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65D - SAPOA AGMT
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65D - SAPOA AGMT
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Last modified
1/31/2019 7:17:23 PM
Creation date
1/31/2019 7:10:43 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Human Resources
Item #
65D
Date
2/5/2019
Destruction Year
2024
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ARTICLE XVI <br />16.0 DISCIPLINE <br />16.1 Any permanent employee covered by this MOU may only be disciplined in accordance <br />with the standards and procedures and subject to all rights of appeal set forth in Santa <br />Ana Municipal Code Sections 9-9, 9-10, 9-118.1, et seq. Any probationary employee <br />covered by this MOU may be disciplined in accordance with the standards and <br />procedures set forth in Santa Ana Municipal Code Sections 9-90, 9-91, 9-118, and subject <br />to review in accordance with the grievance review procedure contained in this MOU. <br />The City and the Union agree that for suspension, demotion and termination the <br />employee may appeal imposed discipline to the Personnel Board. However, the <br />employee and the City may by mutual agreement, delegate the hearing of the appeal to a <br />Hearing Officer. The Hearing Officer shall be a neutral individual with training and <br />experience in administrative law and due process who shall conduct an evidentiary <br />hearing and make findings on employee disciplinary appeals. The City will request a list <br />of hearing officers from the State Mediation and Conciliation Service and will jointly <br />strike names to select the hearing officer. The first strike will be determined by a flip of a <br />coin. Such findings and recommendations shall be submitted to the Personnel Board. <br />The Personnel Board shall consider the Hearing Officer's report within sixty days after it <br />is issued. The Personnel Board has the power to adopt, modify or reject the findings and <br />recommendations of the Hearing Officer based upon the record. The City shall pay for <br />the Hearing Officer. <br />Per Government Code section 3304.5, the Parties also agree that for any form of <br />"punitive action" as defined by the. Public Safety Officers' Procedural Bill of Rights not <br />addressed above and which does not result in the loss of property, the appeal of such <br />punitive action is an appeal to the Chief of Police. The Chief s decision following the <br />appeal is the final decision in the City, subject to review in court per Code of Civil <br />Procedure section 1094.5. <br />16.2 In addition, a new section shall be added to the Municipal Code to provide as follows: <br />A. In the event an employee is ordered to absent himself from the job based on <br />probable cause and it is subsequently determined by the Police Chief, the City <br />Manager, Personnel Board or a court of competent jurisdiction, that cause did not <br />exist for the ordered absence, the employee shall have restored to him any paid <br />leaves of absence against which such absence may have been charged, and he <br />shall be granted a retroactive leave of absence with pay for the time during which <br />he was prohibited from performing the duties of his position, less any <br />compensation paid to him by the City during such ordered absence unless such <br />employee waives his/her rights to retroactive pay. <br />B. In the event an employee is reduced, suspended and/or discharged, and upon <br />appeal the City Manager, Personnel Board or a court of competent jurisdiction <br />does not sustain such reduction, suspension, and/or discharge, the employee shall <br />be entitled to his base rate or salary including all additives, vacation, and sick <br />55 <br />65D-63 <br />
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