A. General Provisions.
1. The provisions of this section, including permitted disciplinary actions, and hearing and procedural requirements shall be available only to permanent classified employees and, except in cases of probationary rejection, to permanent classified employees on promotional probation.
2. City employees who are not permanent classified employees or employees on promotional probation shall have no right to the notice and hearing requirements set forth herein. Provided, however, that such employees shall be given a written notice of such disciplinary action and the opportunity to discuss the matter with the Director.
3. When disciplinary action against a permanent classified employee is first contemplated by a direct or indirect supervisor of such employee, the employee shall be advised of the employee’s right to representation. Such advice may be given by the appointing authority or the Director.
4. At the discretion of the appointing authority or department head, employees may be placed on paid leave during a period in which an investigation into facts which may result in discipline is conducted. Such paid investigatory leave is not discipline, and employees on such paid leave shall not be subject to a reduction in pay or benefits during the period of investigatory leave. Investigatory leave may be terminated at any time by the appointing authority or department head. At such time, the employee shall immediately return to work. An employee who is placed on paid investigatory leave during an investigation shall be informed of the reason for the leave, the potential for discipline, the right to representation, and the obligation to return to work when so instructed by the appointing authority or department head.
B. Permitted Disciplinary Action. The following disciplinary actions may be taken against an employee for one or more of the causes for discipline specified in subsection D below, or for any other just cause:
1. Discharge;
2. Demotion; provided, however, that no employee shall be demoted to a position for which the employee does not possess the desired qualifications;
3. Suspension without pay; provided, however, that such suspension shall not exceed 240 hours, and no employee shall be penalized by suspension for more than 240 hours in any fiscal year; further provided, that employees exempt from payment for overtime work under the Fair Labor Standards Act (FLSA) shall not be suspended in a manner that would conflict with employees’ FLSA exempt status.
4. Written reprimand;
5. Any other action which corrects or mitigates the cause for which disciplinary action is taken and which is agreed to between the employee and the appointing authority, with the prior approval of the City Manager.
C. Delegation of Disciplinary Authority. Pursuant to Section 701a of the Charter of the City of Chico, the City Manager may at any time authorize any appointing authority to discipline subordinate employees subject to the procedures in these rules.
D. Causes for Disciplinary Action. Causes for disciplinary action against any employee shall include any just cause including, but not limited to, the following:
1. Fraud in securing employment;
2. Willful violation of safety rules;
3. Nonobservance of work hours;
4. Unauthorized absence;
5. Being in the unauthorized possession of or under the influence of alcoholic beverages and/or any nonprescription or unauthorized narcotics or dangerous drugs during working hours;
6. Refusal or failure to perform assigned work;
7. Violation of any City or department rule, regulation or ordinance applicable to an employee's performance;
8. Conviction of a felony or conviction of a misdemeanor involving moral turpitude;
9. Disrespectful or unprofessional treatment of the public or another City employee;
10. Disobedience of a lawful order or insubordination to proper authority;
11. Misuse, misappropriation or theft of City property;
12. Falsification of City records;
13. Unauthorized sleeping on the job;
14. Incompetent, substandard or untimely performance of assigned work.
E. Procedural Requirements Prior to Disciplinary Action. No employee to whom this section applies shall be subject to disciplinary action hereunder unless prior thereto such employee has received:
1. A written notice of the proposed disciplinary action including the specific charges, and grounds upon which such charges are based;
2. A reasonable time to review the materials upon which the charges and proposed action are based and to answer the charges;
3. The opportunity to appear before the appointing authority to respond to the charges orally and/or in writing;
4. Notice of his or her right to be represented by an attorney or other representative at any disciplinary conferences or proceedings;
5. A written decision on such answer at the earliest practicable date, not to exceed fifteen (15) days following the answer. No disciplinary action shall be taken against an employee until the time period provided herein has been exhausted without a response from the employee.
F. Notice of Proposed Action. An employee against whom disciplinary action is pending is entitled to reasonable advance written notice stating any and all reasons, specifically and in detail, for the proposed action. All material, including new material prepared subsequent to the notice, on which the notice is based and which is relied on to support the reasons in that notice, shall be assembled and made available to the employee for review. The notice shall inform the employee when and where the employee may review such materials and of a reasonable method for reviewing such materials. Employees will be provided with a copy of such materials upon request. Material which is classified as confidential and as such is not available for the employee to review shall not be used to support the reasons in the notice.
G. Employee’s Answer. An employee is entitled to a reasonable time, not to exceed fifteen (15) 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 employee is entitled to answer through a designated representative, or personally, or in writing, or any combination thereof. The right to answer personally includes the right to answer orally in person by being given a reasonable opportunity to make any representations which the employee believes might affect the final decision in the case. When the employee requests an opportunity to answer personally, the appointing authority taking the action shall personally hear the answer. The word “answer” shall be deemed to include such statements, affidavits, declarations, or such other evidentiary matter as the employee may wish to submit. At this stage of the process, the employee shall not be entitled to an evidentiary hearing and the sole purpose of the answer shall be to allow the employee to respond to the charges. Further, the employee shall not be entitled to present witnesses or cross-examine any witness of the appointing authority.
H. Status of Employee During Notice Period. Except as otherwise provided, an employee against whom disciplinary action is proposed is entitled to be retained in an active status during the notice period. When circumstances are such that the retention of the employee in an active status in the employee's position may result in damage to City property or may be detrimental to the interests of the City or injurious to the employee, fellow workers or the public, the appointing authority may temporarily assign the employee to duties in which these conditions do not exist or place the employee on paid leave status which is not charged to the employee.
I. Notice of Decision. Any employee against whom disciplinary action is pending is entitled to notice of the appointing authority’s decision at the earliest practicable date, not to exceed fifteen (15) days following the answer. The appointing authority shall cause the notice of decision to be delivered to the employee at or before the time when the action will be effective. If discipline is to be finally imposed, the notice shall be in writing, be dated and inform the employee of the following:
1. Those reasons in the notice of proposed disciplinary action which have been sustained and which have not been sustained;
2. The nature of the disciplinary action.
3. The right to appeal the notice of decision, as provided herein, if and only if such disciplinary action results in discharge, demotion, or suspension. However, police safety employees shall have a right to appeal if the disciplinary action is with a written reprimand. All other employees may provide a written response to the reprimand and the response shall be placed in the employee’s personnel file, stapled to the written reprimand, but the employee shall have no right to further appeal.
4. The time limit for such appeal. If after notice and answer the appointing authority decides not to discipline the employee, the employee shall be so notified within fifteen (15) days following the answer. No materials relating to the proposed disciplinary action shall be placed in an employee’s personnel file unless and until a decision is made to discipline the employee.
J. Appeal of Disciplinary Actions.
1. To appeal the notice of decision, an employee must file with the Director within fifteen (15) days following receipt of the notice of decision a written request for such appeal and hearing. Upon receipt of such request a hearing officer shall be named to hear the matter. The City Clerk will coordinate the administrative hearing officer system through the Office of Administrative Hearings. The system of selecting a hearing officer for a given hearing will consist of the City Clerk contacting the Office of Administrative Hearings and requesting a hearing officer. Both the employee and the City shall have the right to challenge and refuse any hearing officer so selected. The employee and the City may each so challenge two such hearing officers. The City Clerk's selection process shall proceed until both parties are satisfied with the selection or until their rights to challenge are exhausted.
2. The hearing authorized herein shall be held within thirty (30) days following the request for hearing.
3. Whenever a hearing on any disciplinary action is to be held, the Director shall notify the person requesting the hearing, the selected hearing officer, and the appointing authority from whose action the appeal is being taken, of the date, time and place of the hearing and shall publicly post a notice of the date, time and place of hearing on a public bulletin board in the Municipal Center of the City.
4. The hearing may be public or closed, at the employee's option.
5. The employee requesting the hearing shall not be required to appear at the hearing; provided, however, that in any event City shall have the right to call as a witness the employee requesting the hearing. The employee requesting the hearing may be represented by any person. Unless otherwise mutually agreed upon by the employee and City’s representative, during the hearing, any and all witnesses to be called by either the employee or City shall be excluded from the hearing room unless actually testifying. Provided, that both the employee and City may designate a person, who shall not be subject to the exclusion herein, who has investigated the matter at issue in the hearing and whose assistance during the hearing is necessary to the efficient conduct of the hearing.
6. The Director shall issue subpoenas to compel the attendance of witnesses or the production of documents at the hearing when a request for same is made on behalf of the City, or by the affected employee. Any witness fees, mileage or other costs relating to subpoenas shall be the responsibility of the party requesting their issuance.
7. The hearing shall proceed generally as follows:
a. City’s representative and the affected employee may make preliminary, opening statements.
b. The City’s representative shall present oral and/or documentary evidence in support of City's position; the affected employee may cross-examine any witness called by City.
c. The affected employee may present evidence in employee’s own behalf; the City’s representative may cross-examine such witnesses as are called by the affected employee.
d. Both the City and the affected employee may present rebuttal evidence as they deem necessary and appropriate.
e. The hearing officer shall rule on any objections made to the admissibility of evidence or otherwise relating to the conduct of the hearing. Such rulings shall be final.
f. The City's representative and the affected employee may make closing statements.
8. Hearing Officer's Action.
a. Upon the conclusion of any investigation or hearing, the hearing officer shall cause findings and recommendations to be prepared in writing and shall certify the same.
b. The hearing officer shall, at a minimum, find whether the City has shown by a preponderance of the evidence that the charges in support of the disciplinary action have been substantiated. Such a finding shall be made as to each charge. If the hearing officer finds that none of the charges are supported by the evidence presented, the recommendation shall be that no disciplinary action be taken. If the hearing officer finds that any or all of the charges are supported, the hearing officer shall either:
(1) Recommend that the proposed disciplinary action be carried out;
(2) Recommend such other disciplinary action deemed appropriate under the circumstances;
(3) Recommend that no disciplinary action be taken.
c. The hearing officer’s findings and recommendations shall be filed as a permanent record with the Director who shall acknowledge their receipt. The Director shall certify and deliver a copy of such findings and recommendations to the appointing authority, the City Manager and to the employee affected by such findings and recommendations, or from whose action the appeal was taken.
9. The City Manager shall review the findings and recommendations, the record of the hearing and any other information submitted in writing by the employee, and shall then determine in light of such record and other information supplied by the employee whether the disciplinary action in the notice of decision (subsection I above) is proper. If it is determined that the action is proper, the employee shall be so notified in writing and no further action shall be necessary. If it is determined that the action is not proper, the action shall be rescinded and steps necessary to adjust the employee's records and pay to reflect such rescission shall be taken. Nothing herein shall be construed to preclude the City Manager from imposing a less severe disciplinary action than that imposed under subsection B above, following review of the records. For this purpose, the order of severity, from most severe to least, shall be as listed (in subdivisions 1 through 4) in said subsection B.
10. At the request of the employee, a copy of the written determination and findings of the hearing officer and the final determination of the City Manager shall be furnished to the City Council.
K. Imposition of Discipline Prior to or During Appeal. The disciplinary action set forth in the notice of decision may be imposed or carried out regardless of whether or not an appeal has been filed or is being processed by the employee being disciplined.
L. Variation in Time Periods.
1. Any time period set forth in this section may be waived or otherwise varied from upon mutual agreement between the Director and the affected employee.
2. If the time period for the conduct of an appeal hearing cannot be met due to the unavailability of a hearing officer, the illness of the appointing authority, the temporary unavailability of a City witness, an employee or an employee's witness, or for any other reason beyond the control of the City, or the employee, the time period shall be extended to the earliest possible date for such hearing.
3. Upon request, the affected employee shall have the right to one postponement of the hearing date to the earliest possible date.
(Res. No. 143 95-96, Res. No. 51 02-03, Res. No. 113-07, Res. No. 66-10, Res. No. 42-19)