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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 -1- 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. -2- 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. -3- 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