officer shall rule on the admission or exclusion of evidence and application of other rules of law with the assistance of its legal advisor.

7. The hearing shall proceed in the following order unless the personnel board otherwise directs:

a. City’s representative and the employee may make opening statements;

b. City’s representative shall present evidence in support of city’s position; employee may cross-examine city’s witnesses;

c. The employee may present evidence in his/ her own behalf; city’s representative may cross examine the employee’s witnesses;

d. Both the city’s representative and the employee may then present rebuttal evidence, unless the personnel board or hearing officer for good reason permits additional evidence upon the original cases;

e. City’s representative and the employee may make closing arguments.

8. Each party may impeach any witness regardless of which party first called the witness.

9. No still or moving photography or pictures of any kind shall be taken in the hearing room during the hearing.

10. Prior to or during a hearing the personnel board or hearing officer may grant a continuance for any reason it believes to be important to its reaching a fair and proper decision.

11. Upon conclusion of the hearing the personnel board may deliberate its decision in executive session. No persons other than members of the personnel board shall participate in the deliberations; provided, that the board may request the attendance of its legal advisor for the sole purpose of rendering legal advice.

1. No later than twenty calendar days following conclusion of the hearing, the board or hearing officer shall prepare findings and recommendations for submission to the council.

2. At a minimum, the personnel board or hearing officer shall find whether the city has substantiated the charges in support of the disciplinary action. It shall base its findings on the preponderance of the evidence. Findings shall be made as to each charge. If the personnel board or hearing officer finds that none of the charges are supported by the evidence presented, the recommendation shall be that no disciplinary action be taken. If the personnel board or hearing officer finds that any or all of the charges are supported, it shall either:

a. Recommend that the imposed disciplinary action be earned out;

b. Recommend such other disciplinary action deemed appropriate under the circumstances; or

c. Recommend that no disciplinary action be taken.

3. The personnel board or hearing officer findings and recommendations shall be filed as a permanent record with the personnel director. The personnel director shall deliver a copy of the findings and recommendations to the council, the employee, the city clerk, the city administrative officer, and to the appointing authority from whose action the appeal was taken.

1. The council shall review the findings and recommendations and the record of the hearing. The council shall then determine whether the disciplinary action imposed by the appointing authority is proper, and shall make appropriate findings. If it is determined by the council that the action of the appointing authority is proper or that other action is proper, the employee shall be notified in writing of the findings and order, and no further action shall be necessary. If it is determined that no discipline shall be imposed the action shall be rescinded and the employee’s records and pay shall be appropriately adjusted.

2. The council’s findings and order shall be filed with the city clerk.

3. The action of the council shall be final. (Ord. 1147 § 1 (part), 1989: prior code § 2706.3)