No person employed under civil service provisions of this division or of any rules and regulations adopted pursuant thereto in a permanent position shall be removed, discharged, or suspended except for cause.
Civil Service SystemDiscipline
Section § 12161
If you have a permanent job under the civil service rules, you can't be fired, removed, or suspended unless there's a valid reason.
civil service employment permanent position job protection
Section § 12162
An employee can be removed or fired for various reasons including not doing their job well, frequently being drunk, acting unethically, not following orders, being rude to people, being dishonest, or neglecting their duties.
Removal or discharge may be made for any of the following causes: incompetence, habitual intemperance, immoral conduct, insubordination, discourteous treatment of the public, dishonesty, or inattention to public service.
employee removal discharge causes incompetence
Section § 12163
If a department or division head needs to discipline a subordinate, they can suspend them for up to 15 days. During this suspension, the subordinate will not receive their salary.
The department or division head may for disciplinary purposes suspend a subordinate for a period of not exceeding 15 days and suspension shall carry with it a loss of salary for the period of suspension.
disciplinary suspension subordinate suspension loss of salary
Section § 12164
If an employee receives a notice of being removed, fired, or suspended, they have five days to ask their general manager for a chance to defend themselves. Alternatively, if the district and the employee's union have agreed, the employee can choose to use a grievance process instead. This grievance option is only available if both parties have previously negotiated and agreed on it, as allowed by certain government guidelines.
Within five days after the mailing of written notice of removal, discharge, or suspension, any employee may file a written request with the general manager for an opportunity to be heard in his own defense or, at the employee’s option, may utilize a grievance procedure if the district and a recognized employee organization have agreed after meeting and conferring in good faith pursuant to Section 3505 of the Government Code that a grievance procedure may be used in disciplinary proceedings involving removals, discharges, and suspensions as an alternative to the procedure provided for in Sections 12165 and 12166.
employee defense written notice removal procedure
Section § 12165
If someone requests a hearing for charges, the general manager quickly selects a committee of three people from the district's officers or department heads to evaluate the charges. These committee members cannot be elected officials. The person accused will be informed of when and where the hearing will take place via a mailed notice sent to their last known address.
When such request is made the general manager shall immediately appoint from officers or assistant officers of the district (other than elected officials), or heads of departments or divisions, a committee of three to hear and determine such charges and shall notify the person accused of the time and place when the charges will be heard by mailing a notice to his last known address.
general manager appointment committee of three hearing charges
Section § 12166
This law section states that a committee looks into cases involving employees and makes a decision they think is fair. They can choose to fire, suspend, or reinstate the employee. Their decision is final unless the employee asks the general manager to review it within 10 days. The general manager can then require more evidence if needed, and their decision will be the final say.
The committee shall examine into the case and make such decision as it deems just and may among other things order the employee discharged, suspended, or reinstated. Its order or decision shall be final unless the employee within 10 days after the date of the order requests the general manager to review the order, in which event the general manager may require any additional evidence he deems material, and his order or decision, with or without such additional evidence, shall be final.
employee discipline committee decision discharge
Section § 12167
This law ensures that civil service rules do not take away a person's right to pursue their case or seek justice in court.
Nothing in the civil service provisions of this division deprives any person of his rights and remedies in a court of competent jurisdiction.
civil service provisions rights court remedies
