§ 2.60.660. Disciplinary appeals hearing.

A.

The disciplinary appeals hearing shall be conducted by the hearing officer selected pursuant to Section 2.60.650.

B.

The procedure for conducting the appeal shall be as follows:

1.

Recording. The appeal proceedings shall be recorded by the hearing officer.

2.

Governing law. Except as provided herein, the appeal shall be conducted pursuant to the provisions of the California Administrative Procedures Act, commencing with Government Code Section 11370, Part I, Division 3, Title 2, of the Government Code.

3.

Jurisdiction of hearing officer. The hearing officer may affirm, modify or revoke the order issued by the county, or issue such other order as deemed appropriate. Jurisdiction of the hearing officer terminates upon issuance of the written decision.

4.

Attendance of witnesses. No witness shall be permitted to testify at the hearing except upon oath or affirmation. The county or the hearing officer may issue subpoenas and subpoenas duces tecum for the attendance of witnesses and production of documents.

5.

Depositions. On the verified petition of any party, the county may order that the testimony of an unavailable material witness be taken by deposition in the usual manner for depositions in civil actions.

6.

Rules of evidence. The technical rules of evidence do not govern, but the rights to examine and cross-examine witnesses, to introduce exhibits, and to rebut evidence are safeguarded as provided by Government Code section 11513. Any relevant evidence of the sort "on which responsible people are accustomed to rely in the conduct of serious affairs" may be admitted, regardless of common law or statutory rules governing the admission of evidence in civil cases, however, hearsay evidence shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. Evidence of records regularly kept by the county concerning the employee may be introduced.

7.

Evidence in default and uncontested cases. The county is not required to file an answer or response to the appeal. If the employee fails to appear at the hearing, his or her default shall be entered unless a continuance is requested by his or her representative and is granted by the hearing officer. A continuance shall not be granted without a showing of good cause. Any continuance shall be conditioned upon payment by the employee of all the hearing officer's fees for appearing at the hearing at which the employee did not appear.

8.

Time for final decision. The hearing officer shall issue a written decision within sixty days after the appeals hearing, unless there are special circumstances. A copy shall be mailed by the hearing officer to the employee or the employee's representative. The decision by the hearing officer shall be the final administrative decision, subject only to court review.

9.

Effective date. A decision becomes effective upon receipt by the county.

10.

Findings of fact. The decision must contain findings of fact, which may be stated in the language of the notice of action issued by the county.

11.

Representation. The employee and the county shall have the right to be represented by counsel. The employee may be represented by a union representative.

12.

Closed hearing. The hearings shall be closed to the public. Witnesses may be excluded upon motion of either party, but the county's designated investigating officer may be present during all the hearing, even if he or she is a witness.

13.

Implementation of decision. If the hearing officer revokes an order of discharge, suspension or reduction in rank, the appealing employee shall be restored forthwith to the position held prior to the order with all rights and privileges pertaining thereto, including those accruing since the order, with full back pay for any uncompensated periods, less any amounts received by the employee in benefits or retirement.

(Ord. 1266 §3, 2002; Ord. 1143 §1(part), 1990)