In order to provide an appeals procedure for employees in the competitive service, the following personnel appeals procedure is adopted.
(Ord. 582 § 9, 1994; Ord. 685 § 1, 2005)
A.
The personnel appeals commission consisting of five members is confirmed as a city commission. The current members shall continue to serve unless removed by the city council or until their present terms expire, at which time the same or new members shall be appointed by the city council for four-year terms.
B.
The commission shall elect a chairperson and vice-chairperson from among its members. The chairperson shall preside over the meetings and hearings of the commission and otherwise carry out the duties and responsibilities set forth in this article and the personnel rules. In the absence of the chairperson, the vice chairperson shall perform the duties of the chairperson.
(Ord. 582 § 10, 1994; Ord. 685 § 1, 2005)
A.
Vacancies on the commission shall be filled by appointment of the city council for the unexpired terms. Each member shall serve until a successor is appointed. A majority vote of the city council shall be required to appoint a member to the commission, and a majority vote shall be necessary to remove any member from the commission prior to the expiration of the term.
B.
Members of the personnel appeals commission shall be residents of the city. No person shall be appointed to the commission who holds any salaried public office or employment within the city.
(Ord. 582 § 11, 1994; Ord. 685 § 1, 2005)
The powers and duties of the commission shall consist of:
A.
To determine the order of business for the conduct of its meetings and hearings, and to hold such meetings as may be required by the rules or on call of the chairperson or a majority of the members of the commission. A majority of the members of the commission shall constitute a quorum for the transaction of business;
B.
As provided by this chapter and by the personnel rules, to receive and hear appeals submitted by any person in the competitive service relative to any dismissal, demotion, reduction in pay or suspension without pay for 40 hours or more and to certify the findings and recommendations as provided in this article;
C.
In any hearing conducted by the commission, it shall have the power to examine witnesses under oath and compel their attendance or production of evidence by subpoenas issued in the name of the city and attested by the city clerk. It shall be the duty of the chief of police to cause all such subpoenas to be served and refusal of a person to attend or to testify in answer to such subpoena shall subject the person to prosecution in the same manner set forth below for failure to appear before the city council in response to a subpoena issued by the city council. Each member of the personnel appeals commission shall have the power to administer oaths to witnesses;
D.
Within 10 days after concluding the hearing, the personnel appeals commission shall affirm, revoke or modify the action taken and certify its findings and decision to the city council, city manager and to the affected employee. The decision of the personnel appeals commission shall be final and binding upon the city and its officials;
E.
Prepare rules of procedure for the conduct of appeal hearings including, but not limited to, requiring attendance of witnesses, swearing of witnesses, order and burden of proof, examination of witnesses by the parties and commission, deliberation by the commission and preparation of findings and conclusions.
(Ord. 582 § 12, 1994; Ord. 685 § 1, 2005)
Seated members of the personnel appeals commission may serve concurrently on one additional city board, commission, or committee. Members will be subject to the same recruitment and appointment process as any other qualified resident. Appointment to each city board, commission, or committee will be considered separate and subject to the rules and regulations outlined in the Los Alamitos Municipal Code.
(Ord. 18-02 § 2, 2018)