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HomeMy WebLinkAboutNS-1319RCS:ar 3/9/76 ORDINANCE NO. NS- 1319 AN ORDIN~LNCE OF THE CITY OF SANTA ANA ESTABLISHING PROCEDURES TO BE IMPLEMENTED PRIOR TO THE SUSPENSION, DEMOTION OR DISMISSAL OF NON-PROBATIONARY EMPLOYEES FROM THE COMi~ETITIVE SERVICE. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered Section 9-118.1, which section reads as follows: Section 9-118.1. Procedural requirements prior to suspension, demotion or dismissal. No employee holding a position in the competitive service who has served a probationary period for the posi- tion held by such employee shall be subject to suspension, demotion or dismissal pursuant to Section 1008 of the City Charter unless prior thereto such employee has received: (1) Notice of the proposed action and of the grounds for such action; (2) A written copy of the charges and grounds for such charges; (3) A reasonable time, not to exceed 10 days, unless the appointing authority authorizes a longer time, to answer the charges; (4) A written decision on the answer at the earliest practicable date. Examination of witnesses, trial, or hearing is not required but may be provided in the discretion of the appoint- ing authority. Copies of the charges, the notice of the action, the answer, the reasons for and the order of removal or suspen- sion without pay, and also the reasons for the actions taken shall be made a part of the records of the city and, on request, shall be furnished to the individual affected and to the Per- sonnel Board. SECTION 2: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered Section 9-118.2, which section reads as follows: Section 9-118.2. Notice of proposed adverse action. Except as provided in Section 9-118.4, infra, an employee against whom disciplinary action is pending is enti- tled to reasonable advance written notice stating any and all reasons, specifically and in detail, for the proposed action. The material on which the notice is based and which is relied on to support the reasons in that notice, including, but not limited to, statements of witnesses, documents, and investi- gative reports or extracts therefrom, shall be assembled and 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 ORDINANCE NO. NS-1319 PAGE THREE notice period. When circumstances are such that the retention of the employee in an active duty status in his position may result in damage to city property or may be detrimental to the interests of the city or injurious to the employee, his fellow workers or the general public, the appointing authority may temporarily assign him to duties in which these conditions do not exist or place him on administrative leave. SECTION 6: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered Section 9-118.6, which section reads as follows: Section 9-118.6. Notice of adverse decision. Each employee against whom disciplinary action is pending is entitled to notice of the appointing authority's decision at the earliest practicable date. The appointing authority shall deliver the notice of decision to the employee at or before the time when the action will be effective. The notice shall be in writing, be dated, and inform the em- ployee of the following: (1) Which of the reasons in the notice of proposed adverse action have been sustained and which have not been sustained. (2) Of his right to appeal to the Personnel Board. (3) Of the time limit for appealing to and requesting a hearing from the Personnel Baord. SECTION 7: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered Section 9-118.7, which section reads as follows: Section 9-118.7. Procedures cumulative. The procedures established by Sections 9-118.1 through 9-118.6, inclusive, are cumulative and supplementary to the provisions of Section 1008 of the Charter. In the event of any conflict or ambiguity between the provisions of this ordin- ance and the city charter, the latter shall prevail. SECTION 8: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordin- ance. The City Council of the City of Santa Ana hereby de- clares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion there- of irrespective of the fact that any one or more sections, subsections, clauses or portions be declared invalid or uncon- stitutional. ORDINANCE NO. NS-1319 PAGE FOUR ADOPTED, this lSth 1976, by the following vote: day of November AYES: COUNCILMEN: Evans, Ward, Bricken$ Ortiz, Yamamoto, Garthe, Brandt NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ATTEST: CLERK OF THE COUNCIL APPROVED AS TO FORM: KEITH L. GOW CITY ATTORNEY