HomeMy WebLinkAboutCC 8 AMEND PERS RULES 08-06-84.uENDA
. ~ATE: July 23, 1984
CONSENT CALENDAR'
NO. 8
8-6-84
Inter- Corn
Bill Huston, City Manager
Royleen A. White, Director of Community and Administrative Services
AMENDMENT TO THE PERSONNEL RULES
RECOMMENDATION:
That the Council adopt Resolution No. 84-59 amending the Personnel Rules and
Regulations with respect to probationary police officers.
BACKGROUND DISCUSSION:
This amendment to the Personnel Rules and Regulations affects sworn personnel
only. Pursuant to Section 1.F. of the Personnel Rules, all affected employees
have been given at least five days notice of the proposed amendment and have
been given the opportunity to present their views at this Council meeting. The
President of the Tustin Police Employees Association has also been consulted
regarding the proposed amendment and he had no objection.
The proposed amendment is the addition of a new section to the Rules regarding
probationary police officers. It states that a probationary police officer may
be rejected at any time by the Chief of Police with the approval of the City
Manager without cause. Written notification of the proposed rejection should be
served on the probationer along with a notice of a right to an administrative
appeal to the City Manager or his designee. This change is in response to
recent court cases, some of which indicate that a probationer is entitled to an
administrative appeal. The question to be considered at the appeal is not
whether the City has cause to terminate the probationer, but whether there is
any evidence that the termination was based on improper reasons, such as
discrimination or the employee's exercise of constitutional rights.
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Attachment: Resolution #84-59
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RESOLUTION NO. 84-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
A~4ENDING THE PERSONNEL RULES AND REGULATIONS WITH RESPECT TO REJECTION
OF PROBATIONARY POLICE OFFICERS.
WHEREAS, by Resolution No. 996, the City Council adopted Personnel
Rules and Regulations; and
WHEREAS, the City Council wishes to amend those Personnel Rules and
Regulatioffs to make clear that probationary police officers have the right
to an administrative appeal if rejected; and
WHEREAS, in accordance with Section 1.F. of the Personnel Rules and
Regulations, Tustin employees'were given at least five days notice of the
)roposed amendment and have been given an opportunity to present their
support or objection to the proposed amendment at the City Council meeting
held on this date.
NOW, THEREFORE, the City Council of the City of Tustin hereby resolves
as follows:
1. Section C.1 of the Personnel Rules shall be amended to read as
follows; Rejection of Probationer Except Probationary Police
Officerm
2. Section'C.2 shall be added to the Personnel Rules and Regulations
of the City of Tustin, to read as follows:
C.2 Rejection of Probationary Police Officer.
During the probationary period, a probationary police officer may
be rejected at any time by the Department Head with approval of
the City Manager without cause. Written notification of the
proposed rejection shall be served on the Probationer, along with
notice of the right to an administrative appeal to the City
Manager or his designee pursuant to Government Codes Section
3304(b) and Section 12.C of these Rules and Regulations.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Tustin, California, held on the 6th dM of August, 1984.
~TTEST:
CITY CLERK