REGULAR MEETINGS
The Civil Service Commission conducts regular meetings on the first and third Wednesday of every month. Open session commences at 2:30 p.m. Agendas for the meetings are mailed (e-mail or regular mail) the Thursday or Friday preceding the meeting. (Civil Service Rule 1.1.10)
DISCIPLINARY HEARINGS
Permanent employees in the classified service who have been removed, suspended or reduced in rank or compensation, may, within ten (10) calendar days after receipt of the order of such disciplinary action, file a written appeal and answer to the charges with the Civil Service Commission.
If the employee has filed the appeal in a timely manner, the Commission appoints a hearing officer and a hearing is scheduled based on the availability of a hearing room, and the schedules of the hearing officer and both of the parties.
The Appellant is entitled to appear at the hearing, to produce evidence and may have an attorney or other representative present. The hearings are generally open to the public and the press.
In preparing for the hearing, the appellant or his or her representative has the right to inspect relevant documents which the appointing authority has and which would be admissible at the hearing. Objections can be raised to the provision of certain documents and the hearing officer will decide whether those documents must be provided.
The appellant and/or his or her representative also has the right, prior to the hearing, to interview other employees having knowledge of the acts or omissions upon which the discipline was based. Interviews of those employees and inspection of documents shall be at times and places reasonable for the appellant and the appointing authority.
Prior to the hearing, the parties should make sufficient copies of any documents which they plan to introduce as evidence. Usually, one copy for the opposing party, one for the hearing officer, one for the witness and one working copy are necessary. To introduce a document during a hearing, hand a copy of the document to the opposing party prior to showing it to the witness or presenting it to the hearing officer. The hearing officer will mark the documents with identifying numbers after the documents are presented.
The Commission has the power to issue subpoenas (to order that people be present at the hearing) and subpoenas duces tecum (to order that specific records, documents, etc. be made available). Click here for details on how to request a subpoena and/or a subpoena duces tecum. The parties should cooperate and stagger the scheduling of witnesses to the greatest extent possible, so that time is not wasted for witnesses waiting to be called.
At the hearing, the appellant may be questioned and he or she may question other witnesses. The Commission encourages the parties to discuss the issues in advance of the hearing and to narrow the issues at the hearing to only those items actually in dispute. For instance, if an employee agrees with the allegations in the charges, but disputes only the level of discipline, the department should be made aware of that fact in advance of the hearing. Likewise, if a department amends the charges to present new causes or allegations, or to strike certain charges, the employee should be notified in advance of the hearing. If any charges are not in dispute, the hearing officer should be notified promptly at the start of the hearing. "Stipulations" of facts agreed to in advance of the hearing can save a great deal of time for parties and witnesses
Technical rules of evidence do not apply to the hearings and hearings are not controlled by formal courtroom procedures. Certain evidence which would not be admissible in court may be admissible in Civil Service hearings. Hearsay evidence is admissible, but only to supplement or explain other evidence. It cannot be used as the sole basis for any findings of fact unless it would be admissible in court.
Even though technical rules of evidence do not apply, the parties may, and frequently do, make the same objections as would be made in court proceedings. The statement of an objection must specify the grounds for objection, as follows:
"Objection. The question calls for speculation by the witness."
Once an objection is made, the witness should not answer. The hearing officer will make a ruling on the objection, and the witness will be instructed whether he or she may answer.
The parties are usually permitted to make an opening statement and a closing argument. The opening statement is an informal way of familiarizing the hearing officer with the general nature of the case and what evidence is likely to be heard. "Argument" (e.g., non-testimony by the parties about the credibility of witnesses or the relative weight of evidence, etc.) should be saved for the final remarks by each party.
Once the hearing is adjourned, the hearing officer will review all of the evidence submitted and will make recommendations to the Commission regarding his or her proposed decision in the case. The Commission will deliberate together as to the appropriate decision in the case and will make a written and oral report of its decision at a regular meeting. The Hearing Officer and Commission staff will attempt to place the matter on its next regular agenda following the hearing, if at all possible.
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SELECTION PROCESS APPEALS
An affected applicant or employee may appeal to the Commission any component of a County selection process. Usually, this appeal is made after first appealing to the Director of DHR. The Commission may, at its discretion, grant a hearing under Rule X of the Civil Service Rules. The applicant or employee must file a "Petition to Appeal Selection Process" form with the Commission within fifteen (15) calendar days from the date of receipt of notification from the Director or appointing authority of the action being appealed.
The petition can be downloaded by clicking here "Petition" (to be printed and filled out by hand). A petition form that can be filled out on the computer is available here "Petition Form" (requires Microsoft Word).
If a timely complaint is filed and the Commission grants the request for a hearing, Commission staff will schedule a hearing. The Commission may, pending conduct of the hearing, order a certification and/or selection held in abeyance until a final Commission decision is made.
Selection process hearings are very informal. Unlike disciplinary hearings, in which the Department imposing the discipline bears the burden of proof, in a selection process hearing, the person challenging the selection process bears the burden of establishing flaws in the process which should be remedied by the Commission. Therefore, the applicant or employee presents his or her position and evidence first. At least three copies of each document that is to be submitted should be brought to the hearing for distribution.
As in disciplinary hearings, the Commission encourages the joint submittal of a stipulation of facts and issues. Both parties may present documents and testimony as necessary to the hearing officer and may examine the witnesses. An opportunity is given for both sides to fully present their positions to the hearing officer. As in disciplinary hearings, technical rules of evidence do not apply.
The final action may either affirm, modify, or revoke the determination of the process being appealed. The Commission reviews the findings and proposed decision before taking final action.
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DISCRIMINATION COMPLAINTS
Under Rule VI of the Civil Service Rules, an employee or applicant may file a discrimination complaint regarding County employment actions within sixty (60) calendar days of the alleged discriminatory practice, or knowledge thereof. If a complaint is filed in a timely manner, the Commission shall refer the complaint to the Office of Internal Affairs (OIA) for review and report back to the Commission. The Commission may issue such orders as are necessary to maintain the status quo, to bar further actions relative to the employment process in issue, or to avoid potential continuing damages. At the conclusion of the matter, the Commission also has certain authority to remedy violations, as set forth in the rules.
Click here to download a "Discrimination Complaint Form" (to be printed and filled out by hand). A discrimination complaint form that can be filled out on the computer is available here "Discrimination Complaint Form Fill-In" (requires Microsoft Word).
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COMPULSORY LEAVE HEARINGS
Under the Compensation Ordinance Section 4.3.8, the Commission has authority to review the determinations of appointing authorities to place employees on compulsory leave. An appeal must be filed within ten (10) calendar days of the beginning of the leave. Evidence is taken in an informal hearing format. Often, treating and evaluating physicians will be present to testify. The appointing authority has the burden of proof to show that the action taken was appropriate and was handled properly under the Comp. Ordinance, the Admin. Manual and DHR Policy 0337.
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LIBERTY INTEREST HEARINGS
Probationary Employees who are dismissed during their probationary periods generally have no right of appeal. However, a probationer who alleges facts showing that his or her liberty interest has been violated is entitled to a name-clearing hearing before a hearing officer. Liberty interest is not violated if an employee is terminated for incompetency or inefficiency, only certain types of misconduct. The Commission does not have the authority to reinstate an individual who has been dismissed during his or her probationary period.
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RULE XI INVESTIGATIONS
For purposes of protecting the merit basis of the personnel system, the Commission may, in its discretion, investigate the conduct and operations of any department. Investigations of issues arising under this rule are somewhat uncommon, but the Commission does utilize its authority under this rule to review alleged merit-basis violations.
Rule XI investigations, like selection process appeal hearings, are very informal. The Commissioner appointed to investigate generally takes evidence outside of the presence of other persons, and may make inquiries and do research independently. After review of the findings and proposed decision, the Commission may make any necessary orders, including but not limited to, back pay and classification adjustments, to carry out the provisions of the Charter and the Civil Service Rules.
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CLASSIFICATION REVIEWS
An employee who can demonstrate that he or she has been assigned and is regularly performing duties and responsibilities outside of his or her class specifications on an involuntary basis for at least fifty percent (50%) of a continuous six (6) month period preceding the request, may, within 60 days of such six month period, begin an appeal process which is set out in Rule XII. The Commission has certain authority to remedy such issues, as further set out in the Rules.
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CLERB APPEALS
A peace officer may, within fifteen (15) calendar days, appeal sustained findings of misconduct by the Citizens? Law Enforcement Review Board (CLERB) as outlined in Civil Service Rule XV. The written request for an appeal shall specify the allegation(s) sustained by CLERB which is (are) being appealed. If the peace officer files a timely appeal, the Commission appoints a hearing officer and a hearing will be scheduled. If requested by the peace officer, the hearing shall be closed to the public, except as otherwise permitted by law.
CLERB hearings are conducted similarly to disciplinary hearings. The burden of proof shall be on CLERB to demonstrate through a preponderance of the evidence that the incident or act, which was the basis for the complaint sustained by CLERB, occurred and did constitute improper conduct. Peace officers and CLERB representatives shall have the following rights: to subpoena witnesses and documents, to appear personally and be represented by counsel, to present testimony and documentary evidence, and to cross-examine witnesses. Please review Civil Service Rule XV for more detailed information.
Once the hearing is adjourned, the hearing officer will make recommendations to the Commission regarding the proposed decision. The Commission will deliberate together as to the appropriate decision in the matter and make a written and oral report of its decision at a public meeting.
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