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Receive a report on Civil Service Rule hearing procedures and adopt rule changes or receive additional direction
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HUMAN RESOURCES’ RECOMMENDATION
Receive a report on Civil Service Rule revised hearing procedures and adopt rule changes or receive further direction.
SUMMARY
In August 2017, the Department of Human Resources presented the Commission with some ideas of the types of Rule changes the department was conceptualizing, and asked the Commission for any additional direction. The initial proposed revisions to the Civil Service Hearing procedures were presented to the Commission and the Unions were provided the opportunity to meet and confer on the proposed changes. After receiving and incorporating feedback received as of early March, the County Human Resources Department provided an update to the Commission on March 14, 2018. At that meeting, additional feedback was provided by the Commission’s Counsel and by Civil Service Commissioners. At the April Civil Service Commission meeting, Commissioner Booe asked for the proposed hearing procedures to be placed on the Commission’s agenda for the May meeting. During the May meeting, additional discuss took place, and the Commission gave direction for additional revisions. These revisions were incorporated and notice sent to the affected Unions for input and the opportunity to meet and confer was provide. No additional comments were received. The most recent version of the proposed rule changes is included in this report. Revisions made since the May meeting, are highlighted in gray.
DISCUSSION
During the March 14, 2018 Civil Service Commission, Human Resources staff presented the Commission with proposed revisions to the Civil Service Hearing procedures. Staff indicated the meet and confer process with the Unions were almost concluded, and presented a copy of the most recent version of the proposed hearing procedures.
At the March 14, 2018 meeting, the Civil Service Commission discussed the proposed revisions, had questions answered by Counsel, and made several recommendations for further modifications to the rules. These changes included adding clarification regarding:
• the quantity/sets of copies to be provided by each party;
• proper identification of who the witnesses are, where they work etc.;
• ensuring that exhibits are sequentially numbered;
• the request for recusal of commissioners and establishing criteria as a basis for recusal;
• deadlines and days required for pre-trial motions to be submitted, including “Pitchess” motions;
• hearings are formal and the parties should treat the Commission as a hearing body
During the April 11, 2018, Commissioner Judi Booe, requested the proposed rule changes be added to the agenda for the May meeting, as the item had not been calendared for the April meeting. Ms. Booe, who was unable to be in attendance during the March meeting, had additional proposed edits she wished to have discussed.
Ms. Booe’s proposed edits include adding the following text:
“The Solano County Civil Service Commission will make their ruling on each individual claim that the Claimant has charged. Each item would be discussed separately in a closed session and voted on separately by the Commissioners. (I.e. sexual harassment, age discrimination, sexual orientation issue, violating Civil Service rules, sex discriminations [sic], etc.)
If more than one claim is made to the Commission in the Claimant’s case, thy will be voted and reported on, separately in an open session to the Claimant.”
During the May meeting, the Commission directed additional edits be made, including:
Section 13.03: Adding a provision that allows the parties to stipulate to the hearing date commencing outside of the twenty day time frame;
Section 13.06(G): Clarifying the recusal language and requiring written documentation be submitted containing the facts and reasons for the recusal request.
Section 13.13(A): Clarifying the parties should conduct themselves as if in a formal proceeding;
Section 13.13(B): Modifying the parties shall met at least fourteen (14) days prior to the hearing to pre-mark exhibits (rather than 10);
Section 13.13(C): Adding to the list of documents to be submitted not less than noon, seven (7) calendar days (from 5) to include pre-trial motions and trial briefs;
Section 13.13(D): Adding the documents to be provided to the Commissioners no less than six (6) calendar days from the date of the hearing at 12pm;
Section 13.13(E): Clarifying what needs to occur on the first day of the hearing (rather than “Prior to” the hearing).
Section 13.13 (G): Clarifying that documents need to be sequentially numbered.
Section 13.15(E) (1): Adding a statement indicating hearing timelines may be adjusted to address any Pitchess motions to be considered by the Commission.
Section 13.16(A)(1): Adding a provision which allows for a Commissioner to identify the reasons and facts for the basis of recusing him/herself.
Section 13.16(B):
In addition to the above, time frames were modified in multiple places to make the procedures flow more smoothly. Further, various sections were moved within the document to make the procedures flow better.
ALTERNATIVES
The Civil Service Commission could request additional items be included in the proposed revisions, removal of items to be included, or ask Human Resources to disregard these efforts; however, the Human Resources Department is not recommending this as the proposed revisions reflect the wishes expressed by the Commission and address concerns expressed by the Commission regarding previous hearing processes.
OTHER AGENCY INVOLVEMENT
None.