NS-1319 - Laserfiche WebLink

Home Browse Search

ORDINANCE NO. NS-1319 PAGE TWO made available to the employee for his review. The notice shall inform the employee when and where he may review such material. Material which cannot be disclosed to the employee may not be used to support the reasons in the notice. SECTION 3: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered Section 9-118.3, which section reads as follows: Section 9-118.3. Employee's answer. Except as provided in Section 9-118.4, infra, an employee is entitled to a reasonable time, not to exceed 10 days unless the appointing authority authorizes a longer time, to answer a notice of proposed disciplinary action. The time to be allowed depends on the facts and circumstances of the case, and shall be sufficient to afford the employee ample opportunity to review the material relied on by the appointing authority to support the reasons in the notice and to prepare an answer. If the employee answers, the appointing authority shall consider the answer in reaching a decision. The employ- ee is entitled to answer personally, in writing, or both per- sonally and in writing. The right to answer personally includes the right to answer orally in person by being given a reason- able opportunity to make any representations which the employee believes might sway the final decision on his or her case. When the employee requests an opportunity to answer personally, the agency shall make a representative or representatives avail- able to hear the answer. The representative or representatives designated to hear and answer shall be persons who have author- ity either to make a final decision on the proposed adverse action or to recommend what final decision should be made. As used herein, the noun "answer" shall be deemed to include such statements, affidavits, declarations, or other evidenti- ary matter as the employee may wish to submit. SECTION 4: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered Section 9-118.4, which section reads as follows: Section 9-118.4. Exceptions to the notice period and opportunity to answer. Advance written notice and opportunity to answer are not necessary in the case of suspension, dismissal or de- motion of an employee for any reason other than those grounds for disciplinary action that are specified in §1008 of the charter. SECTION 5: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered Section 9-118.5, which section reads as follows: Section 9-118.5. The duty status during notice period. Except as otherwise provided herein, an employee against whom disciplinary action is proposed is entitled to be retained in an active duty status during the