HSB 197

The bill instead provides that an employee holding civil service rights shall not be unreasonably or unjustly subject to disciplinary action, but may be subject to disciplinary action upon a finding by a preponderance of the evidence that the employee committed an act or failure to act that is in violation of clearly established law or reasonable city policies or department rules. _____ upon presentation of grounds for such action to the subordinate, due to any act or failure to act by the employee that is in contravention of law, city policies, or standard operating procedures, or that in the judgment of the authority is sufficient to show that the employee is unsuitable or unfit for employment. The bill instead allows an appointing authority to peremptorily impose disciplinary action on a subordinate, upon presentation of reasonable and just grounds for such action to the subordinate, due to any proven act or failure to act by the employee that is in violation of clearly established law or city policies or is immediately detrimental to the public. The bill includes various changes relating to appeals of decisions regarding disciplinary action to city civil service commissions. When an employee is charged with a violation, the bill provides that the city shall establish each element of the charges by a preponderance of the evidence and shall have the burden to prove that the punishment imposed upon the employee is proportionate, reasonable, and just in the totality of the circumstances. The bill prohibits a person from knowingly withholding exculpatory evidence from an employee so charged. The bill permits an attorney representing a party in such an appeal to sign a subpoena. The bill authorizes the commission to deliberate in closed session upon request of the employee. The bill requires the commission to provide for the production of evidence and exchange of exhibits in advance of trial. If the city civil commission determines that the city proved the employee committed the charge as specified, the bill requires the commission to determine whether the disciplinary action was unreasonable or unjust based upon the totality of the circumstances based on factors including those specified in the bill. The bill provides that the commission shall only consider, order, or impose discipline upon the employee for charges proven by the city. _____ charge with prejudice if the city fails to meet its burden of proof as to any element of the charge. The bill provides that the final decision of the commission shall be based upon a majority vote of the commission, except that removals shall be upon a unanimous vote, made in writing and shall include findings of fact and conclusions relied upon, and reasoning or rationale for the decision, separately stated. The bill requires the commission to render and serve its final decision upon the parties within days of the close of the record or trial unless the parties consent to a later date in writing or on the record. The bill provides procedures for counsel representing the city in an appeal to a city civil services commission. The bill strikes language providing that the scope of review for an appeal of the decision of the city civil service to district court shall be limited to de novo appellate review without a trial or additional evidence. The bill instead provides that the scope of review shall be a trial de novo. The bill provides that in addition to any other remedies and relief, upon application, the district court may award a prevailing employee reasonable attorney fees, expert fees, and costs and expenses.