Hearing Procedures. The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary parties. The employee shall be entitled to appear personally, produce evidence, and have CSEA representation. The employee shall be entitled to a public hearing if he/she demands it when the Board is hearing the appeal. 18.12.1 The complainant may also be represented by counsel. The procedure entitled "Administrative Adjudication" commencing with Government Code 11500 shall not apply to any such hearing before the Board or a hearing officer. Neither the Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board. 18.12.2 All hearings shall be heard by a hearing officer (who shall be an attorney licensed in the State of California) except in those cases where the Board determines to hear the appeal itself. In any case in which the Board hears the appeal, the Board may use the services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant. 18.12.3 If the appeal is heard by the Board, the Board shall affirm, modify or revoke the recommended personnel action. 18.12.4 If the appeal is heard by a hearing officer, he/she shall prepare a proposed decision in a form that may be adopted by the Board as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten days after the proposed decision is filed by the Board. After furnishing the proposed decision to each party, the Board may: 18.1.4.1 Adopt the proposed decision in its entirety. 18.1.4.2 Reduce the personnel action set forth in the proposed decision and adopt the balance of the proposed decision. 18.1.4.3 Reject a proposed reduction in personnel action, approve the disciplinary action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision. 18.1.4.4 Reject the proposed decision in its entirety. 18.12.5 If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she shall prepare a proposed decision, as provided in item Section 18.12.4 above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 days after the proposed decision is filed by the Board. 18.12.6 In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary action, the Board or the hearing officer may consider the records of any prior disciplinary action proceedings against the employee in which a disciplinary action was ultimately sustained and any records that were contained in the employee's personnel files and introduced into evidence at the hearing.
Appears in 6 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Hearing Procedures. The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Board or hearing officer and the availability of the CSEA representative, counsel representation and witnesses. .
14.9.1 The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary partieshearing. The employee shall be entitled to appear personally, produce evidence, and have CSEA representation. The employee shall be entitled to a public hearing if he/she demands it when the Board is hearing the appeal.
18.12.1 . The complainant Superintendent or designee may also be represented by counsel. The procedure entitled "Administrative Adjudication" commencing with Government Code 11500 shall not apply to any such hearing before the Board or a hearing officerhave representation. Neither the Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 14.9.2 All hearings shall be heard by a hearing officer (who shall be an attorney licensed in the State of CaliforniaCalifornia and who will be mutually agreed upon by CSEA and the District) except in those cases where the Board determines to hear the appeal itself. In any case in which the Board hears the appeal, the Board may use the services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the Board shall affirm, modify or revoke the recommended personnel action.
18.12.4 14.9.3 If the appeal is heard by a hearing officer, he/she shall prepare a proposed decision in a form that may be adopted by the Board as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten (10) working days after the proposed decision is filed by the Board. After furnishing the proposed decision to each party, the The Board may:
18.1.4.1 a. Adopt the proposed decision in its entirety.
18.1.4.2 b. Reduce the personnel action set forth in the proposed decision and adopt the balance of the proposed decision.
18.1.4.3 c. Reject a proposed reduction in personnel action, approve the disciplinary personnel action sought by the complainant Superintendent or designee or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 d. Reject the proposed decision in its entirety.
18.12.5 14.9.4 If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she shall prepare a proposed decision, as provided in item Section 18.12.4 14.9.3 above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 ten (10) days after the proposed decision is filed by the Board.
18.12.6 14.9.5 In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary personnel action, the Board or the hearing officer may consider the records of any prior disciplinary personnel action proceedings against the employee in which a disciplinary personnel action was ultimately sustained and any records that were contained in the employee's ’s personnel files file and introduced into evidence at the hearing, provided that the records of a previous personnel action are not older than two (2) calendar years prior to the date of notice of proposed disciplinary action.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Hearing Procedures. a. The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary partieshearing. The employee shall be entitled to appear personally, produce evidence, and have CSEA representationcounsel. The employee shall be entitled to a public hearing if he/she demands it when the Board is hearing the appeal.
18.12.1 . The complainant may also be represented by counsel. The procedure entitled "Administrative Adjudication" commencing with Government Code 11500 shall not apply to any such hearing before the Board or a hearing officer. Neither the Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 b. All hearings shall be heard by a hearing officer (who shall be an attorney licensed in the State of California) except in those cases where the Board determines to hear the appeal itself. In any case in which the Board hears the appeal, the Board may use the services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the Board shall affirm, modify or revoke the recommended personnel action.
18.12.4 c. If the appeal is heard by a hearing officer, he/she shall prepare a proposed decision in a form that may be adopted by the Board as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten days after the proposed decision is filed by the Board. After furnishing the proposed decision to each party, the The Board may:
18.1.4.1 (1) Adopt the proposed decision in its entirety.
18.1.4.2 (2) Reduce the personnel action set forth in the proposed decision and adopt the balance of the proposed decision.
18.1.4.3 (3) Reject a proposed reduction in personnel action, approve the disciplinary personnel action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 (4) Reject the proposed decision in its entirety.
18.12.5 d. If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she shall prepare a proposed decision, as provided in item Section 18.12.4 "c" above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 days after the proposed decision is filed by the Board.
18.12.6 e. In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary personnel action, the Board or the hearing officer may consider the records of any prior disciplinary personnel action proceedings against the employee in which a disciplinary personnel action was ultimately sustained and any records that were contained in the employee's personnel files and introduced into evidence at the hearing.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Hearing Procedures. a. The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary partieshearing. The employee shall be entitled to appear personally, produce evidence, and have CSEA representationcounsel. The employee shall be entitled to a public hearing if he/she demands it when the Board is hearing the appeal.
18.12.1 . The complainant may also be represented by counsel. The procedure entitled "Administrative Adjudication" commencing with Government Code 11500 1150 shall not apply to any such hearing before the Board or a hearing officer. Neither the Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 b. All hearings shall be heard by a hearing officer (who shall be an attorney licensed in the State of California) except in those cases where the Board determines to hear the appeal itself. In any case in which the Board hears the appeal, the Board may use the services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the Board shall affirm, modify or revoke the recommended personnel action.
18.12.4 c. If the appeal is heard by a hearing officer, he/she shall prepare a proposed decision in a form that may be adopted by the Board as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten 10 days after the proposed decision is filed by the Board. After furnishing the proposed decision to each party, the The Board may:
18.1.4.1 (1) Adopt the proposed decision in its entirety.
18.1.4.2 (2) Reduce the personnel action set forth in the proposed decision and adopt the balance of the proposed decision.
18.1.4.3 (3) Reject a proposed reduction in personnel action, approve the disciplinary personnel action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 (4) Reject the proposed decision in its entirety.
18.12.5 d. If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she shall prepare a proposed decision, as provided in item Section 18.12.4 "c" above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 days after the proposed decision is filed by the Board.
18.12.6 e. In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary personnel action, the Board or the hearing officer may consider the records of any prior disciplinary personnel action proceedings against the employee in which a disciplinary personnel action was ultimately sustained and any records that were contained in the employee's personnel files and introduced into evidence at the hearing.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Hearing Procedures. a. The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary partieshearing. The employee shall be entitled to appear personally, produce evidence, and have CSEA representationcounsel. The employee shall be entitled to a public hearing if he/she demands it when the Board is hearing the appeal.
18.12.1 . The complainant may also be represented by counsel. The procedure entitled "Administrative Adjudication" commencing with Government Code 11500 shall not apply to any such hearing before the Board or a hearing officer. Neither the Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 b. All hearings shall be heard by a hearing officer (who shall be an attorney licensed in the State of California) except in those cases where the Board determines to hear the appeal itself. In any case in which the Board hears the appeal, the Board may use the services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the Board shall affirm, modify or revoke the recommended personnel action.
18.12.4 c. If the appeal is heard by a hearing officer, he/she shall prepare a proposed decision in a form that may be adopted by the Board as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten 10 days after the proposed decision is filed by the Board. After furnishing the proposed decision to each party, the The Board may:
18.1.4.1 (1) Adopt the proposed decision in its entirety.
18.1.4.2 (2) Reduce the personnel action set forth in the proposed decision and adopt the balance of the proposed decision.
18.1.4.3 (3) Reject a proposed reduction in personnel action, approve the disciplinary personnel action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 (4) Reject the proposed decision in its entirety.
18.12.5 d. If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she shall prepare a proposed decision, as provided in item Section 18.12.4 "c" above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 days after the proposed decision is filed by the Board.
18.12.6 e. In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary personnel action, the Board or the hearing officer may consider the records of any prior disciplinary personnel action proceedings against the employee in which a disciplinary personnel action was ultimately sustained and any records that were contained in the employee's personnel files and introduced into evidence at the hearing.
Appears in 4 contracts
Samples: Contract Agreement, Contract Agreement, Contract Agreement
Hearing Procedures. a. If the employee submits a timely Request for Hearing, the Governing Board may conduct such a hearing itself or may appoint a designee to conduct the hearing. The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Governing Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary partieshearing. The employee shall be entitled to appear personally, produce evidence, and have CSEA representationcounsel. The employee shall not be entitled to a public hearing if he/she demands it when the Board is hearing the appeal.
18.12.1 The complainant may also be represented by counselhearing. The procedure entitled "“Administrative Adjudication" ” commencing with Government Code 11500 shall not apply to any such hearing before the Governing Board or a hearing officer. Neither the Governing Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Governing Board.
18.12.2 All hearings shall be heard by b. At any time before an employee’s appeal is finally submitted to the Governing Board or to a hearing officer (who for decision, the District may serve on the employee and file an amended or supplemental Notice of Disciplinary Action. Any new causes or allegations shall be an attorney licensed in deemed controverted and any objections to the State of California) except in those cases where amended or supplemental causes or allegation may be made orally at the Board determines to hear hearing and shall be noted on the appeal itself. In any case in which record.
c. If the Board hears hearing is conducted by the appealGoverning Board, the Board it may use the services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. However, the The Governing Board must employ separate may meet in closed session with its counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the or a hearing officer to deliberate. The Governing Board shall affirm, modify or revoke the recommended personnel actionNotice of Disciplinary Action.
18.12.4 d. If the appeal hearing is heard conducted by a hearing officer, he/she shall prepare a proposed decision in a form that may be adopted by the Governing Board as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten days after the proposed decision is filed by the Board. After furnishing the proposed decision to each party, the The Governing Board may:
18.1.4.1 (a) Adopt the proposed decision in its entirety.
18.1.4.2 Reduce the personnel action set forth in the proposed decision and adopt the balance (b) Modify any part of the proposed decision.
18.1.4.3 Reject a proposed reduction in personnel action, approve the disciplinary action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 (c) Reject the proposed decision in its entirety.
18.12.5 If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she shall prepare a proposed decision, as provided in item Section 18.12.4 above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 days after the proposed decision is filed by the Board.
18.12.6 e. In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary action, the Governing Board or the hearing officer may consider the records of any evaluation, discipline or prior disciplinary personnel action proceedings against the employee in which a disciplinary action was ultimately sustained and any records that were contained in the employee's personnel files and introduced into evidence at the hearing.
Appears in 4 contracts
Samples: Certificated Employees' Contract, Certificated Employees' Contract, Certificated Employees’ Contract
Hearing Procedures. a. If the employee submits a timely Request for Hearing, the Governing Board may conduct such a hearing itself or may appoint a designee to conduct the hearing. The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Governing Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary partieshearing. The employee shall be entitled to appear personally, produce evidence, and have CSEA representationcounsel. The employee shall not be entitled to a public hearing if he/she demands it when the Board is hearing the appeal.
18.12.1 The complainant may also be represented by counselhearing. The procedure entitled "“Administrative Adjudication" ” commencing with Government Code 11500 shall not apply to any such hearing before the Governing Board or a hearing officer. Neither the Governing Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Governing Board.
18.12.2 All hearings shall be heard by b. At any time before an employee’s appeal is finally submitted to the Governing Board or to a hearing officer (who for decision, the District may serve on the employee and file an amended or supplemental Notice of Disciplinary Action. Any new causes or allegations shall be an attorney licensed in deemed controverted and any objections to the State of California) except in those cases where amended or supplemental causes or allegation may be made orally at the Board determines to hear hearing and shall be noted on the appeal itself. In any case in which record.
c. If the Board hears hearing is conducted by the appealGoverning Board, the Board it may use the services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. However, the The Governing Board must employ separate may meet in closed session with its counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the or a hearing officer to deliberate. The Governing Board shall affirm, modify or revoke the recommended personnel actionNotice of Disciplinary Action.
18.12.4 d. If the appeal hearing is heard conducted by a hearing officer, he/she shall prepare a proposed decision in a form that may be adopted by the Governing Board as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten days after the proposed decision is filed by the Board. After furnishing the proposed decision to each party, the The Governing Board may:
18.1.4.1 (a) Adopt the proposed decision in its entiretyitsentirety.
18.1.4.2 Reduce the personnel action set forth in the proposed decision and adopt the balance (b) Modify any part of the proposed decision.
18.1.4.3 Reject a proposed reduction in personnel action, approve the disciplinary action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 (c) Reject the proposed decision in its entirety.
18.12.5 If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she shall prepare a proposed decision, as provided in item Section 18.12.4 above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 days after the proposed decision is filed by the Board.
18.12.6 e. In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary action, the Governing Board or the hearing officer may consider the records of any evaluation, discipline or prior disciplinary personnel action proceedings against the employee in which a disciplinary action was ultimately sustained and any records that were contained in the employee's personnel files and introduced into evidence at the hearing.
Appears in 3 contracts
Samples: Certificated Employees' Contract, Certificated Employees' Contract, Certificated Employees' Contract
Hearing Procedures. The a. Unless otherwise prohibited by law, if the employee has filed a timely request for hearing, the Superintendent or designee shall set the hearing shall be held date and provide the employee with at the earliest convenient date, taking into consideration the established schedule of the Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified least five calendar days’ prior notice of the time and place of the hearing after ensuring availability of all necessary partieshearing. The employee shall be entitled to appear personally, produce evidence, be represented by counsel or another representative at the hearing and have CSEA representation. The employee shall also be entitled to a public hearing if he/she demands it when the Board is hearing holding the appeal.
18.12.1 evidentiary hearing. The complainant may also be represented by counselcounsel or another representative. The procedure entitled "“Administrative Adjudication" ” commencing with Government Code 11500 shall not apply to any such hearing before the Board or a hearing officer. Neither the Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 b. All hearings shall be heard either by a hearing officer (who shall be an attorney licensed in the State of California) except in those cases where mutually agreed upon by the District and the Association (or by the employee if the employee chooses not to be represented by the Association) or the Board determines of Trustees at the discretion of the employee as indicated in the request for hearing. The hearing officer shall be chosen from a panel of 3 names supplied to hear the appeal itselfDistrict by the State Mediation and Conciliation Service. Costs of the hearing officer will be shared equally by CSEA and the District. In any case in which the Board hears the appealmatter, the Board may use the services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal matter is heard by the Board, the Board shall affirm, modify modify, or revoke the recommended personnel actiondisciplinary action and shall affirm, modify, or revoke any order of suspension without pay issued in conjunction with a recommendation of dismissal.
18.12.4 c. If the appeal is heard by a hearing officerofficer holds the hearing, he/she shall prepare a proposed decision in a form that may be adopted by the Board as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten days after the proposed decision is filed by the Board. After furnishing the proposed decision to each party, the The Board may:
18.1.4.1 (1) Adopt the proposed decision in its entirety.
18.1.4.2 (2) Reduce the personnel disciplinary action set forth in the proposed decision and adopt the balance of the proposed decision.
18.1.4.3 (3) Reject a proposed reduction in personnel disciplinary action, approve the disciplinary action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 (4) Reject the proposed decision in its entirety.
18.12.5 d. If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she shall prepare a proposed decision, as provided in item Section 18.12.4 “c” above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 ten days after the proposed decision is filed by the Board.
18.12.6 e. In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary action, the Board or the hearing officer may consider the records of any prior disciplinary action proceedings against the employee in which a disciplinary action was ultimately sustained and any records that were contained in the employee's personnel files and introduced into evidence at the hearing.
f. The Board of Trustees shall not impose discipline more severe than the discipline recommended by the Superintendent or his/her designee in the recommendation for disciplinary action.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Hearing Procedures. 14.12.1 The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties Parties shall be notified of the time and place of the hearing after ensuring availability of all necessary partieshearing. The employee shall be entitled to appear personally, produce evidence, and have CSEA representationcounsel. The employee shall be entitled to a public hearing if he/she demands it when the Board is hearing the appeal.
18.12.1 . The complainant may also be represented by counsel. The procedure entitled "Administrative Adjudication" commencing with Government Code 11500 1150 shall not apply to any such hearing before the Board or a hearing officer. Neither the Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 14.12.2 All hearings shall be heard by a hearing officer (who shall be an attorney licensed in designated and paid for by the State of California) District except in those cases where the Board determines to hear the appeal itself. In any case in which the Board hears the appeal, the Board may use the services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the Board shall affirm, modify modify, or revoke the recommended personnel action.
18.12.4 14.12.3 If the appeal is heard by a hearing officer, he/he or she shall prepare a proposed decision in a form that may be adopted by the Board as the decision in the case. A copy of the proposed decision shall be received and filed by with the Board and furnished to each party within ten days after the proposed decision is filed by the Board. After furnishing the proposed decision to served on each party, the . The Board may:
18.1.4.1 i. Adopt the proposed decision in its entirety.
18.1.4.2 ii. Reduce the personnel action set forth in the proposed decision and adopt the balance of the proposed decision.
18.1.4.3 iii. Reject a proposed reduction in personnel action, approve the disciplinary personnel action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 iv. Reject the proposed decision in its entirety.
18.12.5 14.12.4 If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she shall prepare a proposed decision, as provided in item Section 18.12.4 above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 days after the proposed decision is filed by the Board.
18.12.6 14.12.5 In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary personnel action, the Board or the hearing officer may consider the records of any prior disciplinary personnel action proceedings against the employee in which a disciplinary personnel action was ultimately sustained and any records that were contained in the employee's personnel files and introduced into evidence at the hearing.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Hearing Procedures. a. The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary partieshearing. The employee shall be entitled to appear personally, produce evidence, and have CSEA representationcounsel. The employee shall be entitled to a public hearing if he/she demands it when the Board is hearing the appeal.
18.12.1 . The complainant may also be represented by counsel. The procedure entitled "Administrative Adjudication" commencing with Government Code 11500 shall not apply to any such hearing before the Board or a hearing officer. Neither the Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 b. All hearings shall shah be heard by a hearing officer (who shall be an attorney licensed in the State of California) except in those cases where the Board determines to hear the appeal itself. In any case in which the Board hears the appeal, the Board may use the services of its counsel or a hearing officer in ruling upon procedural questions., objections to evidence, and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the Board shall affirm, modify or revoke the recommended personnel action.
18.12.4 c. If the appeal is heard by a hearing officer, he/she shall prepare a proposed decision in a form that may be adopted by the Board as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten 10 days after the proposed decision is filed by the Board. After furnishing the proposed decision to each party, the The Board may:
18.1.4.1 (1) Adopt the proposed decision in its entirety.
18.1.4.2 (2) Reduce the personnel action set forth in the proposed decision and adopt the balance of the proposed decision.
18.1.4.3 (3) Reject a proposed reduction in personnel action, approve the disciplinary personnel action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 (4) Reject the proposed decision in its entirety.
18.12.5 d. If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she shall prepare a proposed decision, as provided in item Section 18.12.4 "c" above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 days after the proposed decision is filed by the Board.
18.12.6 e. In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary personnel action, the Board or the hearing officer may consider the records of any prior disciplinary personnel action proceedings against the employee in which a disciplinary personnel action was ultimately sustained and any records that were contained in the employee's personnel files and introduced into evidence at the hearing.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Hearing Procedures. 4.10.1 The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary partieshearing. The employee shall be entitled to appear personally, produce evidence, and have CSEA representationcounsel. The employee hearing shall be entitled to a public hearing if he/she demands in closed session unless the employee requests that it when the Board is hearing the appeal.
18.12.1 be held in public. The complainant Superintendent or designee may also be represented by counsel. The procedure entitled "“Administrative Adjudication" ” commencing with Government Code 11500 shall not apply to any such hearing before the Board or a hearing officer. .
4.10.2 Neither the Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 All hearings 4.10.3 The Board shall hear the appeal itself, except in those cases where the Board determines that the hearing shall be heard by a hearing officer (who shall be an attorney licensed in the State of California) except in those cases where the Board determines to hear the appeal itself. ).
4.10.3.1 In any case in which the Board hears the appeal, the Board may use the services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the Board shall affirm, modify or revoke the recommended personnel personal action.
18.12.4 4.10.3.2 If the appeal is heard by a hearing officer, he/she shall prepare a proposed decision in a form that may be adopted by the Board as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten (10) days after the proposed decision is filed by the Board. After furnishing the proposed decision to each party, the The Board may:
18.1.4.1 4.10.3.2.1 Adopt the proposed decision in its entirety.
18.1.4.2 4.10.3.2.2 Reduce the personnel action set forth in the proposed decision and adopt the balance of the proposed decision.
18.1.4.3 4.10.3.2.3 Reject a proposed reduction in personnel action, approve the disciplinary personnel action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 4.10.3.2.4 Reject the proposed decision in its entirety.
18.12.5 4.10.3.3 If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she shall prepare a proposed decision, as provided in item Section 18.12.4 4.10.3.2 above, upon the additional evidence and the transcript and other papers papers, which are part of the record of the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 ten (10) days after the proposed decision is filed by the Board.
18.12.6 4.10.3.4 In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary personnel action, the Board or the hearing officer may consider the records of or any prior disciplinary personnel action proceedings against the employee in which a disciplinary personnel action was ultimately sustained and any records that were contained in the employee's ’s personnel files and introduced into evidence at the hearing.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Hearing Procedures. 18.9.1 The hearing shall be held at the earliest convenient date, taking into consideration the established a schedule of the Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary partieshearing. The employee unit member shall be entitled to appear personally, personally produce evidence, evidence and have CSEA representation. The employee counsel the unit member shall be entitled to a public hearing if he/she the unit member demands it when the Board is hearing the appeal.
18.12.1 . The complainant may also be represented by counsel. The procedure entitled "“Administrative Adjudication" ” commencing with Government Code §11500 shall not apply to any such hearing before the Board or a hearing officer. Neither the Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in and any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 18.9.2 All hearings shall so I'll be heard by a hearing officer (who shall be an attorney licensed in the State of California) except in those cases where the Board determines to hear the appeal itself. In any case in which the Board hears the appeal, the Board may use the services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the Board shall affirm, modify modify, or revoke the recommended personnel action.
18.12.4 18.9.3 If the appeal is heard by a hearing officer, he/she the unit member shall prepare repair a proposed decision in a the form that may be adopted by the Board as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten (10) days after the proposed decision is filed by the Board. After furnishing the proposed decision to each party, the Board The board may:
18.1.4.1 a) Adopt the proposed decision in its entirety.
18.1.4.2 b) Reduce the personnel action set forth in the proposed decision in and adopt the balance of the proposed decision.
18.1.4.3 c) Reject a proposed reduction in personnel action, approve the disciplinary personnel action sought by the complainant or any lesser penalty, and adopt the balance of if the proposed decision.
18.1.4.4 d) Reject the proposed decision in its entirety.
18.12.5 18.9.4 If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon cause up on the record including the transcript, transcript with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she officer the unit member shall prepare a proposed prosed decision, as provided in item Section 18.12.4 “c” above, upon the additional evidence and in the transcript and other papers which are part of the record of records or the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 ten (10) days after the proposed decision is filed by the Board.
18.12.6 18.9.5 In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary personal action, the Board or the hearing officer may consider the records of any prior disciplinary personal action proceedings against the employee unit member in which a disciplinary personal action was ultimately sustained and any records that were contained in the employee's unit member’s personnel files and introduced into evidence at the hearing.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Hearing Procedures. 10.8.1 The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified at least ten (10) calendar days in advance of the time time, date, and place of the hearing after ensuring availability of all necessary partieshearing. The employee shall be entitled to appear personally, produce evidence, and have CSEA representation. The employee shall be entitled to a public hearing counsel or an individual of their own choice and, if he/she demands it demand is made therefore when the Board is hearing the appeal.
18.12.1 , a public hearing. The complainant may also be represented by counsel. The procedure entitled "“Administrative Adjudication" ” commencing with at Section 11500 of the Government Code 11500 shall not apply be applicable to any such hearing before the Board or a hearing officer. Neither the The Board nor or a hearing officer shall be bound by will limit or exclude evidence or testimony which is not relevant or material to the issue. Technical rules of evidence used shall not apply to such hearing, but evidence may be admitted and given probative effect only if it is the kind of evidence upon which reasonable persons are accustomed to rely in California courtsthe conduct of serious affairs. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 10.8.2 All hearings shall be heard by a hearing officer (who shall be an attorney licensed in the State of California) appointed by the Board except in those cases where the Board determines to hear the appeal itselfmatter. In any case in which the Board hears the appealmatter, the Board may use utilize the services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal matter is heard by the Board, the Board it shall affirm, modify modify, or revoke the recommended personnel disciplinary action.
18.12.4 10.8.3 If the appeal matter is heard by a hearing officer, he/she shall prepare a proposed decision in a such form that it may be adopted by the Board as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten seven (7) days after the proposed decision is filed received by the Board. After furnishing the proposed decision to each party, the The Board may:
18.1.4.1 10.8.3.1 Adopt the proposed decision in its entirety.
18.1.4.2 10.8.3.2 Reduce the personnel disciplinary action set forth in the proposed decision therein and adopt the balance of the proposed decision.
18.1.4.3 10.8.3.3 Reject a proposed reduction in personnel disciplinary action, approve the disciplinary action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 Reject the proposed decision in its entirety.
18.12.5 If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she shall prepare a proposed decision, as provided in item Section 18.12.4 above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 days after the proposed decision is filed by the Board.
18.12.6 10.8.3.4 In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary action, the Board or the hearing officer may consider the records of any prior disciplinary action proceedings against the employee in which a disciplinary action was ultimately sustained and also any records that were contained in the employee's ’s personnel files and file if such records were introduced into evidence at the hearing.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Hearing Procedures. a. If the employee submits a timely Request for Hearing, the Governing Board may conduct such a hearing itself or may appoint a designee to conduct the hearing. The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Governing Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary partieshearing. The employee shall be entitled to appear personally, produce evidence, and have CSEA representationcounsel. The employee shall not be entitled to a public hearing if he/she demands it when the Board is hearing the appeal.
18.12.1 The complainant may also be represented by counselhearing. The procedure entitled "“Administrative Adjudication" ” commencing with Government Code 11500 shall not apply to any such hearing before the Governing Board or a hearing officer. Neither the Governing Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Governing Board.
18.12.2 All hearings shall be heard by b. At any time before an employee’sappeal is finally submitted to the Governing Board or to a hearing officer (who for decision, the District may serve on the employee and file an amended or supplemental Notice of Disciplinary Action. Any new causes or allegations shall be an attorney licensed in deemed controverted and any objections to the State of California) except in those cases where amended or supplemental causes or allegation may be made orally at the Board determines to hear hearing and shall be noted on the appeal itself. In any case in which record.
c. If the Board hears hearing is conducted by the appealGoverning Board, the Board it may use the services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. However, the The Governing Board must employ separate may meet in closed session with its counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the or a hearing officer to deliberate. The Governing Board shall affirm, modify or revoke the recommended personnel actionNotice of DisciplinaryAction.
18.12.4 d. If the appeal hearing is heard conducted by a hearing officer, he/she shall prepare a proposed decision in a form that may be adopted by the Governing Board as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten days after the proposed decision is filed by the Board. After furnishing the proposed decision to each party, the The Governing Board may:
18.1.4.1 (a) Adopt the proposed decision in its entiretyitsentirety.
18.1.4.2 Reduce the personnel action set forth in the proposed decision and adopt the balance (b) Modify any part of the proposed decisionproposeddecision.
18.1.4.3 Reject a proposed reduction in personnel action, approve the disciplinary action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 (c) Reject the proposed decision in its entiretyitsentirety.
18.12.5 If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she shall prepare a proposed decision, as provided in item Section 18.12.4 above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 days after the proposed decision is filed by the Board.
18.12.6 e. In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary action, the Governing Board or the hearing officer may consider the records of any evaluation, discipline or prior disciplinary personnel action proceedings against the employee in which a disciplinary action was ultimately sustained and any records that were contained in the employee's personnel files and introduced into evidence at the hearingtheemployee.
Appears in 2 contracts
Samples: Certificated Employees' Contract, Certificated Employees' Contract
Hearing Procedures. The hearing 16 Hearings shall be held at the earliest convenient date, taking into consideration the established schedule of the Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary parties. The employee shall be entitled to appear personally, produce evidence, and have CSEA representation. The employee shall be entitled to a public hearing if he/she demands it when the Board is hearing the appeal.
18.12.1 The complainant may also be represented heard by counsel. The procedure entitled "Administrative Adjudication" commencing with Government Code 11500 shall not apply to any such hearing before the Board or a hearing officeroffice. Neither the Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 All hearings shall be that are heard by a hearing officer (who officer, 17 shall be an attorney licensed in the State of California) except in those cases where , and will be mutually agreed upon by the exclusive 18 representative and the District. When initiated by the Board determines to hear all such costs shall be covered by the appeal itselfDistrict. In any 19 case in which the Board hears the appeal, the Board may use the services of its counsel or a hearing officer in 20 ruling upon procedural questions, objections to evidence, and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, 21 the Board shall affirm, modify modify, or revoke the recommended personnel disciplinary action. 22 The hearing shall be held at the earliest convenient date, taking into consideration the established 23 schedule of the Board or hearing officer and the availability of counsel and witnesses. The parties shall be 24 notified of the time and place of the hearing. The unit member shall be entitled to a public hearing in closed 25 session if he/she demands it when the Board is hearing the appeal. The District may also be represented by 26 counsel. The procedure entitled “Administrative Adjudication” commencing with Government Code section 27 11500 shall not apply to any such hearing before the Board or a hearing officer. Neither the Board nor a hearing 28 officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not 29 invalidate any order or decision made or approved by the hearing office or the Board. The hearing officer or the 30 Board shall determine whether the parties are to file closing briefs.
18.12.4 1 If the appeal is heard by a hearing officer, he/she shall prepare a proposed decision in a form that may shall 2 be adopted by the Board as the decision in the case. A copy of the proposed decision shall be received and filed 3 by the Board and furnished to each party within ten 20 days after the proposed decision is filed by date of the Boardhearing. After furnishing the proposed decision to each party, the The Board may:
18.1.4.1 4 1. Adopt the proposed decision in its entirety.;
18.1.4.2 Reduce 5 2. Modify the personnel action set forth in the proposed decision and adopt the balance of the proposed decision.recommended disciplinary action; or
18.1.4.3 Reject a proposed reduction in personnel action, approve the disciplinary action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 6 3. Reject the proposed decision in its entirety.
18.12.5 . 7 8 If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and 9 the Board may decide the case upon the record including the transcript, with or without the taking of additional 10 evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so 11 assigned to a hearing officeroffice, he/she shall prepare a proposed decision, as provided in item Section 18.12.4 described above, upon the additional 12 evidence and the transcript and other papers papers, which are part of the record of the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 days after the proposed decision is filed by the Board.
18.12.6 In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary action, the Board or the hearing officer may consider the records of any prior disciplinary action proceedings against the employee in which a disciplinary action was ultimately sustained and any records that were contained in the employee's personnel files and introduced into evidence at the hearing.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Hearing Procedures. A. The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Board or the hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary partieshearing. The employee shall be entitled to appear personally, produce evidence, and have CSEA representation. The employee shall be entitled to a public hearing if he/she demands it when the Board is hearing the appeal.
18.12.1 . The complainant District may also be represented by counsel. The procedure entitled "“Administrative Adjudication" ” commencing with Government Code 11500 1150 shall not apply to any such hearing before the Board or a hearing officer. Neither the Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 B. All hearings shall be heard by a hearing officer (who shall be an attorney licensed in the State of California) except in those cases where the Board determines to hear the appeal itself. In any case in which the Board hears the appeal, the Board may use the services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the Board shall affirm, modify or revoke the recommended personnel action.
18.12.4 C. If the appeal is heard by a the hearing officer, he/she shall prepare a proposed decision in a form that may be adopted by the Board as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten 10 days after the proposed decision is filed by the Board. After furnishing the proposed decision to each party, the The Board may:
18.1.4.1 1. Adopt the proposed decision in its entirety.
18.1.4.2 2. Reduce the personnel action set forth in the proposed decision and adopt the balance of the proposed decision.
18.1.4.3 3. Reject a proposed reduction in personnel action, approve the disciplinary personnel action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 4. Reject the proposed decision in its entirety.
18.12.5 If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she shall prepare a proposed decision, as provided in item Section 18.12.4 above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 days after the proposed decision is filed by the Board.
18.12.6 In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary action, the Board or the hearing officer may consider the records of any prior disciplinary action proceedings against the employee in which a disciplinary action was ultimately sustained and any records that were contained in the employee's personnel files and introduced into evidence at the hearing.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Hearing Procedures. 12.9.1 The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary partieshearing. The employee shall be entitled to appear personally, produce evidence, and have CSEA representationbe presented by a union representative or counsel. The employee shall be entitled to a public hearing if he/she demands it when the Board is hearing the appeal.
18.12.1 The complainant may also be represented by counselrequests it. The procedure entitled "Administrative Adjudication" commencing with Government Code section 11500 shall not apply to any such hearing before the Board or a hearing officer. Neither the Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 All hearings shall be heard by a hearing officer (who shall be an attorney licensed in the State of California) except 12.9.2 Except in those cases where the Board determines to hear the appeal itself, all hearings shall be heard by a hearing officer. The District and employee/representative shall attempt to mutually agree upon a hearing officer. If, within three (3) days after issuance of signed charges the parties cannot mutually agree, the employee/representative shall select the hearing officer from a list of at least five (5) potential hearing officers provided by the District. CSEA and the District shall attempt to mutually agree upon a hearing officer. If a hearing officer cannot be mutually agreed upon, CSEA shall request a list of five (5) hearing officers through the California State Mediation and Conciliation Service. Each party shall strike two names from the list of hearing officers in alternate order. The determination of which party shall strike first will be determined by lot.
12.9.2.1 In any case in which the Board hears the appeal, the Board may use the services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the Board shall affirm, modify or revoke the recommended personnel action.
18.12.4 12.9.3 If the appeal is heard by a hearing officer, he/she the hearing officer shall prepare a proposed written decision in a form that may be adopted by the Board as the decision in the case. A copy of the proposed decision shall be received and filed by with the Board and within forty (40) days after the hearing. Thereafter, the proposed decision will be furnished to each party the employee within ten (10) days after the proposed decision is filed received by the Board. After furnishing The Board shall meet to consider the proposed decision to each party, the Board and may:
18.1.4.1 12.9.3.1 Adopt the proposed decision in its entirety.
18.1.4.2 12.9.3.2 Reduce the personnel action set forth in the proposed decision and adopt the balance of the proposed decision.
18.1.4.3 12.9.3.3 Reject a proposed reduction in personnel action, approve the disciplinary personnel action sought by the complainant Superintendent or designee, or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 12.9.3.4 Reject the proposed decision in its entirety.
18.12.5 . If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she shall prepare a proposed decision, as provided in item Section 18.12.4 above, decision upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this proposed decision upon rehearing shall be furnished to each party the Board within 10 forty (40) days and then to the employee within ten (10) days after the proposed decision is filed received by the Board.
18.12.6 12.9.4 In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary personnel action, the Board or the hearing officer may consider the records that were introduced into evidence at the hearing, including records of any prior disciplinary personnel action proceedings against the employee in which a disciplinary personnel action was ultimately sustained and or any records that were contained in the employee's personnel files and introduced into evidence at the hearingfiles.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Hearing Procedures. a. If the District Board of Trustees chooses to have a neutral officer hear the case: The District and CSEA shall select a neutral office to preside over the hearing as the hearing officer. The District shall be responsible for cost associated with the hearing. The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Board or hearing officer arbitrator and the availability of the CSEA representative, counsel and witnesses. The parties hearing time shall be notified set by mutual agreement of the time District and place of the hearing after ensuring availability of all necessary partiesCSEA. The employee shall be entitled to appear personally, produce evidence, and have CSEA representationcounsel. The employee shall be entitled to a public hearing if he/she demands it when the Board arbitrator is hearing the appeal.
18.12.1 . The complainant may also be represented by counsel. The procedure entitled "“Administrative Adjudication" ” commencing with Government Code 11500 shall not apply to any such hearing before the Board or a hearing officer. Neither the Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 b. All hearings shall be heard by a hearing officer (who shall be an attorney licensed in the State of California) except in those cases where the Board determines of Trustees determined to hear the appeal itself. In any case in which the Board hears the appeal, the Board may use the services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the Board shall affirm, modify or revoke the recommended personnel disciplinary action.
18.12.4 If the appeal is heard by a c. The hearing officer, he/she shall prepare a proposed decision in a form that may be adopted by the Board of Trustees as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten 10 days after the proposed decision is filed by the Board. After furnishing the proposed decision to each party, the The Board may:
18.1.4.1 i. Adopt the proposed decision in its entirety.
18.1.4.2 ii. Reduce the personnel disciplinary action set forth in the proposed decision and adopt the balance of the proposed decision.
18.1.4.3 iii. Reject a proposed reduction in personnel disciplinary action, approve the disciplinary action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 iv. Reject the proposed decision in its entirety.
18.12.5 d. If the Board of Trustees rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she shall prepare a proposed decision, as provided in item Section 18.12.4 “c” above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 days after the proposed decision is filed by the Board.
18.12.6 e. In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary action, the Board of Trustees or the hearing officer may consider the records of any prior disciplinary action proceedings against the employee in which a disciplinary action was ultimately sustained and any records that were contained in the employee's personnel ’s disciplinary files and introduced into evidence at the hearing.
Appears in 2 contracts
Samples: Negotiated Agreement, Negotiated Agreement
Hearing Procedures. a. The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary partieshearing. The employee shall be entitled to appear personally, produce evidence, and have CSEA representationcounsel. The employee shall be entitled to a public hearing if he/she demands it when the Board is hearing the appeal.
18.12.1 . The complainant may also be represented by counsel. The procedure entitled "Administrative Adjudication" commencing with Government Code 11500 shall not apply to any such hearing before the Board or a hearing officer. Neither the Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 b. All hearings shall be heard by a hearing officer (who shall be an attorney licensed in the State of California) except in those cases where the Board determines to hear the appeal itself. In any case in which the Board hears the appeal, the Board may use the services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the Board shall affirm, modify or revoke the recommended personnel action.
18.12.4 c. If the appeal is heard by a hearing officer, he/she shall prepare a proposed decision in a form that may be adopted by the Board as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten days after the proposed decision is filed by the Board. After furnishing the proposed decision to each party, the The Board may:
18.1.4.1 (1) Adopt the proposed decision in its entirety.
18.1.4.2 (2) Reduce the personnel action set forth in the proposed decision and adopt the balance of the proposed decision.
18.1.4.3 (3) Reject a proposed reduction in personnel action, approve the disciplinary personnel action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 (4) Reject the proposed decision in its entirety.
18.12.5 d. If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she shall prepare a proposed decision, as provided in item Section 18.12.4 "c" above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 days after the proposed decision is filed by the Board.
18.12.6 e. In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary personnel action, the Board or the hearing officer may consider the records of any prior disciplinary personnel action proceedings against the employee in which a disciplinary personnel action was ultimately sustained and any records that were contained in the employee's personnel files and introduced into evidence at the hearing.
Appears in 2 contracts
Samples: Negotiated Agreement, Negotiated Agreement
Hearing Procedures. 19.7.1 The hearing shall be held at the earliest convenient date, taking into consideration the an established schedule of the Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary partieshearing. The employee shall be entitled to appear personally, produce evidence, and have CSEA representation. The employee shall be entitled to a public hearing counsel and, if he/she demands it demand is made therefore when the Board is hearing the appeal.
18.12.1 , a public hearing. The complainant may also be represented by counsel. The procedure entitled "“Administrative Adjudication" ” commencing with at Section 11500 of the Government Code 11500 shall not apply be applicable to any such hearing before the Board or a hearing officer. Neither the Board nor a hearing officer shall be bound by rules of or evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 19.7.2 All hearings shall be heard by a hearing officer (who shall be an attorney licensed in the State of California) except in those cases where the Board determines to hear the appeal itselfthemselves. In any case in which the Board hears the appeal, the Board may use utilize the services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, evidence and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the Board it shall affirm, modify modify, or revoke the recommended personnel action.
18.12.4 19.7.3 If the appeal is heard by a hearing officer, he/she they shall prepare a proposed decision in a such form that it may be adopted by the Board as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten (10) days after the proposed decision is filed by the Board. After furnishing the proposed decision to each party, the The Board may:
18.1.4.1 1) Adopt the proposed decision in its entirety.
18.1.4.2 2) Reduce the personnel action set forth in the proposed decision therein and adopt the balance of the proposed decision.
18.1.4.3 3) Reject a proposed reduction in personnel action, approve . Approve the disciplinary personnel action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 4) Reject the proposed decision in its entirety.
18.12.5 19.7.4 If the Board rejects the proposed decision in its entirety, entirety each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she they shall prepare a proposed decision, decision as provided in item Section 18.12.4 19.7.3 above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this such proposed decision shall be furnished to each party within 10 ten (10) days after the proposed decision is filed by the Boardfiled.
18.12.6 19.7.5 In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary personnel action, the Board or the hearing officer may consider the records of any prior disciplinary personnel action proceedings against the employee in which a disciplinary personnel action was ultimately sustained and any records that were contained in the employee's ’s personnel files and if such records were introduced into evidence at the hearing.
19.7.6 The decision of the Board shall be in writing and shall contain findings of fact and the personnel action approved, if any. The findings may be stated in the language of the pleadings or reference thereto.
Appears in 1 contract
Samples: Employment Agreement
Hearing Procedures. a. The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary partieshearing. The employee shall be entitled to appear personally, produce evidence, and have CSEA representationcounsel. The employee shall be Appendix E entitled to a public hearing if he/she demands it when the Board is hearing the appeal.
18.12.1 . The complainant may also be represented by counsel. The procedure entitled "Administrative Adjudication" commencing with Government Code 11500 shall not apply to any such hearing before the Board or a hearing officer. Neither the Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 b. All hearings shall shah be heard by a hearing officer (who shall be an attorney licensed in the State of California) except in those cases where the Board determines to hear the appeal itself. In any case in which the Board hears the appeal, the Board may use the services of its counsel or a hearing officer in ruling upon procedural questions., objections to evidence, and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the Board shall affirm, modify or revoke the recommended personnel action.
18.12.4 c. If the appeal is heard by a hearing officer, he/she shall prepare a proposed decision in a form that may be adopted by the Board as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten 10 days after the proposed decision is filed by the Board. After furnishing the proposed decision to each party, the The Board may:
18.1.4.1 (1) Adopt the proposed decision in its entirety.
18.1.4.2 (2) Reduce the personnel action set forth in the proposed decision and adopt the balance of the proposed decisionproposeddecision.
18.1.4.3 (3) Reject a proposed reduction in personnel action, approve the disciplinary personnel action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 (4) Reject the proposed decision in its entirety.
18.12.5 d. If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she shall prepare a proposed decision, as provided in item Section 18.12.4 "c" above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 days after the proposed decision is filed by the Board.
18.12.6 e. In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary personnel action, the Board or the hearing officer may consider the records of any prior disciplinary personnel action proceedings against the employee in which a disciplinary personnel action was ultimately sustained and any records that were contained in the employee's personnel files and introduced into evidence at the hearing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Hearing Procedures. a. The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary partieshearing. The employee shall be entitled to appear personally, produce evidence, and have CSEA representationcounsel. The employee shall be Appendix E entitled to a public hearing if he/she demands it when the Board is hearing the appeal.
18.12.1 . The complainant may also be represented by counsel. The procedure entitled "Administrative Adjudication" commencing with Government Code 11500 shall not apply to any such hearing before the Board or a hearing officer. Neither the Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 b. All hearings shall xxxx be heard by a hearing officer (who shall be an attorney licensed in the State of California) except in those cases where the Board determines to hear the appeal itselfappealitself. In any case in which the Board hears the appeal, the Board may use the services of its counsel or a hearing officer in ruling upon procedural questions., objections to evidence, and issues of lawoflaw. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the Board shall affirm, modify or revoke the recommended personnel action.
18.12.4 c. If the appeal is heard by a hearing officer, he/she shall prepare a proposed decision in a form that may be adopted by the Board as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten 10 days after the proposed decision is filed by the Board. After furnishing the proposed decision to each party, the The Board may:
18.1.4.1 (1) Adopt the proposed decision in its entiretyitsentirety.
18.1.4.2 (2) Reduce the personnel action set forth in the proposed decision and adopt the balance of the proposed decisiontheproposeddecision.
18.1.4.3 (3) Reject a proposed reduction in personnel action, approve the disciplinary personnel action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decisionproposeddecision.
18.1.4.4 (4) Reject the proposed decision in its entiretyitsentirety.
18.12.5 d. If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she shall prepare a proposed decision, as provided in item Section 18.12.4 "c" above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 days after the proposed decision is filed by the BoardtheBoard.
18.12.6 e. In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary personnel action, the Board or the hearing officer may consider the records of any prior disciplinary personnel action proceedings against the employee in which a disciplinary personnel action was ultimately sustained and any records that were contained in the employee's personnel files and introduced into evidence at the hearing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Hearing Procedures. a. The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary partieshearing. The employee shall be entitled to appear personally, produce evidence, and have CSEA representationcounsel. The employee shall be entitled to a public hearing if he/she demands it when the Board is hearing the appeal.
18.12.1 . The complainant may also be represented by counsel. The procedure entitled "Administrative Adjudication" commencing with Government Code 11500 1150 shall not apply to any such hearing before the Board or a hearing officer. Neither the Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 b. All hearings shall be heard by a hearing officer (who shall be an attorney licensed in the State of California) except in those cases where the Board determines to hear the appeal itself. In any case in which the Board hears the appeal, the Board may use the services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the Board shall affirm, modify or revoke the recommended personnel action.
18.12.4 c. If the appeal is heard by a hearing officer, he/she shall prepare a proposed decision in a form that may be adopted by the Board as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten 10 days after the proposed decision is filed by the Board. After furnishing the proposed decision to each party, the The Board may:
18.1.4.1 (1) Adopt the proposed decision in its entirety.
18.1.4.2 (2) Reduce the personnel action set forth in the proposed decision and adopt the balance of the proposed decision.
18.1.4.3 (3) Reject a proposed reduction in personnel action, approve the disciplinary personnel action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 (4) Reject the proposed decision in its entirety.
18.12.5 d. If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she shall prepare a proposed decision, as provided in item Section 18.12.4 "7c" above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 days after the proposed decision is filed by the Board.
18.12.6 e. In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary personnel action, the Board or the hearing officer may consider the records of any prior disciplinary personnel action proceedings against the employee in which a disciplinary personnel action was ultimately sustained and any records that were contained in the employee's personnel files and introduced into evidence at the hearing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Hearing Procedures. 20.7.1 The hearing shall be held at the earliest convenient date, taking into consideration the an established schedule of the Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary partieshearing. The employee shall be entitled to appear personally, produce evidence, and have CSEA representation. The employee shall be entitled to a public hearing counsel and, if he/she demands it demand is made therefore when the Board is hearing the appeal.
18.12.1 , a public hearing. The complainant may also be represented by counsel. The procedure entitled "“Administrative Adjudication" ” commencing with at Section 11500 of the Government Code 11500 shall not apply be applicable to any such hearing before the Board or a hearing officer. Neither the Board nor a hearing officer shall be bound by rules of or evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 20.7.2 All hearings hearing shall be heard by a hearing officer (who shall be an attorney licensed in the State of California) except in those cases where the Board determines to hear the appeal itselfthemselves. In any case in which the Board th eBoard hears the appeal, the Board may use utilize the services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, evidence and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the Board it shall affirm, modify modify, or revoke the recommended personnel action.
18.12.4 20.7.3 If the appeal is heard by a hearing officer, he/she they shall prepare a proposed decision in a such form that it may be adopted by the Board as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten (10) days after the proposed decision is filed by the Board. After furnishing the proposed decision to each party, the The Board may:
18.1.4.1 1) Adopt the proposed decision in its entirety.
18.1.4.2 2) Reduce the personnel action set forth in the proposed decision therein and adopt the balance of the proposed decision.
18.1.4.3 3) Reject a proposed reduction in personnel action, approve . Approve the disciplinary personnel action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 4) Reject the proposed decision in its entirety.
18.12.5 20.7.4 If the Board rejects the proposed decision in its entirety, entirety each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she they shall prepare a proposed decision, decision as provided in item Section 18.12.4 20.7.3 above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this such proposed decision shall be furnished to each party within 10 ten (10) days after the proposed decision is filed by the Boardfiled.
18.12.6 20.7.5 In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary personnel action, the Board or the hearing officer may consider the records of any prior disciplinary personnel action proceedings against the employee in which a disciplinary personnel action was ultimately sustained and any records that were contained in the employee's ’s personnel files and if such records were introduced into evidence at the hearing.
20.7.6 The decision of the Board shall be in writing and shall contain findings of fact and the personnel action approved, if any. The findings may be stated in the language of the pleadings or reference thereto.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Hearing Procedures. a. The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary partieshearing. The employee shall be entitled to appear personally, produce evidence, and have CSEA representationcounsel. The employee shall be Appendix E entitled to a public hearing if he/she demands it when the Board is hearing the appeal.
18.12.1 . The complainant may also be represented by counsel. The procedure entitled "Administrative Adjudication" commencing with Government Code 11500 shall not apply to any such hearing before the Board or a hearing officer. Neither the Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 b. All hearings shall shah be heard by a hearing officer (who shall be an attorney licensed in the State of California) except in those cases where the Board determines to hear the appeal itself. In any case in which the Board hears the appeal, the Board may use the services of its counsel or a hearing officer in ruling upon procedural questions., objections to evidence, and issues of lawoflaw. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the Board shall affirm, modify or revoke the recommended personnel action.
18.12.4 c. If the appeal is heard by a hearing officer, he/she shall prepare a proposed decision in a form that may be adopted by the Board as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten 10 days after the proposed decision is filed by the Board. After furnishing the proposed decision to each party, the The Board may:
18.1.4.1 (1) Adopt the proposed decision in its entirety.
18.1.4.2 (2) Reduce the personnel action set forth in the proposed decision and adopt the balance of the proposed decisionproposeddecision.
18.1.4.3 (3) Reject a proposed reduction in personnel action, approve the disciplinary personnel action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 (4) Reject the proposed decision in its entirety.
18.12.5 d. If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she shall prepare a proposed decision, as provided in item Section 18.12.4 "c" above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 days after the proposed decision is filed by the Board.
18.12.6 e. In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary personnel action, the Board or the hearing officer may consider the records of any prior disciplinary personnel action proceedings against the employee in which a disciplinary personnel action was ultimately sustained and any records that were contained in the employee's personnel files and introduced into evidence at the hearing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Hearing Procedures. 1. The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary partiesBoard.
2. The employee shall be entitled to appear personally, produce evidence, and have CSEA representation. The employee shall be entitled to a public hearing if he/she demands it when the Board is hearing the appeal.
18.12.1 The complainant may also be represented by counsel3. The procedure entitled "Administrative Adjudication" commencing with Government Code 11500 District bears the burden of proof to present substantial evidence in support of the recommended disciplinary action.
4. The Board shall not apply to any such hearing before the Board or a hearing officer. Neither the Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such a hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 All hearings shall be heard by a hearing officer (who shall be an attorney licensed in the State of California) except in those cases where the Board determines to hear the appeal itself5. In any case in which the Board hears the appeal, the Board may use the services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the The Board shall affirm, modify or revoke the recommended personnel action.
18.12.4 If the appeal is heard by a hearing officer, he/she shall prepare a proposed decision in a form that may be adopted by the Board as the decision in the case6. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten days after the proposed decision is filed by the Board. After furnishing the proposed decision to each party, the The Board may:
18.1.4.1 a. Adopt the proposed decision in its entirety.
18.1.4.2 b. Reduce the personnel action set forth in the proposed decision and adopt the balance of the proposed decision.
18.1.4.3 c. Reject a proposed reduction in personnel action, approve the disciplinary personnel action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 d. Reject the proposed decision in its entirety.
18.12.5 . If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she shall prepare a proposed decision, as provided in item Section 18.12.4 “c” above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 days after the proposed decision is filed by the Board.
18.12.6 7. In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary personnel action, the Board or the hearing officer may consider the records of any prior disciplinary personnel action proceedings against the employee in which a disciplinary personnel action was ultimately sustained and any records that were contained in the employee's ’s personnel files and introduced into evidence at the hearing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Hearing Procedures. 15.6.1 The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Board or or, if applicable, the hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary partieshearing. The employee unit member shall be entitled to appear personally, produce evidence, and have CSEA representationcounsel. The employee unit member shall be entitled to a public hearing if he/she demands it when the Board is hearing the appeal.
18.12.1 . The complainant District may also be represented by counsel, and the Board may utilize the services of separate counsel to make procedural and evidentiary decisions during the hearing. The procedure entitled "“Administrative Adjudication" ” commencing with Government Code 11500 shall not apply to any such hearing before the Board or a hearing officer. Neither the Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 15.6.2 All hearings shall be heard by a hearing officer (who shall be an attorney licensed in the State of California) except in those cases where the Board determines to hear the appeal itself. In any case in which the Board hears the appeal, the Board may use the services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the Board shall affirm, modify or revoke reject in whole or in part, the recommended personnel action.
18.12.4 15.6.3 If the appeal is heard conducted by a hearing officer, he/she shall prepare a proposed decision in a such form that it may be adopted by the Governing Board as the decision in the case. A copy of the proposed decision shall be received and filed by with the Board and furnished to each party within ten (10) calendar days after before the proposed Board meeting. Either party may respond in writing to the decision is filed by at least five (5) calendar days before the BoardBoard meeting. After furnishing the proposed decision to each party, the The Board may:
18.1.4.1 (a) Adopt the proposed decision in its entirety.
18.1.4.2 (b) Reduce the personnel disciplinary action set forth in the proposed decision therein and adopt the balance of the proposed decision.
18.1.4.3 (c) Reject a proposed reduction in personnel disciplinary action, approve the disciplinary action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 (d) Reject the proposed decision in its entirety.
18.12.5 15.6.4 If the Governing Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon the record including the transcript, transcript with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned reassigned to a hearing officer, heshe/she he shall prepare a proposed decision, decision as provided in item Section 18.12.4 15.6.3 above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this such proposed decision shall be furnished to each party within 10 ten (10) days after the proposed decision is filed received by the BoardDistrict.
18.12.6 15.6.5 In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary action, the Governing Board or the hearing officer may consider the records of any prior disciplinary action proceedings against the employee unit member in which a disciplinary action was ultimately sustained and any records that were contained in the employee's unit member’s personnel files and file if such records were introduced into evidence at the hearing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Hearing Procedures. a. The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary partieshearing. The employee shall be entitled to appear personally, produce evidence, and have CSEA representationcounsel. The employee shall be entitled to a public hearing if he/she demands it when the Board is hearing the appeal.
18.12.1 . The complainant may also be represented by counsel. The procedure entitled "Administrative Adjudication" commencing with Government Code 11500 1150 shall not apply to any such hearing before the Board or a hearing officer. Neither the Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 b. All hearings shall be heard by a hearing officer (who shall be an attorney licensed in the State of California) except in those cases where the Board determines to hear the appeal itself. In any case in which the Board hears the appeal, the Board may use the services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the Board shall affirm, modify or revoke the recommended personnel action.
18.12.4 c. If the appeal is heard by a hearing officer, he/she shall prepare a proposed decision in a form that may be adopted by the Board as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten 10 days after the proposed decision is filed by the Board. After furnishing the proposed decision to each party, the The Board may:
18.1.4.1 (1) Adopt the proposed decision in its entirety.
18.1.4.2 (2) Reduce the personnel action set forth in the proposed decision and adopt the balance of the proposed decision.
18.1.4.3 (3) Reject a proposed reduction in personnel action, approve the disciplinary personnel action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 (4) Reject the proposed decision in its entirety.
18.12.5 d. If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she shall prepare a proposed decision, as provided in item Section 18.12.4 "7c" above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 days after the proposed decision is filed by the Board.
18.12.6 e. In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary personnel action, the Board or the hearing officer may consider the records of any prior disciplinary personnel action proceedings against the employee in which a disciplinary personnel action was ultimately sustained and any records that were contained in the employee's personnel files and introduced into evidence at the hearing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Hearing Procedures. 18.9.1. The hearing shall be held at the earliest convenient date, taking into consideration the established a schedule of the Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary partieshearing. The employee unit member shall be entitled to appear personally, personally produce evidence, evidence and have CSEA representation. The employee counsel the unit member shall be entitled to a public hearing if he/she the unit member demands it when the Board is hearing the appeal.
18.12.1 . The complainant may also be represented by counsel. The procedure entitled "“Administrative Adjudication" ” commencing with Government Code §11500 shall not apply to any such hearing before the Board or a hearing officer. Neither the Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in and any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 18.9.2. All hearings shall so I'll be heard by a hearing officer (who shall be an attorney licensed in the State of California) except in those cases where the Board determines to hear the appeal itself. In any case in which the Board hears the appeal, the Board may use the services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the Board shall affirm, modify modify, or revoke the recommended personnel actionpersonnelaction.
18.12.4 18.9.3. If the appeal is heard by a hearing officer, he/she the unit member shall prepare repair a proposed decision in a the form that may be adopted by the Board as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten (10) days after the proposed decision is filed by the Board. After furnishing the proposed decision to each party, the Board The board may:
18.1.4.1 a) Adopt the proposed decision in its entirety.
18.1.4.2 b) Reduce the personnel action set forth in the proposed decision in and adopt the balance of the proposed decision.
18.1.4.3 c) Reject a proposed reduction in personnel action, approve the disciplinary personnel action sought by the complainant or any lesser penalty, and adopt the balance of if the proposed decision.
18.1.4.4 d) Reject the proposed decision in its entirety.
18.12.5 18.9.4. If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon up on the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she the unit member shall prepare a proposed decision, as provided in item Section 18.12.4 “c” above, upon the additional evidence and in the transcript and other papers which are part of the record of or the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 ten (10) days after the proposed decision is filed by the Board.
18.12.6 18.9.5. In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary personal action, the Board or the hearing officer may consider the records of any prior disciplinary personal action proceedings against the employee unit member in which a disciplinary personal action was ultimately sustained and any records that were contained in the employee's unit member’s personnel files and introduced into evidence at the hearing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Hearing Procedures. 29 17.9.1 The hearing shall be held at the earliest convenient date, taking into consideration 30 the established schedule of the Board or hearing officer and the availability of the CSEA representative, 31 counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary parties32 hearing. The employee unit member shall be entitled to appear personally, produce 33 evidence, and have CSEA representationcounsel. The employee unit member shall be entitled to a public hearing 34 if he/she demands it when the Board is hearing the appeal.
18.12.1 . The complainant may 35 also be represented by counsel. The procedure entitled "Administrative 36 Adjudication" commencing with Government Code §11500 shall not apply to any 37 such hearing before the Board or a hearing officer. Neither the Board nor a 38 hearing officer shall be bound by rules of evidence used in California courts. 39 Informality in any such hearing shall not invalidate any order or decision made or 40 approved by the hearing officer or the Board.. 41
18.12.2 42 17.9.2 All hearings shall be heard by a hearing officer (who shall be an attorney licensed 43 in the State of California) except in those cases where the Board determines to 44 hear the appeal itself. In any case in which the Board hears the appeal, the Board 45 may use the services of its counsel or a hearing officer in ruling upon procedural 46 questions, objections to evidence, and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the 47 Board, the Board shall affirm, modify or revoke the recommended personnel 48 action.. 49 50
18.12.4 1 17.9.3 If the appeal is heard by a hearing officer, he/she shall prepare a proposed 2 decision in a form that may be adopted by the Board as the decision in the case. A 3 copy of the proposed decision shall be received and filed by the Board and 4 furnished to each party within ten (10) days after the proposed decision is filed by the Board. After furnishing the proposed decision to each party, the Board may:
18.1.4.1 Adopt the proposed decision in its entirety.
18.1.4.2 Reduce the personnel action set forth in the proposed decision and adopt the balance of the proposed decision.
18.1.4.3 Reject a proposed reduction in personnel action, approve the disciplinary action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 Reject the proposed decision in its entirety.
18.12.5 If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she shall prepare a proposed decision, as provided in item Section 18.12.4 above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 days after the proposed decision is filed by 5 the Board.
18.12.6 In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary action, the Board or the hearing officer may consider the records of any prior disciplinary action proceedings against the employee in which a disciplinary action was ultimately sustained and any records that were contained in the employee's personnel files and introduced into evidence at the hearing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Hearing Procedures. 26.2.5.1 The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary partieshearing. The employee shall be entitled to appear personally, produce evidence, and have CSEA representationcounsel. The employee shall be entitled to a public hearing if he/she demands they demand it when the Board is hearing the appeal.
18.12.1 . The complainant may also be represented by counsel. The procedure entitled "“Administrative Adjudication" ” commencing with Government Code 11500 shall not apply to any such hearing before the Board or a hearing officer. Neither the Board nor a the hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer officer, law judge or the Board.
18.12.2 26.2.5.2 All hearings shall be heard by a hearing officer (who shall be an attorney licensed in the State of California) except in those cases where selected by the Board determines to hear parties alternately striking names from a list of at least five (5) arbitrators provided by the appeal itself. In any case in which the Board hears the appeal, the Board may use the services of its counsel or a State Mediation and Conciliation Service.
26.2.5.3 The hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the Board shall affirm, modify or revoke the recommended personnel action.
18.12.4 If the appeal is heard by a hearing officer, he/she shall prepare a proposed decision in a form that may be adopted by the Board as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten (10) days after the proposed decision is filed by the Board. After furnishing the proposed decision to each party, the The Board may:
18.1.4.1 (a) Adopt the proposed decision in its entirety.
18.1.4.2 (b) Reduce the personnel disciplinary action set forth in the proposed decision and adopt the balance of the proposed decision.
18.1.4.3 (c) Reject a proposed reduction in personnel disciplinary action, approve the disciplinary action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 (d) Reject the proposed decision in its entirety.
18.12.5 26.2.5.4 If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she they shall prepare a proposed decision, as provided in item Section 18.12.4 “c” above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 ten (10) days after the proposed decision is filed by the Board.
18.12.6 26.2.5.5 In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary personnel action, the Board or the hearing officer may consider the records of any prior disciplinary personnel action proceedings against the employee in which a disciplinary action was ultimately sustained and any records that were contained in the employee's ’s personnel files and introduced into evidence at the hearing.
Appears in 1 contract
Samples: Tentative Agreement
Hearing Procedures. The hearing 16 Hearings shall be held at the earliest convenient date, taking into consideration the established schedule of the Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary parties. The employee shall be entitled to appear personally, produce evidence, and have CSEA representation. The employee shall be entitled to a public hearing if he/she demands it when the Board is hearing the appeal.
18.12.1 The complainant may also be represented heard by counsel. The procedure entitled "Administrative Adjudication" commencing with Government Code 11500 shall not apply to any such hearing before the Board or a hearing officeroffice. Neither the Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 All hearings shall be that are heard by a hearing officer (who officer, 17 shall be an attorney licensed in the State of California) except in those cases where , and will be mutually agreed upon by the exclusive 18 representative and the District. When initiated by the Board determines to hear all such costs shall be covered by the appeal itselfDistrict. In any 19 case in which the Board hears the appeal, the Board may use the services of its counsel or a hearing officer in 20 ruling upon procedural questions, objections to evidence, and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, 21 the Board shall affirm, modify modify, or revoke the recommended personnel disciplinary action. 22 The hearing shall be held at the earliest convenient date, taking into consideration the established 23 schedule of the Board or hearing officer and the availability of counsel and witnesses. The parties shall be 24 notified of the time and place of the hearing. The unit member shall be entitled to a public hearing in closed 25 session if he/she demands it when the Board is hearing the appeal. The District may also be represented by 26 counsel. The procedure entitled “Administrative Adjudication” commencing with Government Code section 27 11500 shall not apply to any such hearing before the Board or a hearing officer. Neither the Board nor a hearing 28 officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not 29 invalidate any order or decision made or approved by the hearing office or the Board. The hearing officer or the 30 Board shall determine whether the parties are to file closing briefs.
18.12.4 1 If the appeal is heard by a hearing officer, he/she shall prepare a proposed decision in a form that may shall 2 be adopted by the Board as the decision in the case. A copy of the proposed decision shall be received and filed 3 by the Board and furnished to each party within ten 20 days after the proposed decision is filed by date of the Boardhearing. After furnishing the proposed decision to each party, the The Board may:
18.1.4.1 4 1. Adopt the proposed decision in its entirety.;
18.1.4.2 Reduce 5 2. Modify the personnel action set forth in the proposed decision and adopt the balance of the proposed decision.recommended disciplinary action; or
18.1.4.3 Reject a proposed reduction in personnel action, approve the disciplinary action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 6 3. Reject the proposed decision in its entirety.
18.12.5 . 7 8 If the Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so 11 assigned to a hearing officeroffice, he/she shall prepare a proposed decision, as provided in item Section 18.12.4 described above, upon the additional 12 evidence and the transcript and other papers papers, which are part of the record of the prior hearing. A copy of this proposed decision shall be furnished to each party within 10 days after the proposed decision is filed by the Board.
18.12.6 In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary action, the Board or the hearing officer may consider the records of any prior disciplinary action proceedings against the employee in which a disciplinary action was ultimately sustained and any records that were contained in the employee's personnel files and introduced into evidence at the hearing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Hearing Procedures. 11.3.1.7.1 The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Governing Board or hearing officer and the availability of the CSEA representative, counsel and witnesses. The parties shall be notified of the time and place of the hearing after ensuring availability of all necessary partieshearing. The employee shall be entitled to appear personally, produce evidenceevident, and have CSEA representation. The employee shall be entitled to a public hearing counsel and, if he/she demands it demand is made therefore when the Board is hearing the appeal.
18.12.1 , a public hearing. The complainant may also be represented by counsel. The procedure entitled "“Administrative Adjudication" ” commencing with at Section 11500 of the Government Code 11500 shall not apply be applicable to any such hearing before the Governing Board or a hearing officer. Neither the Board nor a hearing officer shall be bound by the rules of or evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Board.
18.12.2 11.3.1.7.2 All hearings hearing shall be heard by a hearing officer (who shall be an attorney licensed in the State of California) except in those cases where the Governing Board determines to hear the appeal itselfthemselves. In any case in which the Board hears the appeal, the Board may use utilize the services of its counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. However, the Board must employ separate counsel from the one presenting the case for the complainant.
18.12.3 If the appeal is heard by the Board, the Board it shall affirm, modify or revoke the recommended personnel action.
18.12.4 11.3.1.7.3 If the appeal is heard by a hearing officer, he/she shall prepare a proposed decision in a such form that may be adopted by the Governing Board as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten (10) days after the proposed decision is filed received by the Boardboard. After furnishing the proposed decision to each party, the The Board may:
18.1.4.1 i) Adopt the proposed decision in its entirety.
18.1.4.2 ii) Reduce the personnel action set forth in the proposed decision therein and adopt the balance of the proposed decision.
18.1.4.3 iii) Reject a proposed reduction in personnel action, approve approved the disciplinary personnel action sought by the complainant or any lesser penalty, and adopt the balance of the proposed decision.
18.1.4.4 iv) Reject the proposed decision in its entirety.
18.12.5 11.3.1.7.4 If the Governing Board rejects the proposed decision in its entirety, each party shall be notified of such action and the Board may decide the case upon upon-the record including the transcript, with or without the taking of additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer, he/she shall prepare a proposed decision, decision as provided in item Section 18.12.4 paragraph 11.2.1.7.3, above, upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of this such proposed decision shall be furnished to each party within 10 ten days after the proposed decision is filed by with the Board.
18.12.6 11.3.1.7.5 In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary personnel action, the Governing Board or the hearing officer may consider the records of any prior disciplinary personnel action proceedings proceedings, against the employee in which a disciplinary personnel action was ultimately sustained and any records that were contained in the employee's ’s personnel files and if such records were introduced into evidence at the hearing.
11.3.1.7.6 The decision of the Governing Board shall be in writing and shall contain findings of fact and the personnel action approved, if any. The findings may be stated in the language of the pleadings or reference thereto.
Appears in 1 contract
Samples: Collective Bargaining Agreement
