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HomeMy Public PortalAbout1993-07-15 PERSONNEL BOARD AGENDA0 0 REGULAR MEETING OF THE PERSONNEL BOARD July 15, 1993 5:00 PM I CALL TO ORDER 11 PLEDGE OF ALLEGIANCE III APPROVAL OF MINUTES IV STUDIES & REPORTS V ORAL COMMUNICATIONS ROLL CALL Kent Swift, Chairpe Patrice Bell Nancy Gilpen George Lewis Arnold Litke June 3, June 7, June 17, June 29, CITY f LYNWOOD CITY CLERKS OFFICE 1993 Special I 1993 Recessed Meeting 1993 Regular Meeting 1993 Special Meeting 1) Certification of Eligibility Lists a. Administrative Analyst I b. Sr. Housing Rehab. Specialist (handout at meeting) 2) Review of Proposed Classification Statements a. Facilities Maintenance Director b. Housing Program Manager 3) Appeal Hearing Guidelines V ADJOURN JUL 12 1993 0 0 SPECIAL MEETING OF THE PERSONNEL BOARD CITY OF LYNWOOD June 3, 1993 A special meeting of the Personnel Board of the City of Lynwood, California was held on Thursday, June 3, 1993, at 5:00 p m. in the Council Chambers of the Lynwood City Hall, 11330 Bullis Road, Lynwood, California. The agenda was duly posted as prescribed by the Brown Act. CALL TO ORDER Chairperson Swift called the meeting to order at 5:04 p.m. Roll call was taken by Gail Black, Director of Human Resources. Commissioners Gilpen, Bell, Litke, Lewis and Swift were present. PLEDGE OF ALLEGIANCE Led by Commissioner Litke DISCIPLINARY APPEAL Mr. Larry Minsky, plaintiff's counsel and Mr. Douglas Barnes, City Attorney met from 5:14 p m. to 5 p m. in closed session. The Board was represented by Ron Wilson, Chairperson Swift apprised parties of the purpose of the hearing in the matter of Steve Munoz. It was noted by plaintiff's counsel that an open hearing was requested Mr. Minsky requested that the witnesses be excused from the Council Chambers while testimony was being heard. The hearing proceeded with the call of witnesses. Mr Barnes called Phil Cobb as the first witness. After Mr. Barnes conclusion of questioning, Mr. Minsky began cross examination. Mr. Emilio Murga was called as Mr. Barnes' next witness with Mr. Minsky cross examining. Laurence Adams was questioned by Mr. Barnes followed by Mr. Minsky. Mr. Barnes called Gerald Wallace for questioning with Mr. Minsky cross examining ADJOURNMENT Commissioner Lewis made the motion at 8 and it was seconded to recess the hearing to June 7, 1993 at 5 p m. in the City Council Chambers. All in favor Motion carried. 0 0 RECESSED MEETING OF THE PERSONNEL BOARD CITY OF LYNWOOD June 7, 1993 A recessed meeting of the Personnel Board of the City of Lynwood, California was held on Monday, June 7, 1993, at 5:00 p m. in the Council Chambers of the Lynwood City Hall, 11330 Bullis Road, Lynwood, California. The agenda was duly posted as prescribed by the Brown Act. CALL TO ORDER Chairperson Swift called the meeting to order at 5 p.m. Roll call was taken by Gail Black, Director of Human Resources Commissioners Gilpen, Bell, Litke, Lewis and Swift were present. PLEDGE OF ALLEGIANCE Led by Commissioner Lewis DISCIPLINARY APPEAL Mr. Minsky called witnesses Don Allen, Sam Fort, Deputy Ortega, Don Olson, Greg Hernandez and Steve Munoz individually for questioning with Mr. Barnes cross examining each. Mr Minsky requested a brief recess at 6.22 p.m. The Board was reconvened at 6.28 p.m. Mr. Barnes began his closing arguments at 9 p.m. and concluded at 9:19 p.m. Mr. Minsky presented his closing arguments to the Board at 9 and concluded at 9:26 p.m. Commissioner Litke moved with Commissioner Gilpen seconding to recess to closed session at 9:26 p m The Board reconvened at 10:12 p.m Chairperson Swift read the Board's findings and recommendations. Decision. Disciplinary action sustained. Commissioner Lewis motioned with Commissioner Bell seconding to pass the Findings and Recommendations. Ayes: Commissioners Bell, Swift, Lewis, Gilpen; Noes. Commissioner Litke. Motion Carried Mr. Minsky requested a transcript of the proceedings. ADJOURNMENT Commissioner Litke made the motion at 10:21 p.m and Commissioner Gilpen seconded to adjourn to the next regularly scheduled meeting, June 17, 1993, 5:00 p.m. All in favor Motion carried 0 9 REGULAR MEETING OF THE PERSONNEL BOARD CITY OF LYNWOOD June 17, 1993 The regular meeting of the Personnel Board of the City of Lynwood, California was held on Thursday, June 17, 1993, at 5:00 p.m. in the Council Chambers of the Lynwood City Hall, 11330 Bullis Road, Lynwood, California. The agenda was duly posted as prescribed by the Brown Act. CALL TO ORDER Vice - Chairperson Bell called the meeting to order at 5:05 p.m. Roll call was taken by Roy Bufanda, Administrative Analyst. Commissioners Gilpen, Bell, Litke and Lewis were present. Commissioner Swift arrived late. PLEDGE OF ALLEGIANCE Led by Commissioner Gilpen APPROVAL OF MINUTES The motion was made by Commissioner Gilpen and seconded by Commissioner Litke to approve the minutes of the regular meeting of May 20, 1993. All in favor. Motion carried. STUDIES & REPORTS The motion was made by Commissioner Litke and seconded by Commissioner Gilpen to approve the eligibility list for Senior Building Inspector. All in favor Motion carried The motion was made by Commissioner Gilpen and seconded by Commissioner Litke to approve ,the request for an open recruitment for the position of Sr Housing Rehabilitation Specialist. All in favor. Motion carried. ORAL COMMUNICATIONS NONE ADJOURNMENT Commissioner Litke made the motion and Commissioner Gilpen seconded to adjourn to the next regularly scheduled meeting, July 15, 1993 5:00 p.m. All in favor Motion carried. SPECIAL MEETING OF THE PERSONNEL BOARD CITY OF LYNWOOD June 29, 1993 A special meeting of the Personnel Board of the City of Lynwood, California was held on Tuesday, June 29, 1993, at 5:00 p.m in the Council Chambers of the Lynwood City Hall, 11330 Bullis Road, Lynwood, California. The agenda was duly posted as prescribed by the Brown Act. CALL TO ORDER Chairperson Swift called the meeting to order at 5 p m. Roll call was taken by Gail L. Black, Director of Human Resources Commissioners Gilpen, Bell, Litke and Swift were present. Commissioner Lewis entered meeting at 5:10 p.m. PLEDGE OF ALLEGIANCE Led by Commissioner Litke STUDIES & REPORTS The motion was made by Commissioner Bell and seconded by Commissioner Gilpen to approve the request to open recruitment for the position of Assistant City Manager. All in favor Motion carried. The motion was made by Commissioner Litke to accept the revision of title and statement for Community and Leisure Services Director. The motion was amended to recommend to the City Council to accept the revision of title and statement for the position of Recreation and Community Services Director. Commissioner Gilpen seconded the amended motion. All in favor. Motion carried. The motion was made by Commissioner Gilpen and seconded by Commissioner Bell to recommend to the City Council the adoption of the classification statement for Project Manager. All in favor. Motion carried. ORAL COMMUNICATIONS Commissioner Lewis announced that the Lynwood High School Booster's Club fireworks stand was located at Lynwood Market Place. Commissioner Bell questioned if the City was anticipating a fireworks display for the 4th of July holiday The response was yes. Ms. Black informed the commission that this was an unpaid meeting. ADJOURNMENT E Commissioner Bell made the motion and Commissioner Gilpen seconded to adjourn to the next regularly scheduled meeting, July 15, 1993 5 p m All in favor. Motion carried. 9 DATE: TO: FROM: SUBJECT City of LYNWOOD cA City Meeting NCIPVC119M 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603 -0220 July 15, 1993 ccem ALLAMIFRICA CIT. II Honorable Chairperson and Personnel Board Members Gail L. Black, Director of Human Resourcesmo- CERTIFICATION OF ELIGIBILITY LISTS The Board is respectfully requested to certify the following - eligibility lists: Administrative Analyst I Sr. Housing Rehabiliation Specialist Lists containing the candidates' names and breakdown of scores is attached for your review. + • i REGULAR MEETING OF THE PERSONNEL BOARD July 15, 1993 5:00 PM I CALL TO ORDER ROLL CALL Kent Swift, Chairperson Patrice Bell Nancy Gilpen George Lewis Arnold Litke 11 PLEDGE OF ALLEGIANCE III APPROVAL OF MINUTES June 3, 1993 Special Meeting June 7, 1993 Recessed Meeting June 17, 1993 Regular Meeting June 29, 1993 Special Meeting IV ` STUDIES & REPORTS 1) Certification of Eligibility Lists a. Administrative Analyst I b. Sr. Housing Rehab. Specialist (handout at meeting) 2) Review of Proposed Classification Statements a. Facilities Maintenance Director b. Housing Program Manager 3) Appeal Hearing Guidelines V ORAL COMMUNICATIONS Vti- \ ADJOURN a 0 6 SPECIAL MEETING OF THE PERSONNEL BOARD CITY OF LYNWOOD June 3, 1993 A special meeting of the Personnel Board of the City of Lynwood, California was held on Thursday, June 3, 1993, at 5:00 p.m. in the Council Chambers of the Lynwood City Hall, 11330 Bullis Road, Lynwood, California. The agenda was duly posted as prescribed by the Brown Act. CALL TO ORDER Chairperson Swift called the meeting to order at 5.04 p.m. Roll call was taken by Gail Black, Director of Human Resources. Commissioners Gilpen, Bell, Litke, Lewis and Swift were present. PLEDGE OF ALLEGIANCE Led by Commissioner Litke DISCIPLINARY APPEAL Mr. Larry Minsky, plaintiff's counsel and Mr. Douglas Barnes, City Attorney met from 5:14 p.m. to 5.19 p.m. in closed session. The Board was represented by Ron Wilson. Chairperson Swift apprised parties of the purpose of the hearing in the matter of Steve Munoz. It was noted by plaintiff's counsel that an open hearing was requested. Mr. Minsky requested that the witnesses be excused from the Council Chambers while testimony was being heard. The hearing proceeded with the call of witnesses. Mr. Barnes called Phil Cobb as the first witness. After Mr. Barnes conclusion of questioning, Mr. Minsky began cross examination. Mr. Emilio Murga was called as Mr. Barnes' next witness with Mr. Minsky cross examining. Laurence Adams was questioned by Mr. Barnes followed by Mr. Minsky. Mr. Barnes called Gerald Wallace for questioning with Mr. Minsky cross examining ADJOURNMENT Commissioner Lewis made the motion at 8:07 and it was seconded to recess the hearing to June 7, 1993 at 5:00 p m in the City Council Chambers. All in favor. Motion carried. RECESSED MEETING OF THE PERSONNEL BOARD CITY OF LYNWOOD June 7, 1993 A recessed meeting of the Personnel Board of the City of Lynwood, California was held on Monday, June 7, 1993, at 5:00 p.m. in the Council Chambers of the Lynwood City Hall, 11330 Bullis Road, Lynwood, California. The agenda was duly posted as prescribed by the Brown Act. CALL TO ORDER Chairperson Swift called the meeting to order at 5:08 p.m Roll call was taken by Gail Black, Director of Human Resources. Commissioners Gilpen, Bell, Litke, Lewis and Swift were present. PLEDGE OF ALLEGIANCE Led by Commissioner Lewis DISCIPLINARY APPEAL Mr. Minsky called witnesses Don Allen, Sam Fort, Deputy Ortega, Don Olson, Greg - Hernandez and Steve Munoz individually for questioning with Mr. Barnes cross examining each. Mr Minsky requested a brief recess at 6:22 p.m. The Board was reconvened at 6:28 p.m. Mr. Barnes began his closing arguments at 9:13 p.m. and concluded at 9:19 p.m. Mr. Minsky presented his closing arguments to the Board at 9:19 and concluded at 9:26 p.m. Commissioner Litke moved with Commissioner Gilpen seconding to recess to closed session at 9:26 p.m. The Board reconvened at 10:12 p.m Chairperson Swift read the Board's findings and recommendations. Decision: Disciplinary action sustained. Commissioner Lewis motioned with Commissioner Bell seconding to pass the Findings and Recommendations. Ayes: Commissioners Bell, Swift, Lewis, Gilpen; Noes: Commissioner Litke. Motion Carried. Mr. Minsky requested a transcript of the proceedings. ADJOURNMENT Commissioner Litke made the motion at 10:21 p.m. and Commissioner Gilpen seconded to adjourn to the next regularly scheduled meeting, June 17, 1993, 5:00 p.m. All in favor Motion carried. 0 9 REGULAR MEETING OF THE PERSONNEL BOARD CITY OF LYNWOOD June 17, 1993 The regular meeting of the Personnel Board of the City of Lynwood, California was held on Thursday, June 17, 1993, at 5:00 p.m. in the Council Chambers of the Lynwood City Hall, 11330 Bullis Road, Lynwood, California The agenda was duly posted as prescribed by the Brown Act. CALL TO ORDER Vice - Chairperson Bell called the meeting to order at 5:05 p.m. Roll call was taken by Roy Bufanda, Administrative Analyst. Commissioners Gilpen, Bell, Litke and Lewis were present. Commissioner Swift arrived late. PLEDGE OF ALLEGIANCE Led by Commissioner Gilpen APPROVAL OF MINUTES The motion was made by Commissioner Gilpen and seconded by Commissioner Litke to approve the minutes of the regular meeting of May 20, 1993. All in favor. Motion carried STUDIES & REPORTS The motion was made by Commissioner Litke and seconded by Commissioner Gilpen to approve the eligibility list for Senior Building Inspector. All in favor. Motion carried. The motion was made by Commissioner Gilpen and seconded by Commissioner Litke to approve the request for an open recruitment for the position of Sr. Housing Rehabilitation Specialist. All in favor. Motion carried. ORAL COMMUNICATIONS NONE ADJOURNMENT Commissioner Litke made the motion and Commissioner Gilpen seconded to adjourn to the next regularly scheduled meeting, July 15, 1993 5:00 p.m. All in favor Motion carried. 0 0 SPECIAL MEETING OF THE PERSONNEL BOARD CITY OF LYNWOOD June 29, 1993 A special meeting of the Personnel Board of the City of Lynwood, California was held on Tuesday, June 29, 1993, at 5 00 p.m. in the Council Chambers of the Lynwood City Hall, 11330 Bullis Road, Lynwood, California. The agenda was duly posted as prescribed by the Brown Act. CALL TO ORDER Chairperson Swift called the meeting to order at 5:05 p.m. Roll call was taken by Gail L. Black, Director of Human Resources. Commissioners Gilpen, Bell, Litke and Swift were present. Commissioner Lewis entered meeting at 5 10 p m. PLEDGE OF ALLEGIANCE Led by Commissioner Litke STUDIES & REPORTS The motion was made by Commissioner Bell and seconded by Commissioner Gilpen to approve the request to open recruitment for the position of Assistant City Manager. All in favor. Motion carried The motion was made by Commissioner Litke to accept the revision of title and statement for Community and Leisure Services Director. The motion was amended to recommend to the City Council to accept the revision of title and statement for the position of Recreation and Community Services Director. Commissioner Gilpen seconded the amended motion. All in favor. Motion carried. The motion was made by Commissioner Gilpen and seconded by Commissioner Bell to recommend to the City Council the adoption of the classification statement for Project Manager. All in favor. Motion carried. ORAL COMMUNICATIONS Commissioner Lewis announced that the Lynwood High School Booster's Club fireworks stand was located at Lynwood Market Place. Commissioner Bell questioned if the City was anticipating a fireworks display for the 4th of July holiday The response was yes. Ms. Black informed the commission that this was an unpaid meeting. 9 ADJOURNMENT Commissioner Bell made the motion and Commissioner Gilpen seconded to adjourn to the next regularly scheduled meeting, July 15, 1993 5:00 p m All in favor Motion carried. 0 DATE: TO: FROM: SUBJECT: City o f ]LYNWOOD LA Caq �. Meeting N aRenges 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603 -0220 July 15, 1993 (I II� I Honorable Chairperson and Personnel Board Members Gail L. Black, Director of Human Resources�j' CERTIFICATION OF ELIGIBILITY LISTS The Board is respectfully requested to certify the following - eligibility lists: Administrative Analyst I Sr. Housing Rehabiliation Specialist Lists containing the candidates' names and breakdown of scores is attached for your review. 9 r 7 -13 -93 ADMINISTRATIVE ANALYST I ELIGIBILITY LIST ORAL 70 PTS. 1. D. Escalante 52.67 2. C. Handley 49.67 3. S. Brown 45.67 4. J. Thomas 44.67 5. G. Buitrago 44.00 9 applicants 9 accepted 8 oral interview (1 cancelled) 5 passed oral 5 certification 3 female black 2 female Hispanic 0 0 July 14, 1993 SENIOR HOUSING REHABILITATION SPECIALIST ELIGIBILITY LIST 1 Binette Riddle 2. Scott Ehrlich 3. Dzu Le 4. Ronald Martinez 5. Aly Haidar 6. Armando Garcia 7. Feliz Trinidad 8. Raymond Hawkins 27 Applicants 15 accepted 15 oral interview (1 no show) 8 passed oral 8 certification 1 female black 1 male black 1 male Asian 3 male Hispanic 2 male white ORAL 70 PTS. 58.67 56.67 56.33 53 33 491 11 " 11 50.67 46.50 �fCGr S e / 45.33 ^G{ � /CfGle�idd 0 City of LYNWOOD ,-A Ctty Aeeting Naffenges 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603 -0220 0 Doom ALI - AM ERICA CRY )VIII DATE: July 15, 1993 TO: Honorable Chairperson and Personnel Board Members Ly FROM: Gail L. Black, Director of Human Resouces�' SUBJECT: REVIEW OF PROPOSED CLASSIFICATION STATEMENTS: FACILITIES MAINTENANCE DIRECTOR /HOUSING PROGRAM MGR. PURPOSE To review proposed classification statements for the position of ,Facilities Maintenance Director and Housing Program Manager. * The City Manager has identified a need for the inclusion of position.statements for a Facilities Maintenance Director and Housing Program Manager. * A job analyses was completed and subsequent classification statements prepared by the Human Resources Department. That the Personnel Board review and recommend the City Council's adoption of the classification statements for Facilities Maintenance Director and Housing Program Manager. • • CITY OF LYNWOOD FACILITIES MAINTENANCE DIRECTOR DEFINITION Under the administrative direction of the City Manager, to plan, organize, and direct a comprehensive facilities maintenance program including street maintenance, city garage, building maintenance, grounds maintenance, anti - graffiti program, and code enforcement; and performs related work as required. EXAMPLES OF DUTIES Plans, organizes, directs and coordinates services provided by the department related to parks and landscaped areas, buildings and facilities, streets, weed abatement, vehicle maintenance, anti 7 graffiti, and code enforcement; plans and directs the maintenance and care of trees in city parks; coordinates and reports on the construction, maintenance and repair of streets; oversees the activities of the garage and ensures repairs are made in a timely manner; directs the maintenance, repair and new construction within City buildings, structures and facilities; oversees and directs the work of the anti - graffiti crew in eradicating graffiti from various structures within the City; directs and coordinates the functions of the City's code enforcement activities and ensures compliance with all applicable laws and building codes; confers with department supervisors concerning the planning, scheduling and assigning of maintenance, operation, repair and construction functions; makes periodic checks on work progress and recommends improvements; monitors and ensures all staff are property trained to minimize work incurred injuries; prepares the department's annual budget; reviews and makes suggestions on purchases and equipment specifications; develops and reviews costs estimates for a variety of jobs; recommends changes in the basic structure and staffing complement; administers the training and evaluation programs of personnel; attends City Council meetings and meets with the public as needed. SPECIAL REQUIREMENT Possession of an appropriate California driver's license issued by the State Department of Motor Vehicles. Facilities Maintenance Director Page 2 DESIRABLE QUALIFICATIONS Knowledge of: Municipal government and maintenance department organiza- tion and administration; Principles, practices, methods, equipment and materials used in municipal maintenance programs; Laws, codes, rules and procedures which apply to municipal maintenance as well as the procedures involved in their enforcement; Municipal organization, administration, budget preparation, and cost accounting; Modern principles and practices of management, personnel administration, staffing and supervision; Laws, ordinances, rules and regulations affecting zoning, housing and land use; Recordkeeping and report preparation practices; and Ability to: Plan, organize, supervise and direct the work of employees within the department; Develop comprehensive plans to meet future City needs/ services; Research and prepare complex reports on a variety of subjects; Prepare and administer departmental budget and fiscal controls; Communicate effectively both orally and in writing; Establish and maintain effective working relationships with other City departments, City Council, employees, contractors and the general public; Supervise and direct professional and technical staff engaged in office and field work; Deal constructively with conflict and develop effective resolutions; Facilities Maintenance Director Page 3 and Training and Experience: Any combination of training and experience which would provide the required knowledges and abilities is qualifying. A typical way to obtain these knowledges and abilities would be: Five years of increasingly responsible experience in municipal government and /or private industry within one or more of the following areas: street, building, garage or ground maintenance; anti - graffiti or code enforcement programs, including at least three years in a supervisory or administrative capacity. Education: Graduation from an accredited four year college or university with major course work in public or business administration is highly desirable. 9 CITY OF LYNWOOD HOUSING PROGRAM MANAGER DEFINITION 0 Under administrative direction, plans, develops, implements and evaluates a low and moderate income housing program as well as individual programs and performs related work as required. EXAMPLES OF DUTIES Plans, develops, implements and evaluates existing and proposed low and moderate income housing programs, including inf ill housing and both rehabilitation and new projects; develops and makes recommendations on housing policies; coordinates projects sponsored by nonprofit housing development corporations; monitors the implementation of the City's revised Housing Element of the General Plan; performs complex analytical work utilizing quantitative and qualitative techniques for feasibility studies, cost and funding analyses; identifies and analyzes property to determine suitability for housing developments and /or rehabilitation; prepares contracts, lesses, and requests for proposals; evaluates proposals; coordinates financial programs with lending institutions, investment banking firms, bond counsel, building developers, and insurance companies; negotiates contracts; staffs and works effectively with commissions or task forces; confers with the Director of Community Development regarding policy, management and financial concerns of the Housing Division; identifies funding resources for housing programs and develops ,funding proposals; maintains and prepares a variety of reports including financial reports and records; prepares grant applications and accompanying reports and ensures proper management of grants funds; prepares and administers the division's budget; develops and disseminates informational materials; makes effective oral and written presentations; works closely with other City departments, commissions, committees and the public; and oversees the City's housing rehabilitation program and supervision of support staff. SPECIAL REQUIREMENT Possession of an appropriate California driver's license issued by the State Department of Motor Vehicles. 0 Housing Program Manager Page 2 DESIRABLE QUALIFICATIONS Knowledge of: Federal, state and local housing policies, programs and regulations governing development of low and moderate income housing and Community Development Block Grant funds and Federal Home Program; real estate and housing development and rehabilitation financing procedures; Contract negotiations and administration; State and local planning laws and ordinances and land use regulations; Research and statistical analysis methods and concepts of development including land use and regulatory planning; Legislation and precedence in housing and community development; Socioeconomic factors of low and moderate income populations; Public relation principles and practices; Effective report writing methods and procedures; Administration of grants research and writing. and Ability to: Establish and maintain a professional and cooperative relationsip with city staff, City Council, community organizations, outside agency repre- sentatives, financial institutions, developers and members of the general public; Plan, organize, and direct staff engaged in division activities; Deal effectively with conflict and develop effective resolutions; Prepare and present comprehensive written and oral reports; Effectively negotiate complex contracts; read blueprints for fundamental knowledge of structures and con- struction Prepare and administer the division's budget. 0 0 Housing Program Manager Page 3 Training and Experence: Any combination of training and experience which would provide the required knowledges and abilities is qualifying. A typical way to obtain these knowledges and abilities would be: Four years of increasingly responsible professional experience in management, financial and economic analysis and affordable housing program administration, including at least two years in a supervisory or administrative capacity. Education: Graduation from an accredited four year college or university with a Bachelor's degree in economics, planning, business, public administration or a closely related field. 9 0 City of LYNWOOD ALL AMERICA CIIR ,-A City I- Meeting Daffengm 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603 -0220 DATE: TO: FROM: SUBJECT: July 15, 1993 Honorable Chairperson and Personnel Board Members Gail L. Black, Director of Human Resources ,& � APPEAL HEARING GUIDELINES Attached for the Board's review and comments is a guideline to assist the Chairperson in the event of a Personnel Board hearing. This guide does not require any action on behalf of the Board. It will serve as a tool for the Board when hearings are held. 0 0 CITY OF LYNWOOD PERSONNEL BOARD APPEAL HEARING GUIDELINES 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PRIOR NOTICE - Before the hearing, the Chairperson shall verify with the Board's secretary that the hearing was properly noticed (NOTE: If not proerly noticed, a waiver of notice should be obtained from all parties in order to proceed with the hearing) 4. OPENING - At the time set for the hearing, the Chairperson shall announce: "Pursuant to applicable provisions of the Lynwood Municipal Code and the Personnel Rules and Regulations of this City, this is the time and place for the hearing regarding the (e.g., suspension, termination, etc.) relating to (name of appellant)." 5. OPEN /CLOSED HEARING - The Chairperson addresses the appellant as follows: "You are advised that this hearing, at your choice, may be either open or closed to the public. If you desire the hearing to be closed, only members of the Board and their support staff, legal counsel, a court reporter, the City Administrator and any designees, the appointing authority and his /her representative and you and your representative will be permitted to be present. Do you desire this to be an open or closed hearing ?" (NOTE: If a closed hearing has been selected, the Chairperson shall direct all non - essential paties to leave the hearing room) 6. WITNESS DETERMINATION - The Chairperson shall determine all possible witnesses at the hearing from both parties. 0 City of Lynwood Personnel Board Appeal Hearing Guidelines Page 3 10. TESTIMONY - APPOINTING AUTHORITY 0 A. "The Appointing Authority /Representative may begin case presentation by calling the first witness." B. After the oath is administered ( #9): "Mr. /Ms. (Appointing Authority /Representative), you may begin the direct examination of the witness." C. "Mr. /Ms. (Appellant or Representative) may cross examine the witness." D. "Mr. /Ms. (Appointing Authority/ Representative) do you wish to conduct any redirect ?" E. Following any redirect: "Mr. /Ms. (Appellant or Representaitve) do you wish to conduct any redirect? No new evidence can be submitted" F. "Do Commissioners have any questions of the witness? Then, the witness is excused and requested not to discuss his /her testimony with other witnesses. Mr. /Ms. (Appointing Authority or Repreentative) you may call your next witness." NOTE: Steps B through F above are continued until all those on behalf of the Appointing Authority have been heard 11. TESTIMONY - APPELLANT A. "The Appellant" case will now be heard. You may begin by calling your first witness." B. After the oath is administered: "Mr. /Ms. (Appellant or his /her representative), you may begin the direct examination of the witness." C. "Mr. /Ms. (Appointing Authority or Representative) may cross examine the witness." D. "Mr. /Ms. (Appellant or his /her Representative) do you wish to conduct any redirect ?" 0 0 City of Lynwood Personnel Board Appeal Hearing Guidelines Page 2 7. EXCLUSION OF INDIVIDUALS EITHER: "This will be a closed hearing. All but essential persons will now leave the room." (Note: Refer to #5 for essential parties) KV "This will be an open hearing. All individuals may remain except those designated as witnesses." (NOTE: A visual check should be made to ensure that the requested persons have left the room and also that the outside speakers are not on) 8. PRESENTATION OF INITIAL EVIDENCE AND STATEMENTS A. "Documents admitted in advance will be marked as exhibits. - Will staff please identify the documents for the record ?" B. "Each party to the action will be allowed 10 minutes to make an opening statement. The appointing authority or his /her representative may begin now." C. "The employee or his /her representative may now make an opening statement also limited to 10 minutes." D: "Are there any exhibits that either party wants to submit for the record? If so, both parties will have the opportunity to review and comment on the evidence." 9. OATH Each witness will be sworn in as follows: "Do yo solemnly swear (or affirm) that the testimony you shall give in this hearing shall be the truth and nothing but the truth, so help you God ?" 0 0 City of Lynwood Personnel Board Appeal Hearing Guidelines Page 4 E. Following any redirect: "Mr. /Ms. (Appointing Authority or Representative) do you wish to conduct any redirect? No new evidence can be submitted." F. "Do Commissioners have any questions of the witness ?" "The witness is excused and requested not to discuss his /her testimony with other witnesses. Mr. /Ms. (Appellant or his /her Representative) you may call your next witness." NOTE: Steps B through F above are continued until all those on behalf of the Appellant have been heard 12. ADMISSABLE EVIDENCE 6 OBJECTIONS NOTE: If objections are made, the Chairperson must sustain or overrule the objections. Hearsay is evidence that the person did not actually see or hear, but was told by another person. Hearsay may be used to supplement or clarify direct evidence, but may not be used to support an essential finding or fact unless allowable on objection in civil actions. With the assistance of the Commission's counsel, the Chairperson shall rule on the inclusion /exclusion of evidence. Chairperson: "Unless Commissioners object, the evidence will (not) be heard." 13. CLOSING ARGUMENTS "Mr. /Ms. (Appointing Authority /Representative), you may make your closing remarks. Please limit your comments to 10 minutes." "Mr. /Ms. (Appellant or Representative), you now have 10 minutes to complete your closing arguments." 14. DELIBERATIONS "Having heard all of the testimony, the Hearing is closed and the Commission will go into closed session for deliberations." (NOTE: Staff will provide the Commission with examples of findings and recommendations prepared in other cases) City of Lynwood Personnel Board Appeal Hearing Guidelines Page 5 15. DECISION "Let the record show that the Commission meeting was reconvened to regular session at (time)." (NOTE: If needed, deliberations may be continued to another date. However, a decision must be announced within 10 days' of the close of the hearing). "The following represents the Commission's Findings and Recommendations." (The Chair may read the determination or request that Commission staff or Counsel do so) "The Chair will entertain a motion to adopt the findings. Does any Commissioner want to make minority comments ?" 16. CONCLUSION "The disciplinary matter on (name) is now concluded." Either "The Commission will now return to the next agenda item." or "The Chair will now entertain a motion to adjourn the meeting."