LWV LEAGUE OF WOMEN VOTERS
Smart Voter
Stanislaus County, CA November 2, 1999 Election
Measure O
Charter Amendment/Board of Personnel Appeals
City of Modesto

8,823 / 49% Yes votes ...... 9,178 / 51% No votes

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Infomation shown below: Summary | Yes/No Meaning | Arguments | Full Text
Shall the Modesto City Charter be amended to eliminate any reference to the Board of Personnel Appeals?
Summary Prepared by the City Attorney:
Sections 1108 and 1109 of the Modesto City Charter currently establish the authority for the Board of Personnel Appeals and outline their duties and powers. Section 1205 of the Modesto City Charter outlines the duties of hearing officers and the selection process for choosing them. The Council last appointed someone to the Board of Personnel Appeals in 1989 for a term of four years. Since that time, all four City employee associations have negotiated the right to appeal disciplinary matters to a State arbitrator. Unrepresented employees are also afforded that right. Those actions, therefore, have made Sections 1108 and 1109 unnecessary. This measure would delete Sections 1108 and 1109 from the Modesto City Charter and it would amend Section 1205 to strike the reference to the Board of Personnel Appeals and add a provision that states that the hearing officer for disciplinary appeals is to be jointly selected by the City and the employee.

s/Michael D. Milich
City Attorney

Meaning of Voting Yes/No
A YES vote of this measure means:
You should vote "YES" on this measure if you want to delete two obsolete sections of the Charter and to change Section 1205 to reflect the current practice of selecting hearing officers for disciplinary appeals.

A NO vote of this measure means:
You should vote "NO" on this measure if you want to reject these changes.

  
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Arguments For Measure O
The City is fortunate to have many active and effective Boards and Commissions. However, the Board of Personnel Appeals function has been replaced by other appeal processes and therefore is no longer necessary. The primary duty of the Board of Personnel Appeals was to select a hearing officer to hear the disciplinary appeals of employees in the classified services, unless an employee association negotiates a separate procedure. All four employee associations, along with unrepresented employees, have negotiated separate appeals processes. None utilize hearing officers selected by the Board of Personnel Appeals. Council last appointed a citizen to the Board in 1989 and all board member terms have since expired. The Board has been inactive and last met more than eight years ago. The Board of Personnel Appeals serves no useful purpose and should be abolished.

s/Richard A. Lang
Mayor

(No arguments against Measure O were submitted)

Text for Measure O
CITY OF MODESTO CHARTER AMENDMENT MEASURE O

SECTION 1108. BOARD OF PERSONNEL APPEALS There shall be a Board of Personnel Appeals consisting of three (3) members. SECTION 1109. BOARD OF PERSONNEL APPEALS, POWERS AND DUTIES. The Board of Personnel Appeals shall have the power and duty to:

(a) Select a hearing officer to hear the appeals of any person in the classified service relative to any suspension, demotion or dismissal, so long as a separate and distinct procedure has not been delineated by a valid and existing Memorandum of Understanding.

(b) Act in an advisory capacity to the City Manager on such personnel matters as may be referred to it by the City Manager.

SECTION 1205. HEARING OFFICERS.

An appeal of any person in the Classified Service relative to any suspension, demotion or dismissal, where the right of appeal is granted by the Personnel System of the City of Modesto, shall be heard by a hearing officer, who shall be selected by the Board of Personnel Appeals jointly selected by the City and the employee. The findings and recommendations of a hearing officer shall be made to the City Manager, who shall make the final determination relative to any suspension, demotion or dismissal. An alternative procedure for hearing and final determination of appeals may be delineated by a valid and binding Memorandum of Understanding or other instrument for nonrepresented employees.

Hearing officers shall have the power to administer oaths and affirmations in any appeals pending before them. Hearing officers shall have the power and authority to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before them. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than constitutional grounds), shall be deemed contempt and shall be punishable as provided by the general laws of this State.

Note: Any wording stricken would be deleted by this measure.

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Created: November 18, 1999 15:00
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