Regular meetings of the Commission shall be held on the third
Thursday of each and every month, at the hour of 3:00 p.m., in an
office or room provided for the Civil Service Commission in the City
Hall, Stockton, California. Special meetings may be held on the call
of the Chair, Vice-Chair or any three members of the Commission, notice
of which shall be given as prescribed by the Ralph M. Brown Act.
(CS03-058, 08/07/03; CS05-079, 06/16/05; amended by Resolutions CS10-014, 06/17/10)
Three members of the Commission shall constitute a quorum for
the transaction of business and no action may be taken by the Commission
unless it is concurred in and adopted by the affirmative votes of
at least three members of the Commission.
(a) Public Hearings.
Hearings conducted by the Commission shall be public, unless the Commission
by unanimous vote shall determine that a private hearing is necessary
to secure all the facts in the case. Whenever such a finding is made,
the Commission may limit attendance at the hearing to the members
of the Commission, the Personnel Officer, the employee requesting
the hearing, the officer or officers from whose action the appeal
was taken, and such witnesses and other persons as the Commission
may require to be present.
Hearings and investigations that the Commission is authorized
to conduct shall be conducted as a body, but special investigations
and detailed work may be delegated to a single member or to the Personnel
Officer.
(b) Procedures.
The procedure of any hearing or investigation shall be informal and
shall not be restricted so as to deny the introduction of any evidence
that the Commission may deem pertinent. Unless incapacitated, a person
pressing a claim or defending a privilege before the Commission shall
appear personally and shall not be excused from answering questions
and supplying information except upon claim of constitutional privilege
in respect to self-incrimination.
(c) Decisions.
All decisions, opinions, and recommendations arising from a hearing
or investigation by the Commission shall be written and subscribed
to by the members concurring, and shall be counter-signed and filed
as a permanent record by the Personnel Officer. Any member may submit
a minority or supplemental report which shall be filed as a matter
of record.
(Amended by Resolution CS03-058, 08/07/03)
In the event that a quorum is not present at the time and place
set for the public hearing, it shall be automatically continued to
the next regular meeting of the Commission.
(a) Policy.
It is the policy of the Civil Service Commission that all actions
taken by it shall be public and that all deliberations shall be openly
conducted so that the right of the public to participate is protected,
except as provided herein.
(b) Closed Session
Items. The Commission shall adjourn to closed session whenever it
is determined that an issue before it demands confidential deliberation
and closed session is allowed in accordance with
Government Code sections
54950,
et seq. Items referred to closed session shall
include, but shall not be limited to:
(1) Review
of examination results;
(2) Review
of complaints, grievances, appeals, and other matters where charges
have been filed against an employee;
(c) Participants
in Closed Session. Each member of the Commission, legal counsel, City
Clerk, and such staff as designated by the Commission shall be present
in closed session.
(d) Form and
Manner of Notice. All closed session items shall appear on the agenda,
which agenda shall be made available to the public, and shall clearly
state the date, time, and place of the closed session, along with
descriptions of the items to be discussed. Disclosure of information
that would harm the Commission, the City, individual persons, or the
public interest shall not be disclosed on the face of the agenda.
After adjourning from closed session, legal counsel or such
other appropriate staff shall provide an oral report on any action
taken in closed session.
(e) Transcription
of Closed Session. All closed sessions shall be transcribed by the
City Clerk and retained in the archives of the Commission.
(Amended by Resolution CS05-064, 05/19/05, adding Sec. 5 (a)-(e))