HomeMy WebLinkAboutCC RESO 2010-20RESOLUTION NO. 2010 — 20
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING SECTION 806 OF CIVIL SERVICE RULE VIII IN SUPPORT OF
THE REVISION OF THE CITY OF NATIONAL CITY POLICE DEPARTMENT
OPERATING PROCEDURE 015.1, GOVERNING THE APPEAL OF
DISCIPLINE ADMINISTERED TO SWORN POLICE PERSONNEL
WHEREAS, Government Code Sections 3300 through 3311, Public Safety
Officer Procedural Bill of Rights Act, affords law enforcement officers and supervisors additional
protections beyond the guidelines established by the Police Department and by the Civil Service
Rules, including a right to appeal low level discipline; and
WHEREAS, in April, 2009, the National City Police Department amended its
Operating Procedure governing the administration and appeal of disciplinary actions related to
sworn police personnel to comply with the provisions of the Government Code; and
WHEREAS, on May 14, 2009, the Civil Service Commission voted unanimously
to amend Section 806 of Civil Service Rule VIII pertaining to Disciplinary Actions, bringing the
rules into compliance with the Government Code.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby approves the amendment to Section 806 of Civil Services Rule VIII, as set
forth in the attached Exhibit "A".
PASSED and ADOPTED this 16th day of Febr,� 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, Ill
City Attorney
J
Rule VIII - Disciplinary Actions
SECTION 806 - RIGHT TO A CIVIL SERVICE COMMISSION'S REVIEW OF
DISCIPLINARY ACTION: Any regular career employee who has successfully completed the
initial probationary period shall have the right to appeal a disciplinary action taken against
him/her to the Commission, except when such discipline takes the form of a written reprimand or
an equivalent monetary loss to a suspension from duty without pay for cumulative forty (40)
regular scheduled working hours or less for each instance or cumulative 240 regular working
hours or less for multiple instances within a twelve-month (12) period.
However, any sworn officer who has successfully completed the initial
probationary period shall have broader rights to appeal a disciplinary
action Laken against them to the Commission for any disciplinary
action above a written reprimand.
The appointing authority may, for disciplinary purposes only and without right of hearing before
the Civil Service Commission, suspend without salary any officer or employee holding a position
in the Classified Service for a period of time not to exceed the above limit or take other
disciplinary action not to exceed an equivalent monetary loss of forty (40) hours of salary for
each instance of discipline.
Where an appeal is taken to the Civil Service Commission on an action from dismissal, the
vacancy in the position shall he considered a temporary vacancy pending decision by the Civil
Service Commission and/or the City Council, and it may be filled only by a temporary
appointment.
An appointing authority's dismissal of, or disciplinary action against, any employee in initial
probationary period or other non -career status shall be final and not subject to review and
decision of the Commission. (10103/95).
EXHIBIrT' "A"
Passed and adopted by the Council of the City of National City, California, on February
16, 2010 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
Nation
al City, California
lerk of the City f
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-20 of the City of National City, California, passed and adopted
by the Council of said City on February 16, 2010.
City Clerk of the City of National City, California
By:
Deputy