NS-2946 - Amending Certain Sections of Chapter Nine and Chapter Two of Santa Ana Municipal Code to Change Executive Director of Personnel Services to Executive Director of Human Resources

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shall not be discharged without written notice of charges, an opportunity to answer, a written decision as hereinafter provided and right of appeal to the personnel board. (c) Except as specified in subparagraph (d), any employee, other than one serving a probationary period, holding a position in the civil service shall be subject to suspension without pay for a period not to exceed ninety (90) days, or to demotion, or to dismissal subject to a right to appeal to the personnel board in accordance with the procedures set forth in this article. However, such appeal shall not stay the imposition of suspension, demotion or dismissal following the written decision of the appointing authority. (d) Each or any of said actions relating to suspension, demotion, or dismissal may be taken by the officer having power of appointment to the position for reasonable and sufficient cause; provided, however, that no employee who is exempt from the requirements of the Fair Labor Standards Act shall be subject to suspension without pay for any period of less than one (1) week. (e) Each such employee shall have ten (10) calendar days after receipt of the written decision of the appointing authority in which to file a notice requesting a hearing before the personnel board. Such request for a hearing shall be filed with the executive director of human resources. If a hearing is requested, the personnel board shall thereupon set a date for hearing the matter at its earliest convenience. Hearing procedures shall be informal, and the rules of evidence generally applicable to administrative proceedings shall apply. Such employee shall have an opportunity at such hearing to be heard in person, or by counsel, and the right to subpoena witnesses. Except as otherwise provided by law, all hearings held under the provisions of this section shall be open to the public. (f) The personnel board shall make written findings which shall state as to each charge whether or not such charge is sustained. The personnel board shall also set forth in writing its conclusions and recommendations based upon such findings, and within ten (10) days after concluding the hearing, it shall certify its findings, conclusions, and recommendations to the officer from whose action the appeal was taken, and to the city manager and the city council. (g) If, with respect to a suspension, demotion, or dismissal, the personnel board shall conclude that the employee charged was not guilty of the act or omission resulting in such suspension, demotion, or dismissal, a recommendation by it of reinstatement without loss of pay shall be binding upon the appointing authority, who forthwith shall order such reinstatement. In the event that the personnel board shall conclude that the employee was guilty of the act or omission resulting in such suspension, demotion, or dismissal but that the penalty was not warranted under the circumstances, the personnel board may review the severity and appropriateness of the punishment. A recommendation by it of a greater or lesser punishment or of reinstatement with or without loss of pay shall be binding upon the appointing authority, who forthwith shall order the same. If, with respect to a suspension, demotion or dismissal, the personnel board concludes that the employee was guilty of the act or omission resulting in such Ordinance No. NS -2946 Page 12 of 15