1968-034RESOLUTION NO. 68R -34
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO.
63R -910.
WHEREAS, Section 10.0 of the Personnel Rules presently
provides that "Any employee may be suspended, demoted, or dis-
missed for good and sufficient cause and
WHEREAS, the City Manager and Personnel Director have
recommended that the Personnel Resolution be amended to clarify
the procedures used to determine the procedure to be used in
dismissal of an employee and to provide a procedure whereby
management and the employee may present information to assure
that an employee will only be dismissed for good and sufficient
cause.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that Rule 10 of Resolution No. 63R -910 be,
and the same is hereby, amended to provide as follows:
"RULE 10. SUSPENSION, DEMOTION, AND DISMISSAL
"Section 10.0 The tenure of every employee shall be
conditioned on good behavior and satisfactory work
performance. Any employee may be suspended, demoted,
or dismissed for good and sufficient cause.
10.01 When, in the judgment of the appropriate
department head, an employee's work perfor-
mance or conduct justifies disciplinary action
short of demotion or dismissal, the employee
may be suspended without pay. Upon taking such
action, the department head shall file with the
employee and the Personnel Director a written
notification containing a statement of the
substantial reasons for the action. No
employee shall be suspended for more than two
calendar weeks at any one time, except as
provided for in Section 10.023
10.02 An employee may be demoted or dismissed upon
recommendation of a division head or other
appropriate supervisor whenever, in the judg-
ment of the appropriate department head, the
employee's work or misconduct so warrants.
Upon taking such action, the department head
shall file with the employee and the Personnel
Director a written notification containing a
statement of the substantial reasons for the
action and the effective date of the action.
10.021 Prior to taking action on a recommenda-
tion of a division head or other appro-
priate supervisor upon the dismissal of an
employee, the department head shall
notify the employee of said recommenda-
tion in writing and within five (5) days
thereafter the employee may request
that the department head conduct an
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administrative hearing for the purpose
of permitting the employee to present
evidence concerning the recommendation
of dismissal. If an employee makes
such a request within the five (5) day
period, the department head shall con-
duct said administrative hearing. At
said hearing the department head may
consider any reports or documents as
evidence, as well as any oral testimony,
which relates to the recommendation of
dismissal. The hearing need not be con-
ducted according to the technical rules
relating to evidence and witnesses. The
Personnel Director shall provide a clerk
for the hearing. Said clerk shall take
notes of the evidence and testimony of
witnesses and all reports and documents
shall be filed with said clerk. At the
conclusion of the hearing, the clerk
shall prepare a summary of the evidence
and testimony of the witnesses and shall
within ten (10) working days following
the conclusion of the hearing provide a
copy of such summary to the employee,
the department head and the City Manager.
Subsequent to said hearing, the depart-
ment head shall, after considering the
evidence and testimony of the hearing,
render his decision on the recommendation
for dismissal and shall notify the
employee as provided in Section 10.02.
Such action by the department head shall
be in writing and shall be delivered to
the employee within five (5) days follow-
ing the receipt by the department head
of the summary of the hearing from the
clerk.
10.022 The employee may appeal the decision of
the department head by filing written
notice of such appeal with the City
Manager within five (5) days after
receipt of the decision of the department
head. Upon receipt of such notice of
appeal by the employee, the City Manager
shall review the summary of the hearing
as prepared by the clerk, together with
all reports and documents filed with the
clerk, and shall review the written
decision of the department head and his
reasons therefor and from such record
shall determine whether the decision of
the department head is justified and in
the best interest of the City of Anaheim
and shall render his written decision
within ten (10) days after the notice of
appeal has been filed by the employee.
The decision of the City Manager shall
be final.
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10.03 The demotion or dismissal of any department head
shall require the approval of the City Council
before such action is taken by the City Manager.
10.04 The City Council shall have the sole responsi-
bility for the suspension, demotion, or dismissal
of the City Manager and City Attorney.
THE FOREGOING RESOLUTION is approved and signed by me
this 16th day of January 1968.
CI CLERK OF THE CITY OF ANAHEIM
10.023 Suspension pending further action shall
be the status of employees recommended
for dismissal prior to completion of
hearings and grievance procedures. Such
suspension shall not exceed 90 calendar
days.
10.024 An employee may appeal a suspension or
demotion through the steps outlined in
the Grievance Procedure Rule 31, and as
an alternate to the procedure provided
in this Rule 10, may utilize procedures
of Rule 31 in case of a dismissal.
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YOR OF CITY OF AN
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No. 68R -34 was introduced
and adopted at a regular meeting provided by law, of the City Council
of the City of Anaheim, held on the 16th day of January, 1968, by the
following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Krein, Schutte, Chandler and Pebley
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 68R -34 on the 16th day of
January, 1968.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 16th day of January, 1968.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
68R -34 duly passed and adopted by the Anaheim City Council on January
16, 1968.
City Clerk