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HomeMy WebLinkAboutRES 1978-56 - Board RESOLUTION NO. 7856 OF THE TRUCKEE-DONNER PUBLIC UTILITY DISTRICT ESTABLISHING PROCEDURES FOR THE TERMINATION OR SUSPENSION OF EMPLOYEES WHEREAS, Section 16194 of the California Public Utilities Code requires the District to make rules pertaining to the pro- cedure for removal of employees; and WHEREAS, it is the desire of the Board of Directors to enact such rules. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the TRUCKEE-DONNER PUBLIC UTILITY DISTRICT, as follows: 1. Each of the following constitutes grounds for -0 discipline of an employee. (a) Failure to perform work in an efficient, workman-like manner. (b) Insubordination, (c) Absent without authorization or just cause. (d) Failure to cooperate willingly and cheer- fully with supervisors, and/or fellow em- ployees in matters pertaining to the Dis- trict' s operations. (e) Insobriety, (f) Dishonesty. 2. The Board of Directors and/or the manager may take disciplinary action against an employee for one or e of the causes specified in this resolution. The loyee. shall be. notified of the disciplinary action n writing. The notice shall be served upon the yee either personally or by mail and shall in- ude: (a) a statement of -the nature of the disci- ary action; (b) the effective date of the action; (c) a statement of the causes therefore; (d) a state- ment in ordinary and concise language of the acts or omissions upon which the causes are based; (e) a statement advising the employee of his or her right to answer the notice and the time within which that must be done; and (f) the date, time, and location of the hearing. 3e The District may order the employee on leave of ab- sence with pay until the final determination by the Law Offices Of hearing officer. The leave may be earlier terminated ;Maven E.Grumer,Ltd. by giving 48 hours notice in writing to the employee to return to work, 4. The employee may file with the Board a written answer to the notice no later than 15 calendar days after service of the notice of disciplinary action. With the consent of the Board or its authorized representative an amended answer may subsequently be filed. If the employee fails to answer within the a time specified or after ah swering--withdraws his -or her answer, the disciplinary action taken by the hearing officer shall be final. 5. The -hearing date specified in Section 2 herein shall be no earlier than 21 days nor later than 45 days from the date of service. 6. Hearings shall be held before an independent hearing officer appointed by the District for this purpose. The hearing officer shall prepate a written decision which decision shall be final. The decision shall contain findings of fact and the punitive action, if any. Copies of the decision shall be delivered to the parties personally or by mail. The hearing officer shall make every reasonable effort to render a prompt decision. 7. The hearing shall be conducted as follows : (a) Oral evidence shall be taken only on oath or affirmation,, (b) Each party shall have these rights : To be rep- resented by counsel; to call and examine witnes- ses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any wit- ness regardless of which party first called him to testify; and to rebut the evidence against him. (c) The hearing need not be conducted according to technical rules relating to evidence and witnes- ses. Any relevant evidence shall be admitted • ' f it is the sort of evidence on which respons i' _ e persons are accustomed to rely in the conduct serious affairs , reg ardless of the existence of any common law or statutory rule which mig ht make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be suf- f icient in itself to support a f inding unless it would be admissible over objec-tion in civil actions. The rules of privilege shall be ef- fective -to the extent that they are otherwise required by statute to be recognized at the hear- ing, and irrelevant and unduly repetitious evi- dence shall be excluded, (d) A Court Reporter shall be hired by the District to make a record of the proceeding. 8. Failure of the employee to appear at the hearing shall be deemed a withdrawal of his answer and the action ieve n Law E.OGrumerffices Of, Ltd. of the hearing officer shall be final. . • . . . . . . . . . . . jot PASSED AND ADOPTED by the Board of Directors of the Truckee-Donner Public Utility District, at a special meeting held within said District on the 13th day of November, 1978 , by the following roll call vote . AYES: Huber Sutton Maass NOES: None ABSENT: Kuttel Hatch TRUCKEE-DONNER PUBLIC UTILITY DISTRICT By R ...... je ; S A. MAAS9 President ATTEST: '0 A. MILTON SEYMOU_ �'; Clerk Thereof 149 ��e Law Offices Of iwven E.Grumer,Ltd. 1000OW40"10 Wiwi own t --------------