HomeMy WebLinkAboutItem 12 - Memo to City Council from the Personnel BoardHuman Resources Department
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Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 18, 2023
TOPIC: Memo to City Council from the Personnel Board
AGENDA TITLE
Receive and File Memo to the City Council from the Personnel Board
RECOMMENDED ACTION
Receive and File Memo to the City Council from the Personnel Board.
DISCUSSION
The Personnel Board was established by the City of Santa Ana Charter and Municipal
Code. A key responsibility of the Personnel Board is to provide a final appellate review
of the permanent City staff disciplinary cases, and an objective of the Personnel Board
is to provide a neutral, impartial review in disciplinary matters.
Utilizing the attached memo, the Board would like to inform the City Council of their
duties and constraints in executing those duties.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBITS)
1. Memo to City Council from the Personnel Board
Submitted By: Jason Motsick, Executive Director — Human Resources Department
Approved By: Kristine Ridge, City Manager
MEMORANDUM
To: Santa Ana City Council Date: July 18, 2023
From: City of Santa Ana Personnel Board
Subject: Personnel Board Responsibilities and Board Appointments
The intent of this memo is to inform the City Council of the responsibilities of the
City of Santa Ana Personnel Board ("Board" or "Personnel Board") and how Board
appointments may affect its execution of those responsibilities.
Description of Board:
The City of Santa Ana Personnel Board is established by the City of Santa Ana Charter
and Municipal Code. One of the Board's principal duties is to provide a final
administrative review of disciplinary matters involving permanent employees of the
City of Santa Ana who have been demoted, suspended, or dismissed/terminated
from employment. The Board's appellate review is a full evidentiary hearing wherein
the Board applies its independent judgment to the law, facts, and arguments presented
in each case.
Membership and Appointments:
The Personnel Board consists of seven (7) members appointed by the City Council.
Like other boards and commissions, the term of a Board Member is the same as
their appointing Councilmember. Upon election, a Councilmember appoints a Board
Member and may re -appoint a current Board Member whose term has expired
(subject to term limits specified in the Municipal Code).
Board Appeal Process Affected by Membership Change:
The Board's Rules require that a majority of the same Board members hear and
deliberate on all of the same issues in an appeal. Therefore, if a Board Member
misses a portion of a disciplinary hearing, they are not allowed to continue with the
hearing. Likewise, if a new Board Member joins the Personnel Board while a
hearing is in process, they may not participate in the current proceedings. Further, a
majority or quorum must be maintained among the Board Members for a hearing to
properly conclude.
If a quorum is not met, the case must begin anew with at least four (4) Board
Members. Appeal hearings are lengthy and costly to the City and to the
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employee/appellant. The Board wishes to avoid not meeting a quorum and
restarting a case if possible. Timely appointments assist in meeting a quorum.
Sample Timeline of an Appeal to the Personnel Board:
Employee
received
Scheduling
Notice of
Meeting
Adverse
(Board and
Action
II
both parties)
Appeal Bled
(If within 10
days it i
timely and
added to
case log, if
timeliness is
in question
the
Secretary
will confer
with Chair to
determine
timeliness,)
Hearing
Opening
Statements
I
_J��j
Pre -hearing
meeting to
Evidence
determine if
and
the case is
witness
ready- to be
list
heard (Chair,
turned in
Vice Chair.
.
20 days
Legal
prior to
Advisor, both
parties)
pre-
Evidence
hearing
turned in 20
meeting
days prior)
Hearing Hearing Board
Evidence Closing announces
presented statements decision
I.
Board
Board Board
deliberations Legal
reviews
and
Advisor
adopts
prepares
written
written
statement
statement
prepared
of decision
by Legal
(typically
Advisor
4-6
weeks)
Personnel Board Status of Appeals:
The duration of individual hearings vary. On average, hearings take at a minimum
twenty to twenty-five (20-25) calendar days to conclude, however the average case
takes six (6) to ten (10) months. These proceedings include pre -hearing procedures, the
evidentiary hearing, and Board deliberation and decision proceedings. Hearings are
conducted in the evenings and require the coordination of many schedules due to the
large number of individuals involved, including the employee/appellant and their
representative(s), the City representative(s), City staff, the seven (7) Board members,
Board counsel, witnesses, and a court reporter.
Approval of Memorandum:
During its regular meeting held on June 13, 2023, the Personnel Board voted to
approve this memorandum and submit it to City Council.
C: Kristine Ridge, City Manager
Jason R. Motsick, Executive Director of Human Resources
Lori Schnaider, Human Resources Operations Manager
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