Franklin Carvajal

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Consideration of a Request for a Closed Hearing to Appeal a Disciplinary Action

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File Number
25-928
Type
Minute Order
Status
Action Item
Final Action
Consideration of a Request for a Closed Hearing to Appeal a Disciplinary Action
On Agenda
4/2/2025
In Control
CIVIL SERVICE COMMISSION

Full Text

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Consideration of a Request for a Closed Hearing to Appeal a Disciplinary Action

 

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Meeting Date:  April 2, 2025

 

Contact Person/Dept:  Dana Anderson / Human Resources

  

Phone Number:  310/253-5640

 

Fiscal Impact:  Yes []    No [X]                                           General Fund:  Yes []     No []

 

Public Hearing:  []          Action Item:                     [X]          Attachments: []   

 

Public Notification:   (Email) Meetings and Agendas - Civil Service Commission (03/27/25); (Email) All City Staff (03/27/25)

 

Department Approval: Dana Anderson, Director of Human Resources (03/25/25)

____________________________________________________________________________

 

 

RECOMMENDATION

 

Staff recommends that the Civil Service Commission discuss the request to schedule a closed hearing for an appeal of a disciplinary action, and determine whether to schedule the hearing, including a possible pre-hearing conference, or to refer the matter to a hearing officer.

 

 

BACKGROUND/DISCUSSION

 

On February 11, 2025, the Finance Department issued a notice of intent to discipline for dismissal from employment to an employee on the grounds that the employee violated the following Culver City’s Civil Service Rules:

 

1.                     Culver City Civil Service Rule 11.3 Causes for Disciplinary Action Section b.  Employee is unable, refuses, or fails to perform the essential functions of the employee’s job.

 

The employee was afforded due process rights in a Skelly meeting conducted on February 24, 2025.

 

The final notice of dismissal was issued on February 28, 2025.

 

 

AUTHORITY

 

According to Civil Service Rule 11.8, an employee in the classified service who is subject to a disciplinary action has the right to appeal to the Civil Service Commission.  Further, Civil Service Rule 11.13 provides authority to the Civil Service Commission, upon majority vote, to appoint a hearing officer to conduct the hearing if it finds and determines that “the use of a hearing officer would benefit the City and the employee to ensure the expeditious completion of the hearing process.”  If the Commission determines it will hear the matter, the Commission should also decide if the parties will be required to attend a pre-hearing conference, as set forth in Civil Service Rule 11.14.

 

In the event the Commission elects to conduct the appeal hearing, the Chair and Commissioners should have their calendars available to schedule the pre-hearing conference (if desired by the Commission) and hearing dates.

 

 

MOTION

 

That the Civil Service Commission:

 

1.                     Determine to conduct a closed hearing to consider the appeal of the disciplinary action, and schedule dates for a pre-hearing conference, if desired, and hearing dates.

 

OR

 

2.                     Make the appropriate findings under Civil Service Rule 11.13 a, and refer the requested appeal of the disciplinary action to a Hearing Officer or Board pursuant to Civil Service Rule 11.13 a.