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SR-603-013 (2) ~ .. -. . 603- 0/3 . CA:RMM:lbcsr44jhpw city council Meeting 8-8-89 Santa Monica, California STAFF REPORT S?'...4 AUG 0 8 \'89 TO: Mayor and city Council FROM: City Attorney SUBJECT: Ordinance Adding section 21061 to the Santa Monica Municipal Code Implementing the Use of A Hearing Officer in Employee Disciplinary Hearings At its meeting on September 27, 1988, the City Council directed the City Attorney to prepare an ordinance establishing a hearing officer procedure for the conduct of hearings involving employee terminations, suspensions, and demotions. In response to this directionr the accompanying ordinance has been prepared and is presented to the city Council for its consideration. Under current city laws, any employee who has been terminated, suspended, or demoted may request a hearing before the Personnel Board. Over the years, the length and complexity of hearings before the Personnel Board has increased. Accordingly, the Personnel Board, City staff, and representatives of employee organizations agreed that a procedure should be established by which a Hearing Officer hears evidence and makes recommendations to the Personnel Board. The accompanying ordlnance adds section 21061 to the Santa Monica Municipal Code. This Section provides that an employee can request or agree to have a disciplinary matter heard by a hearing officer. This section further sets forth the procedures for the ~A AUG 0 8'i19 - 1 - . . selection of hearing officers, the conduct of hearings, and the action of the Personnel Board in response to the hearing officer's recommendation. A draft of this Ordinance was sent to all bargaining units on July 19, 1989. Representatives from five of those units met with representatives from the city Attorney's office and the Personnel Department on July 24, 1989, and requested some changes and additions. In response to their requests, the Hearing Officer Panel List was increased from twelve (12) to twenty (20) persons and the individual hearing list was increased from five (S) to eleven (11) persons. At the employees' urging, the Hearing Officers Panel List was given a specific term of two (2) years. It was also suggested that individual Hearing Officers be subject to approval by employee groups before they could be included on the Panel List. This was considered to be too cumbersome a procedure and unnecessary due to the increased numbers of Hearing Officers from which to select. A request was made that the Personnel Board be required to rehear the entire hearing if they chose to reject the findings of the Hearing Officer. This requirement could have an inhibiting effect on the Board's inclination to correct a Hearing Officer's mistake. To address the employees' concerns that the Board could act in an arbitrary manner, a requirement that the City order, pay for, and review a transcript before rejecting any findings and recommendations of the Hearing Officer has been added. - 2 - . . RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Myers, City Attorney Lyn Beckett Cacciatore, Deputy city Attorney - 3 -