Common use of Hearing Procedure Clause in Contracts

Hearing Procedure. A. The Personnel Commission may conduct hearings of appeals or may appoint a hearing officer to conduct the hearing and report findings and recommendations to the Commission. If the Personnel Commission orders a hearing, said hearing shall be held in closed session. The employee shall be given written notice of his or her right to have the complaints or charges heard in an open session rather than closed session pursuant to Government Code section 54957. The notice shall be delivered to the employee personally or by mail at least twenty-four (24) hours before the time for holding the closed session. B. Hearings shall be conducted in the manner most conducive to determination of the truth, and neither the Commission nor its hearing officer shall be bound by technical rules of evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. C. The Personnel Commission or its hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. It shall base its findings on the preponderance of evidence. D. Each side will be permitted an opening statement (Board first) and closing arguments (employee first). The Board shall first present its witnesses and evidence to sustain its charges and the employee will then present his witnesses and evidence in defense. E. Each side will be allowed to examine and cross-examine witnesses. F. Both the Board and the employee will be allowed to be represented by legal counsel or other designated representation. The employee may, at his/her option, be represented by legal counsel and/or union representation, or any other person designated by the employee. If the employee files an appeal, the employee shall be required to attend the Commission Appeal Hearing, even if the employee’s designated representative appears on his/her behalf. If the employee fails to appear, the employee will be deemed to have forfeited his/her rights to further appeal and the Personnel Commission shall allow the Board of Trustee’s disciplinary action to stand. G. The Commission may, and shall, if requested by the Board or the employee, subpoena witnesses and/or require the production of records or other material evidence. H. The Commission may, prior to or during a hearing, grant a continuance for any reason it believes to be important to its reaching a fair and proper decision. I. Whether the hearing is held in a public or Executive Session, the Commission, after it concludes the hearing, may deliberate its decision in Executive Session. No persons other than members of the Commission, its counsel, and the Director of Personnel shall be permitted to participate in the deliberations. If the Personnel Director or any staff was a witness in the proceedings, he shall also be barred from the Commission's final deliberations. J. The Commission shall render its judgment in an open session as soon after the conclusion of the hearing as possible and in no event later than fourteen (14) days. Its decision shall set forth which charges, if any, are sustained and the reasons therefore. K. The Commission may sustain or reject any or all of the charges filed against the employee. It may sustain, reject, or modify the disciplinary action invoked against the employee. It may not provide for discipline more stringent than that invoked by the Board. L. The Commission order of judgment will be filed with the Governing Board and the charged employee and shall set forth its findings and decision. If a dismissal is not sustained, its order shall set forth the effective date the employee is to be reinstated which may be any time on or after the date of disciplinary action.

Hearing Procedure. A. 5.1. At hearings, the following procedures will be followed, subject to the discretion of the Chair to modify these procedures as circumstances require to ensure a fair hearing: (a) The Personnel Commission may conduct hearings Chair will open the hearing, introduce the Members of appeals or may appoint a hearing officer to conduct the Panel, and outline how the hearing will proceed. (b) The Clerk will introduce the appeal and report findings confirm that notice of appeal has been provided to all parties in accordance with the Act. (c) The Chair will ask if anyone objects to any Member of the Panel hearing the appeal and recommendations any objections may be addressed as a preliminary matter, if necessary. (d) The Chair shall then call upon Administration to outline the matter under appeal and make submissions, if any. (e) The Chair shall then call upon the Applicant if different from the Appellant, to make submissions, if any. (f) The Chair shall then call upon the Appellant to make submissions, if any. (g) The Chair shall then call upon any individuals in favour of the appeal and who are entitled to be heard by the Board in accordance with the Act to speak. (h) The Chair shall then call upon any persons opposed to the Commission. If appeal and who are entitled to be heard by the Personnel Commission orders a hearing, said hearing shall be held Board in closed session. The employee shall be given written notice of his or her right accordance with the Act to have the complaints or charges heard in an open session rather than closed session pursuant to Government Code section 54957. The notice shall be delivered to the employee personally or by mail at least twenty-four (24) hours before the time for holding the closed sessionspeak. B. Hearings shall be conducted in (i) The Chair will then call upon the manner most conducive Applicant to determination of the truthprovide closing comments, and neither the Commission nor its hearing officer shall be bound by technical rules of evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedingsif any. C. (j) The Personnel Commission or its hearing officer shall determine the relevancyChair will then call upon Administration to provide closing comments, weight, and credibility of testimony and evidence. It shall base its findings on the preponderance of evidenceif any. D. Each side (k) The Chair will then call upon the Appellant to provide closing comments, if any. (l) Members may ask any presenter questions through the Chair at any time, although questions will generally be permitted an opening statement asked after the presenter has completed their submissions. (Board firstm) and closing arguments Once Members have asked all their questions, the Chair will close the hearing. (employee first). n) The Board shall first present its witnesses deliberate and evidence to sustain its charges and the employee will then present his witnesses and evidence in defense. E. Each side will be allowed to examine and cross-examine witnesses. F. Both the Board and the employee will be allowed to be represented by legal counsel or other designated representation. The employee may, at his/her option, be represented by legal counsel and/or union representation, or any other person designated by the employee. If the employee files an appeal, the employee shall be required to attend the Commission Appeal Hearing, even if the employee’s designated representative appears on his/her behalf. If the employee fails to appear, the employee will be deemed to have forfeited his/her rights to further appeal and the Personnel Commission shall allow the Board of Trustee’s disciplinary action to stand. G. The Commission may, and shall, if requested by the Board or the employee, subpoena witnesses and/or require the production of records or other material evidence. H. The Commission may, prior to or during a hearing, grant a continuance for any reason it believes to be important to its reaching a fair and proper decision. I. Whether the hearing is held in a public or Executive Session, the Commission, after it concludes the hearing, may deliberate make its decision in Executive Session. No persons other than members of private in accordance with the Commission, its counsel, and the Director of Personnel shall be permitted to participate in the deliberations. If the Personnel Director or any staff was a witness in the proceedings, he shall also be barred from the Commission's final deliberationsAct. J. The Commission shall render its judgment in an open session as soon after 5.2. Submissions to the conclusion of the hearing as possible Board may be made by individuals, their agents, their consultants and in no event later than fourteen (14) days. Its decision shall set forth which charges, if any, are sustained and the reasons thereforetheir legal counsel. K. The Commission may sustain or reject any or all 5.3. All individuals who want to address the Board shall provide their full name, location of the charges filed against the employee. It may sustainresidence and indicate whether they are speaking on their own behalf, rejectfor another person, or modify the disciplinary action invoked against the employeefor a group. 5.4. It may An individual who does not provide for discipline more stringent than that invoked by their identity will not be given the opportunity to address the Board. L. 5.5. The Commission order of judgment will be filed with the Governing Board and the charged employee and shall set forth its findings and decision. If a dismissal is not sustained, its order shall set forth the effective date the employee is to be reinstated which Chair may be any time on or after the date of disciplinary actionlimit repetitious oral submissions.

Hearing Procedure. A. 9.4.1 The Personnel Commission may conduct hearings of appeals or may appoint a hearing officer to conduct the hearing hearings and report findings and recommendations to the Commission. If the Personnel Commission orders a hearing, said hearing shall be held in closed session. The employee shall be given written notice of his or her right to have the complaints or charges heard in an open session rather than closed session pursuant to Government Code section 54957. The notice shall be delivered to the employee personally or by mail at least twenty-four (24) hours before the time for holding the closed session. B. 9.4.2 Hearings shall be conducted in the manner most conducive to determination of the truth, and neither the Commission nor its hearing officer shall be bound by technical rules of evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. C. 9.4.3 The Personnel Commission or its hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. It shall base its findings on the preponderance of evidence. D. 9.4.4 Each side will be permitted an opening statement (Board first) and closing arguments (employee unit member first). The Board shall first present its witnesses and evidence to sustain its charges and the employee unit member will then present his his/her witnesses and evidence in defense. E. 9.4.5 Each side will be allowed to examine and cross-examine witnesses. F. 9.4.6 Both the Board and the employee unit member will be allowed to be represented by legal counsel or other designated representation. The employee may, at his/her option, be represented by legal counsel and/or union representation, or any other person designated by the employee. If the employee files an appeal, the employee shall be required to attend the Commission Appeal Hearing, even if the employee’s designated representative appears on his/her behalf. If the employee fails to appear, the employee will be deemed to have forfeited his/her rights to further appeal and the Personnel Commission shall allow the Board of Trustee’s disciplinary action to stand. G. 9.4.7 The Commission may, and shall, shall if requested by the Board or the employeeunit member, subpoena witnesses and/or require the production of records or other material evidence. H. 9.4.8 The Commission may, prior to or during a hearing, grant ▇▇▇▇▇ a continuance for any reason it believes to be important to its reaching a fair and proper decision. I. 9.4.9 Whether the hearing is held in a public or Executive Sessionclosed session, the Commission, after it concludes the hearing, hearing may deliberate its decision in Executive Sessionclosed session. No persons other than members of the Commission, its counsel, and the Director of Personnel its staff shall be permitted to participate in the deliberations. If the Personnel Director of Human Resources or any staff is not serving full time for the Commission and/or was a witness in the proceedings, he shall also be barred from the Commission's ’s final deliberationsdeliberation. J. 9.4.10 The Commission shall render its judgment in an open session as soon after the conclusion of the hearing as possible and in no event later than fourteen (14) 14 days. Its decision shall set forth which charges, if any, are sustained and the reasons thereforetherefor. The Commission’s decision shall be set forth in writing and signed by the chairman of the Commission and be sent to all parties of interest. The commission’s decision shall be final. K. 9.4.11 The Commission may sustain or reject any or all may, if it finds in favor of the charges filed against unit member, include any of the employeefollowing as part of its judgment: • Order the unit member’s reinstatement upon such terms and conditions as it may determine appropriate. It may sustain, reject, or modify • Modify the disciplinary action invoked against the employee. It may action, but not provide for discipline to make more stringent than that invoked the action taken by the Board. L. The Commission order . • Order paid all or part of judgment will be filed with the Governing Board and unit member’s lost compensation. • Order expunction from the charged employee and shall set forth its findings and decision. If a dismissal is not sustained, its order shall set forth unit member’s personnel file of records pertaining to the effective date the employee is to be reinstated which may be any time on or after the date of disciplinary action.

Hearing Procedure. A. (a) The Personnel Commission may conduct hearings Employer shall afford the officer due process rights, including adequate notice of appeals or may appoint a hearing officer to conduct the hearing and report findings and recommendations to the Commission. If the Personnel Commission orders a hearing, said hearing shall be held in closed session. The employee shall be given written notice of his or her a right to have the complaints or charges heard in an open session rather than closed session pursuant present evidence, a right to Government Code section 54957. The notice shall be delivered to the employee personally or by mail at least twenty-four (24) hours before the time for holding the closed session. B. Hearings shall be conducted in the manner most conducive to determination of the truth, and neither the Commission nor its hearing officer shall be bound by technical rules of evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. C. The Personnel Commission or its hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. It shall base its findings on the preponderance of evidence. D. Each side will be permitted an opening statement (Board first) and closing arguments (employee first). The Board shall first present its witnesses and evidence to sustain its charges and the employee will then present his witnesses and evidence in defense. E. Each side will be allowed to examine call and cross-examine witnesseswitnesses and a right to counsel. The cost of counsel and any witness fees shall be the responsibility of the party incurring the cost. F. Both (b) The Employer shall conduct a hearing pursuant to the Board and New York State Administrative Procedure Act (hereinafter referred to as the employee will be allowed to be represented by legal counsel or other designated representation“APA”). The employee mayEmployer shall have the right to appoint a Hearing Officer. In addition to all rights afforded the Hearing Officer under the APA, at the Hearing Officer shall have the authority to administer oaths, to fix the date, time and place of the hearings, to grant any adjournments as deemed necessary or appropriate, to issue subpoenas, and to fix the time for filing of briefs. (c) A determination made in any other forum by an officer, agency, or court regarding an entitlement to any other statutory disability benefit may be notified by, but shall not be controlling upon the Hearing Officer. (d) A stenographic record of the hearing shall be the official record of the hearing. The Employer and Association shall equally share the cost of the stenographic record. (e) The Hearing Officer shall render his/her optionwritten Finding(s) and Recommendation(s) within thirty (30) calendar days of either the close of the hearing or date briefs are to be filed, be represented by legal counsel and/or union representationto the Employer, or any other person designated by the employee. If the employee files an appeal, the employee shall be required to attend the Commission Appeal Hearing, even if the employee’s designated representative appears on officer and his/her behalf. If representative explaining the employee fails to appearbasis for the determination, by first (1st) class mail. (f) The Employer shall render its written final determination explaining the employee will be deemed to have forfeited basis within ten (10) calendar days after receipt of the Hearing Officer’s Finding(s) and Recommendation(s) on the officer and his/her rights to further appeal and the Personnel Commission shall allow the Board of Trustee’s disciplinary action to standrepresentative, by first (1st) class mail. G. The Commission may, and shall, if requested by the Board or the employee, subpoena witnesses and/or require the production of records or other material evidence. H. The Commission may, prior to or during a hearing, grant a continuance for any reason it believes to be important to its reaching a fair and proper decision. I. Whether the hearing is held in a public or Executive Session, the Commission, after it concludes the hearing, may deliberate its decision in Executive Session. No persons other than members of the Commission, its counsel, and the Director of Personnel shall be permitted to participate in the deliberations. If the Personnel Director or any staff was a witness in the proceedings, he shall also be barred from the Commission's final deliberations. J. The Commission shall render its judgment in an open session as soon after the conclusion of the hearing as possible and in no event later than fourteen (14) days. Its decision shall set forth which charges, if any, are sustained and the reasons therefore. K. The Commission may sustain or reject any or all of the charges filed against the employee. It may sustain, reject, or modify the disciplinary action invoked against the employee. It may not provide for discipline more stringent than that invoked by the Board. L. The Commission order of judgment will be filed with the Governing Board and the charged employee and shall set forth its findings and decision. If a dismissal is not sustained, its order shall set forth the effective date the employee is to be reinstated which may be any time on or after the date of disciplinary action.

Hearing Procedure. A. The Personnel Commission may decision of the Grievance Hearing Committee chair shall be final on all matters relating to the conduct hearings of appeals or may appoint a hearing officer to conduct the hearing and report findings and recommendations unless there is a vote of a majority of the other members of the panel to the Commissioncontrary. If The members of the Personnel Commission orders a hearing, said hearing Grievance Hearing Committee shall be held in closed sessionprovided with a copy of the grievance and any written response provided by the respondent before the hearing begins. Each party to the grievance may call witnesses and introduce oral and written testimony relevant to the issues of the matter. Formal rules of evidence shall not apply. Any relevant evidence shall be admitted. Unless the Grievance Hearing Committee determines to proceed otherwise, each party to the grievance shall be permitted to make an opening statement. Thereafter, the grievant or grievants shall make the first presentation, followed by the respondent or respondents. The employee grievant(s) may present rebuttal evidence after the respondent(s)' evidence. The burden shall be given written notice of his on the grievant or her right grievants to prove by substantial evidence that the facts alleged are true and that a grievance has been established as specified above. Each party to the grievance may represent himself/herself, and may also have the complaints or charges heard in an open session rather than closed session pursuant to Government Code section 54957. The notice shall be delivered to the employee personally or by mail at least twenty-four (24) hours before the time for holding the closed session. B. Hearings shall be conducted in the manner most conducive to determination of the truth, and neither the Commission nor its hearing officer shall be bound by technical rules of evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. C. The Personnel Commission or its hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. It shall base its findings on the preponderance of evidence. D. Each side will be permitted an opening statement (Board first) and closing arguments (employee first). The Board shall first present its witnesses and evidence to sustain its charges and the employee will then present his witnesses and evidence in defense. E. Each side will be allowed to examine and cross-examine witnesses. F. Both the Board and the employee will be allowed right to be represented by legal counsel or other designated representation. The employee may, at a person of his/her option, choice; except that a party shall not be represented by an attorney unless, in the judgment of the Grievance Officer, complex legal issues are involved. If a party wishes to be represented by a n attorney, a request must be presented not less than 5 days prior to the date of the hearing. If one party Is permitted to be represented by an attorney, any other party shall have the right to be represented by an attorney. The hearing committee may also request legal assistance through the Grievance Officer. Any legal advisor provided to the hearing committee may sit with it in an advisory capacity to provide legal counsel and/or union representation, or any other person designated by but shall not be a member of the employeepanel nor vote with it. If the employee files an appeal, the employee Hearings shall be required closed and confidential unless all parties request that it be open to attend the Commission Appeal Hearing, even if the employee’s designated representative appears on his/her behalfpublic. If the employee fails to appear, the employee will Any such request must be deemed to have forfeited his/her rights to further appeal and the Personnel Commission shall allow the Board of Trustee’s disciplinary action to stand. G. The Commission may, and shall, if requested by the Board or the employee, subpoena witnesses and/or require the production of records or other material evidence. H. The Commission may, made no less than 5 days prior to or during a hearing, grant a continuance for any reason it believes to be important to its reaching a fair and proper decision. I. Whether the hearing is held in a public or Executive Session, the Commission, after it concludes date of the hearing, may deliberate its decision in Executive SessionI n a closed hearing, witnesses shall not be present at the hearing when not testifying, unless all parties and the committee agree to the contrary. The hearing shall be recorded by the Grievance Officer either by tape recording or stenographic recording, and shall be the only recording made. No persons other than members witness who refuses to be recorded may be permitted to give testimony. I n the event the recording is by tape recording, the Grievance Hearing Committee Chair shall, at the beginning of the Commissionhearing, its counselask each person present to identify themselves by name, and thereafter shall ask witnesses to identify themselves by name. The tape recording shall remain in the custody of the District, either at the college or the District office, at all times, unless released to a professional transcribing service. Any party may request a copy of the tape recording. All testimony shall be taken under oath; the oath shall be administered by the Grievance Hearing Committee Chair. Written statements of witnesses under penalty of perjury shall not be used unless the witness is unavailable to testify. A witness who refuses to be tape recorded shall be considered to be unavailable, Within 10days following the close of the hearing, the Grievance Hearing Committee shall prepare and send to the college President a written decision. The decision shall Include specific factual findings regarding the grievance, and shall include specific conclusions regarding whether a grievance has been established as defined above. The decision shall also include a specific recommendation regarding the relief to be afforded the grievant, if any. The decision shall be based only on the record of the hearing, and not on matter outside of that record. The record consists of the original grievance, any written response, and the Director of Personnel shall be permitted to participate in oral and written evidence produced at the deliberations. If the Personnel Director or any staff was a witness in the proceedings, he shall also be barred from the Commission's final deliberationshearing. J. The Commission shall render its judgment in an open session as soon after the conclusion of the hearing as possible and in no event later than fourteen (14) days. Its decision shall set forth which charges, if any, are sustained and the reasons therefore. K. The Commission may sustain or reject any or all of the charges filed against the employee. It may sustain, reject, or modify the disciplinary action invoked against the employee. It may not provide for discipline more stringent than that invoked by the Board. L. The Commission order of judgment will be filed with the Governing Board and the charged employee and shall set forth its findings and decision. If a dismissal is not sustained, its order shall set forth the effective date the employee is to be reinstated which may be any time on or after the date of disciplinary action.

Hearing Procedure. A. 1. The Personnel Commission may conduct hearings of appeals or may appoint a hearing officer to conduct the hearing hearings and report findings and recommendations to the Commission. If the Personnel Commission orders a hearing, said hearing shall be held in closed session. The employee shall be given written notice of his or her right to have the complaints or charges heard in an open session rather than closed session pursuant to Government Code section 54957. The notice shall be delivered to the employee personally or by mail at least twenty-four (24) hours before the time for holding the closed session. B. 2. Hearings shall be conducted in the manner most conducive to determination of the truth, and neither the Commission nor its hearing officer shall be bound by technical rules of evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. C. 3. The Personnel Commission or its hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. It shall base its findings on the preponderance of evidence. D. 4. Each side will be permitted an opening statement (Board first) and closing arguments (employee unit member first). The Board shall first present its witnesses and evidence to sustain its charges and the employee unit member will then present his his/her witnesses and evidence in defense. E. 5. Each side will be allowed to examine and cross-examine witnesses. F. 6. Both the Board and the employee unit member will be allowed to be represented by legal counsel or other designated representation. The employee may, at his/her option, be represented by legal counsel and/or union representation, or any other person designated by the employee. If the employee files an appeal, the employee shall be required to attend the Commission Appeal Hearing, even if the employee’s designated representative appears on his/her behalf. If the employee fails to appear, the employee will be deemed to have forfeited his/her rights to further appeal and the Personnel Commission shall allow the Board of Trustee’s disciplinary action to stand. G. 7. The Commission may, and shall, shall if requested by the Board or the employeeunit member, subpoena witnesses and/or require the production of records or other material evidence. H. 8. The Commission may, prior to or during a hearing, grant a continuance for any reason it believes to be important to its reaching a fair and proper decision. I. 9. Whether the hearing is held in a public or Executive Sessionclosed session, the Commission, after it concludes the hearing, hearing may deliberate its decision in Executive Sessionclosed session. No persons other than members of the Commission, its counsel, and the Director of Personnel its staff shall be permitted to participate in the deliberations. If the Personnel Director of Human Resources or any staff is not serving full time for the Commission and/or was a witness in the proceedings, he shall also be barred from the Commission's final deliberationsdeliberation. J. 10. The Commission shall render its judgment in an open session as soon after the conclusion of the hearing as possible and in no event later than fourteen (14) 14 days. Its decision shall set forth which charges, if any, are sustained and the reasons thereforetherefor. The Commission's decision shall be set forth in writing and signed by the chairman of the Commission and be sent to all parties of interest. The Commission's decision shall be final. K. 11. The Commission may sustain or reject any or all may, if it finds in favor of the charges filed against unit member, include any of the employee. It following as part of it judgment: a. Order the unit member's reinstatement upon such terms and conditions as it may sustain, reject, or modify determine appropriate. b. Modify the disciplinary action invoked against the employee. It may action, but not provide for discipline to make more stringent than that invoked the action taken by the Board. L. The Commission order c. Order paid all or part of judgment will be filed with the Governing Board and unit member's lost compensation. d. Order expunction from the charged employee and shall set forth its findings and decision. If a dismissal is not sustained, its order shall set forth unit member's personnel file of records pertaining to the effective date the employee is to be reinstated which may be any time on or after the date of disciplinary action.

Hearing Procedure. A. The Personnel Commission may conduct hearings parties shall maintain an arbitrator strike sheet of appeals nine arbitrators from which hearing officers shall be selected by alternatively striking names until only one name remains. The inclusion or may appoint a hearing officer to conduct removal of names from the hearing and report findings and recommendations to list shall be by mutual agreement of the Commission. If the Personnel Commission orders a hearing, said parties. B. The hearing shall be held in closed sessionset by the Employee Relations Manager at an early date. The employee and the Department Head shall be given written not less than (10) working days notice of his or her right to have the complaints or charges heard in an open session rather than closed session pursuant to Government Code section 54957hearing by the Employee Relations Manager. The Employee Relations Manager may postpone or cancel a hearing on reasonable notice shall be delivered to the employee personally or by mail at least twenty-four (24) hours before employee, the time for holding the closed session. B. Hearings shall be conducted in the manner most conducive to determination of the truthDepartment Head, and neither the Commission nor its hearing officer shall be bound by technical rules of evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedingstheir respective representatives. C. The Personnel Commission employee and the Department Head may be represented by counsel or its hearing officer shall determine other representative, provided, however, if the relevancyemployee is in a representation unit wherein an Employee Organization has been awarded exclusive recognition pursuant to the Employee Relations Resolution (Resolution No. 89-350), weightunless represented by counsel, and credibility of testimony and evidence. It shall base its findings on the preponderance of evidenceemployee may be represented only by the exclusive employee organization. D. Each side will It shall be permitted an opening statement (Board first) the duty of any County Officer or employee to attend a hearing and closing arguments (employee first)testify upon the written request of either the employee, the Department Head, or the Hearing Officer, provided reasonable notice is given the department employing the officer or employee. The Board Employee Relations Manager shall first present its witnesses and evidence arrange for the production of any relevant County record. The Hearing Officer is authorized to sustain its charges and the employee will then present his witnesses and evidence in defenseissue subpoenas. E. Each side will All appeal hearings involving a dismissal or demotion of an employee shall be allowed to examine and cross-examine witnessesreported by a stenographic reporter. All other appeals need not be reported but either the employee or the Department Head may, at his own expense, provide a reporter for the hearing. F. Both The expenses of the Board Hearing Officer and hearing shall be shared equally by the parties. Each party shall make arrangements for and pay expenses of witnesses that are called by such party, except that any County employee called as a witness shall be released from work without loss of compensation or other benefits to attend the disciplinary hearing. G. Any employee not represented by the Exclusive Employee Organization shall provide to the Human Resources Department an advance deposit of 50% of the anticipated costs of the hearing prior to the hearing being scheduled. ▇. ▇▇▇▇▇▇ 21 days following the submission of the appeal, the Hearing Officer shall submit written findings of fact, conclusions of law, and the employee will be allowed decision to be represented by legal counsel or other designated representationthe parties together with a copy of the appeal and a summary of the evidence taken at the hearing. The employee may, at decision of the Hearing Officer shall be final subject to the right of either party to seek judicial review under Section 1094.5 of the California Code of Civil Procedure. (1) The Hearing Officer shall confine his/her optiondecision to issues raised by the statement of charges and responses and render a decision based on the written MOU between the parties. The Hearing Officer may sustain, be represented by legal counsel and/or union representationmodify, or any other person designated rescind an appealed disciplinary action imposed by the employee. department head. (2) If the employee files an appealHearing Officer finds that the disciplinary action was appropriate, the action shall be sustained. (3) In the case of suspension/reduction in compensation or demotion, if the action is modified or rescinded, the appellant shall be entitled to restoration of pay and/or fringe benefits in a manner consistent with the Hearing Officer’s decision. (4) In the case of discharges, if the Hearing Officer finds the order of discharge should be modified, the appellant shall be reinstated to a position in the classification held immediately prior to discharge subject to forfeiture of pay and fringe benefits for any period of suspension imposed by the Hearing Officer. (5) If the Hearing Officer finds the order of discharge should be rescinded, the appellant shall be reinstated to a position in the classification held immediately prior to discharge and shall receive pay and fringe benefits for all of the period of time between the discharge and reinstatement. (6) The County shall not be liable for restoring pay and fringe benefits for any period(s) of time the appellant was reduced or removed from duty which results solely from the appellant’s request for written briefs in the arbitration proceedings. This section will not be applicable where both parties mutually agree to submit briefs. (7) Restoration of pay benefits shall be subject to deduction of all unemployment insurance and outside earnings which the appellant received since the date of discharge which would not have been earned had the appellant not been disciplined. Mhere unemployment insurance is deducted from the restoration amount, the employee shall not be required to attend make further restitution. The appellant shall supply such outside employment earning records during the Commission Appeal Hearingperiod of time in question when requested. (8) The employee and the Department Head shall have these rights: (a) To call and examine witnesses¡ (b) To introduce exhibits¡ (c) To cross-examine opposing witnesses on any matter relevant to the issue, even if though the employee’s designated representative appears on his/her behalf. If matter was not covered in the employee fails direct examination¡ (d) To impeach any witness regardless of which party first called the witness to appeartestify¡ and (e) To rebut any derogatory evidence. (9) The hearing shall be a private proceeding among the County, the employee and the employee organization. Attendance of others during the proceeding will be deemed to have forfeited his/her rights to further appeal and at the Personnel Commission shall allow the Board of Trustee’s disciplinary action to stand. G. The Commission may, and shall, if requested by the Board or the employee, subpoena witnesses and/or require the production of records or other material evidence. H. The Commission may, prior to or during a hearing, grant a continuance for any reason it believes to be important to its reaching a fair and proper decision. I. Whether the hearing is held in a public or Executive Session, the Commission, after it concludes the hearing, may deliberate its decision in Executive Session. No persons other than members discretion of the Commission, its counsel, and the Director of Personnel shall be permitted to participate in the deliberations. If the Personnel Director or any staff was a witness in the proceedings, he shall also be barred from the Commission's final deliberationsarbitrator. J. The Commission shall render its judgment in an open session as soon after the conclusion of the hearing as possible and in no event later than fourteen (14) days. Its decision shall set forth which charges, if any, are sustained and the reasons therefore. K. The Commission may sustain or reject any or all of the charges filed against the employee. It may sustain, reject, or modify the disciplinary action invoked against the employee. It may not provide for discipline more stringent than that invoked by the Board. L. The Commission order of judgment will be filed with the Governing Board and the charged employee and shall set forth its findings and decision. If a dismissal is not sustained, its order shall set forth the effective date the employee is to be reinstated which may be any time on or after the date of disciplinary action.

Hearing Procedure. A. The Personnel Commission may conduct hearings parties shall maintain an arbitrator strike sheet of appeals five arbitrators from which hearing officers shall be selected by alternatively striking names until only one name remains. The inclusion or may appoint a hearing officer to conduct removal of names from the hearing and report findings and recommendations to list shall be by mutual agreement of the Commission. If the Personnel Commission orders a hearing, said parties. B. The hearing shall be held in closed sessionset by the Human Resources Director or designee at an early date. The employee and the Department Head shall be given written not less than (10) working days notice of his the hearing by the Human Resources Director or her right to have the complaints or charges heard in an open session rather than closed session pursuant to Government Code section 54957designee. The Human Resources Director or designee may postpone or cancel a hearing on reasonable notice shall be delivered to the employee personally or by mail at least twenty-four (24) hours before employee, the time for holding the closed session. B. Hearings shall be conducted in the manner most conducive to determination of the truthDepartment Head, and neither the Commission nor its hearing officer shall be bound by technical rules of evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedingstheir respective representatives. C. The Personnel Commission employee and the Department Head may be represented by counsel or its hearing officer shall determine other representative, provided, however, if the relevancyemployee is in a representation unit wherein an Employee Organization has been awarded exclusive recognition pursuant to the Employee Relations Resolution (Resolution No. 99-379), weightunless represented by counsel, and credibility of testimony and evidence. It shall base its findings on the preponderance of evidenceemployee may be represented only by the exclusive employee organization. D. Each side will It shall be permitted an opening statement (Board first) the duty of any County Officer or employee to attend a hearing and closing arguments (employee first)testify upon the written request of either the employee, the Department Head, or the Hearing Officer, provided reasonable notice is given the department employing the officer or employee. The Board Human Resources Director or designee shall first present its witnesses and evidence arrange for the production of any relevant County record. The Hearing Officer is authorized to sustain its charges and the employee will then present his witnesses and evidence in defenseissue subpoenas. E. Each side will All appeal hearings involving a dismissal or demotion of an employee shall be allowed to examine and cross-examine witnesses. F. Both the Board and reported by a stenographic reporter. All other appeals need not be reported but either the employee will be allowed to be represented by legal counsel or other designated representation. The employee the Department Head may, at his/her optionown expense, provide a reporter for the hearing. F. The expenses of the Hearing Officer and hearing shall paid for by the County. Each party shall make arrangements for and pay expenses of witnesses that are called by such party, except that any County employee called as a witness shall be represented released from work without loss of compensation or other benefits to attend the disciplinary hearing. G. Within 21 days following the submission of the appeal, the Hearing Officer shall submit written findings of fact, conclusions of law, and the decision to the parties together with a copy of the appeal and a summary of the evidence taken at the hearing. The decision of the Hearing Officer shall be final subject to the right of either party to seek judicial review under Section 1094.5 of the California Code of Civil Procedure. 1. The Hearing Officer shall confine his/her decision to issues raised by legal counsel and/or union representationthe statement of charges and responses and render a decision based on the written MOU between the parties. The Hearing Officer may sustain, modify, or any other person designated rescind an appealed disciplinary action imposed by the employeeDepartment Head. 2. If the employee files an appealHearing Officer finds that the disciplinary action was appropriate, the employee action shall be required to attend sustained. 3. In the Commission Appeal Hearingcase of suspension/reduction in compensation or demotion, even if the employee’s designated representative appears on his/her behalfaction is modified or rescinded, the appellant shall be entitled to restoration of pay and/or fringe benefits in a manner consistent with the Hearing Officer's decision. 4. In the case of discharges, if the Hearing Officer finds the order of discharge should be modified, the appellant shall be reinstated to a position in the classification held immediately prior to discharge subject to forfeiture of pay and fringe benefits for any period of suspension imposed by the Hearing Officer. 5. If the employee fails to appearHearing Officer finds the order of discharge should be rescinded, the employee will appellant shall be deemed reinstated to have forfeited his/her rights to further appeal and a position in the Personnel Commission shall allow the Board of Trustee’s disciplinary action to stand. G. The Commission may, and shall, if requested by the Board or the employee, subpoena witnesses and/or require the production of records or other material evidence. H. The Commission may, classification held immediately prior to or during a hearing, grant a continuance discharge and shall receive pay and fringe benefits for any reason it believes to be important to its reaching a fair and proper decision. I. Whether the hearing is held in a public or Executive Session, the Commission, after it concludes the hearing, may deliberate its decision in Executive Session. No persons other than members of the Commission, its counsel, and the Director of Personnel shall be permitted to participate in the deliberations. If the Personnel Director or any staff was a witness in the proceedings, he shall also be barred from the Commission's final deliberations. J. The Commission shall render its judgment in an open session as soon after the conclusion of the hearing as possible and in no event later than fourteen (14) days. Its decision shall set forth which charges, if any, are sustained and the reasons therefore. K. The Commission may sustain or reject any or all of the charges filed against period of time between the employee. It may sustain, reject, or modify the disciplinary action invoked against the employee. It may not provide for discipline more stringent than that invoked by the Boarddischarge and reinstatement. L. 6. The Commission order County shall not be liable for restoring pay and fringe benefits for any period(s) of judgment time the appellant was reduced or removed from duty which results solely from the appellant's request for written briefs in the arbitration proceedings. This section will not be filed with applicable where both parties mutually agree to submit briefs. 7. Restoration of pay benefits shall be subject to deduction of all unemployment insurance and outside earnings which the Governing Board and the charged employee and shall set forth its findings and decision. If a dismissal is not sustained, its order shall set forth the effective date the employee is to be reinstated which may be any time on or after appellant received since the date of disciplinary action.discharge which would not have been earned had the appellant not been

Hearing Procedure. A. i. The Personnel Commission may conduct hearings of appeals or may appoint a hearing officer to conduct the hearing and report findings and recommendations to the Commission. If the Personnel Commission orders a hearing, said hearing shall be held in closed session. The employee shall be given written notice of his or her right to have the complaints or charges heard in an open session rather than closed session pursuant to Government Code section 54957. The notice shall be delivered to the employee personally or by mail at least twenty-four (24) hours before the time for holding the closed session. B. Hearings shall be conducted in the manner most conducive to determination of the truth, and neither the Commission nor its hearing officer shall be bound by technical rules of evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. C. The Personnel Commission or its hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. It shall base its findings on the preponderance of evidence. D. Each side County Office's representative will be permitted make an opening statement (Board first) including a brief resumé of the charges, evidence to be presented, and closing arguments (employee first)witnesses to be called. The Board shall first County Office representative will present its evidence and witnesses and evidence to sustain its charges and in support of the employee will then present his witnesses and evidence in defenseCounty Office's case for the disciplinary action. E. Each side will be allowed to examine ii. The member and/or designated representative may make an opening statement and cross-examine witnessespresent evidence and witnesses on behalf of the member. F. Both the Board and the employee will be allowed to be represented by legal counsel or other designated representationiii. The employee may, at his/her option, be represented by legal counsel and/or union representation, or any other person designated by the employee. If the employee files an appeal, the employee shall be required to attend the Commission Appeal Hearing, even if the employee’s designated representative appears on his/her behalf. If the employee fails to appear, the employee will be deemed to have forfeited his/her rights to further appeal and the Personnel Commission shall allow the Board of Trustee’s disciplinary action to stand. G. The Commission may, and shall, if requested by the Board or the employee, subpoena witnesses and/or require the production of records or other material evidence. H. The Commission may, prior to or during a hearing, grant a continuance for any reason it believes to be important to its reaching a fair and proper decision. I. Whether the hearing is held in a public or Executive Session, the Commission, after it concludes the hearing, may deliberate its decision in Executive Session. No persons other than members of the Commission, its counsel, and the Director of Personnel shall be permitted to participate in the deliberations. If the Personnel Director or any staff was a witness in the proceedings, he shall also be barred from the Commission's final deliberations. J. The Commission shall render its judgment in an open session as soon after At the conclusion of the presentation of all evidence and witnesses, each side will be given the opportunity to make a closing statement. iv. The hearing officer may ask questions of the County Office representative, affected member and his/her designated representative, and witnesses called to testify. v. Any witness called shall be administered the following oath by the appropriate officer: "Do you solemnly swear or affirm that the evidence you shall give in this matter shall be the truth, the whole truth, and nothing but the truth?" vi. Strict rules of evidence as possible required in court will not be used. Evidence must be related to the issues and be the type of evidence which responsible persons rely upon in no event later than fourteen (14) daysthe conduct of serious affairs. Its decision Hearsay is admissible but cannot be the sole basis for finding on a material issue. Each party may cross-examine witnesses called by the opposing side. vii. The hearing shall set forth which chargesbe recorded in full by a certified shorthand reporter, if anystenographic reporter, are sustained or other appropriate means regardless of whether the hearing is in executive or open session. viii. The services of the person required to record the hearing will be paid from County Office funds. This recording will not be transcribed into writing unless the Superintendent orders or the member requests a written transcript. If the transcript is requested by the member, he/she shall pay the cost of such transcription and for copies requested. The recording shall be transcribed on line- numbered paper for ease of reference. ix. At the conclusion of the hearing, the hearing officer shall prepare and present his written report and finding on the charges to the Superintendent and the reasons thereforeemployee representative and submit a recommendation for the disposition of the case. K. The Commission may sustain or reject any or all x. After review of the charges filed against hearing officer report, the employee. It may sustain, reject, or modify Superintendent will send by mail a written notice of the disciplinary action invoked against decision to the employee. It may not provide for discipline more stringent than that invoked by member with a copy to his/her representative and the Boardimmediate supervisor involved in the case. L. xi. The Commission order action of judgment the Superintendent will be filed with the Governing Board final and the charged employee and shall set forth its findings and decision. If a dismissal is not sustained, its order shall set forth the effective date the employee is to be reinstated which may be any time on or after the date of disciplinary actionbinding.

Hearing Procedure. 1. Hearings requested under the provisions of this procedure shall be conducted by a neutral Hearing Officer. The following individuals shall serve as Hearing Officers: A. ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ The Personnel Commission may conduct hearings above named Hearing Officers shall be used on a rotational basis. The Hearing Officer shall make his/her best efforts to provide a date for the hearing to be conducted within thirty (30) calendar days of appeals or may appoint the request. In the event the Hearing Officer next on the rotation cannot provide a hearing officer date to conduct the hearing as set forth herein, the next Hearing Officer shall be canvassed for a hearing date as set forth herein. In the event none of the Hearing Officers are available within the thirty (30) calendar days, the Hearing Officer who has the first available date shall be assigned the matter. The scope of review of the Hearing Officer shall be confined to whether the Claims Manager had a reasonable basis for his/her determination with such standard being equivalent to that which would be applied under Article 78 of the Civil Practice Law and report findings Rules. That is, the Hearing Officer must sustain the determination unless it was made in violation of lawful procedure, or was affected by an error of law, or was arbitrary and recommendations capricious, or an abuse of discretion. 2. The Claimant or Recipient may be represented by a representative of his/her choice and may subpoena witnesses. Each party shall be responsible for all fees and expenses incurred in their representation. A transcript shall be made, the cost of which shall be shared equally between the Union, or in the event the Claimant or Recipient is represented by a representative other than the Union, the Claimant or Recipient, and County. The fees and expenses of the Hearing Officer shall be borne equally by the parties as set forth herein. The Hearing Officer shall render and submit to the Commission. If the Personnel Commission orders Sheriff and Claims Manager, with a hearing, said hearing shall be held in closed session. The employee shall be given written notice of his or her right to have the complaints or charges heard in an open session rather than closed session pursuant to Government Code section 54957. The notice shall be delivered copy to the employee personally or by mail at least twenty-four Claimant’s/Recipient’s representative, his/her final written Decision, including findings of fact and conclusions of law, within thirty (2430) hours before calendar days after close of the time for holding the closed session. B. Hearings shall be conducted in the manner most conducive to hearing. Any such determination of the truth, and neither the Commission nor its hearing officer Hearing Officer shall be bound reviewable by technical rules either party pursuant to the provisions of evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. C. The Personnel Commission or its hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. It shall base its findings on the preponderance of evidence. D. Each side will be permitted an opening statement (Board first) and closing arguments (employee first). The Board shall first present its witnesses and evidence to sustain its charges and the employee will then present his witnesses and evidence in defense. E. Each side will be allowed to examine and cross-examine witnesses. F. Both the Board and the employee will be allowed to be represented by legal counsel or other designated representation. The employee may, at his/her option, be represented by legal counsel and/or union representation, or any other person designated by the employee. If the employee files an appeal, the employee shall be required to attend the Commission Appeal Hearing, even if the employee’s designated representative appears on his/her behalf. If the employee fails to appear, the employee will be deemed to have forfeited his/her rights to further appeal and the Personnel Commission shall allow the Board of Trustee’s disciplinary action to stand. G. The Commission may, and shall, if requested by the Board or the employee, subpoena witnesses and/or require the production of records or other material evidence. H. The Commission may, prior to or during a hearing, grant a continuance for any reason it believes to be important to its reaching a fair and proper decision. I. Whether the hearing is held in a public or Executive Session, the Commission, after it concludes the hearing, may deliberate its decision in Executive Session. No persons other than members Article 78 of the Commission, its counsel, Civil Practice Law and the Director of Personnel shall be permitted to participate in the deliberations. If the Personnel Director or any staff was a witness in the proceedings, he shall also be barred from the Commission's final deliberationsRules. J. The Commission shall render its judgment in an open session as soon after the conclusion of the hearing as possible and in no event later than fourteen (14) days. Its decision shall set forth which charges, if any, are sustained and the reasons therefore. K. The Commission may sustain or reject any or all of the charges filed against the employee. It may sustain, reject, or modify the disciplinary action invoked against the employee. It may not provide for discipline more stringent than that invoked by the Board. L. The Commission order of judgment will be filed with the Governing Board and the charged employee and shall set forth its findings and decision. If a dismissal is not sustained, its order shall set forth the effective date the employee is to be reinstated which may be any time on or after the date of disciplinary action.

Hearing Procedure. A. The Personnel Commission may decision of the Grievance Hearing Com mittee chair shall be final on all matters relating to the conduct hearings of appeals or may appoint the hea ring unless there is a hearing officer vote of a majority of the other members of the panel to conduct the contrary. The mem bers of the Grievance Hearing Com mittee shall be provided with a copyof the grievance a nd a ny written response provided by the respondent before the hearing and report findings and recommendations begins. Each pa rty to the Commissiongrieva nce may call witnesses and introd uce oral and written testimony relevant to the issues of the matter. If the Personnel Commission orders a hearing, said hearing Formal rul es of evidence shall not appl y. Any relevant evidence shall be held in closed sessionadmitted. Unless the Grievance Hearing Com mittee determines to proceed otherwise, each party to the grievance shall be permitted to make an opening statement. Thereafter, the grievant or grievants shall make the fi rst presentation, followed by the respondent or respondents. The employee shall grieva nt(s) may present rebuttal evidenceafter the respondent(s)' evidence. The bu rden shal l be given written notice of his on the grievant or her right grievants to prove by substantial evidence that the facts alleged are true and that a grievance has been established as specified a ▇▇▇▇. Each party to the grievance may represent himself/herself, and may also have the complaints or charges heard in an open session rather than closed session pursuant to Government Code section 54957. The notice shall be delivered to the employee personally or by mail at least twenty-four (24) hours before the time for holding the closed session. B. Hearings shall be conducted in the manner most conducive to determination of the truth, and neither the Commission nor its hearing officer shall be bound by technical rules of evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. C. The Personnel Commission or its hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. It shall base its findings on the preponderance of evidence. D. Each side will be permitted an opening statement (Board first) and closing arguments (employee first). The Board shall first present its witnesses and evidence to sustain its charges and the employee will then present his witnesses and evidence in defense. E. Each side will be allowed to examine and cross-examine witnesses. F. Both the Board and the employee will be allowed right to be represented by legal counsel or other designated representation. The employee may, at a person of his/her option, choice; except that a party sha ll not be represented by an attorney unless, in the judgment of the Grievance Officer, com plex legal issues are involved. If a party wishes to be represented by a n attorney, a request must be presented not less tha n 5 days prior to the date of the hearing. If one party Is permitted to be represented by an attorney, any other party sha ll have the right to be represented by an attorney. The hearing committee may also req uest legal assista nce th rough the Grievance Officer. Any legal advisor provided to the hearing com mittee may sit with it In an advisory capacity to provide legal counsel and/or union representation, or any other person designated by but shall not be a member of the employeepa nel nor vote with it. If the employee files an appeal, the employee Hea ri ngs shall be required closed and confidential unless all parties request that it be open to attend the Commission Appeal Hearing, even if the employee’s designated representative appears on his/her behalfpublic. If the employee fails to appear, the employee will Any such req uest must be deemed to have forfeited his/her rights to further appeal and the Personnel Commission shall allow the Board of Trustee’s disciplinary action to stand. G. The Commission may, and shall, if requested by the Board or the employee, subpoena witnesses and/or require the production of records or other material evidence. H. The Commission may, made no l ess tha n 5 days prior to or during a hearing, grant a continuance for any reason it believes to be important to its reaching a fair and proper decision. I. Whether the hearing is held in a public or Executive Session, the Commission, after it concludes date of the hearing, may deliberate its decision in Executive SessionI n a closed hearing, witnesses sha ll not be present atthe hearing when not testifying, u nless all parties a nd the committee agree to the contrary. The hea ring sha ll be recorded by the Grieva nce Officer either by tape recordi ng or stenogra phic recording, and shall be the only recording made. No persons other than members witness who refuses to be recorded may be permitted to give testimony. I n the event the recording is by tape recording, the Grieva nce Hea ri ng Committee Chair sha ll, at the beginning of the Commissionhearing, its counselask each person present to identify themsel ves by na me, and thereafter shall ask witnesses to identify themselves by name. The tape recording sha ll remain in the custody of the District, either at the college or the District office, at all ti mes, unless released to a professional tra nscri bing service. Any party may request a copy of the tape recording. All testimony shall be taken under oath; the oath shall be administered by the Grievance Hearing Committee Chair. Written statements of witnesses under penalty of perjury shall not be used unless the witness is unavailable to testify. A witness who refuses to be tape recorded shall be considered to be unavailable, Within 10days following the close of the hearing, the Grievance Heari ng Committee sha l l prepare and send to the college President a written decision. The decision shall Include specific factual findings regard ing the grieva nce, and shall include specific concl usions regarding whether a grievance has been established as defined above. The decision shall also include a specific recom mendation regarding the relief to be afforded the grlevant, if any. The decision sha ll be based only on the record of the hearing, and not on matter outside of that record. The record consists of the original grieva nce, any written response, and the Director of Personnel shall be permitted to participate in ora l and written evidence produced at the deliberations. If the Personnel Director or any staff was a witness in the proceedings, he shall also be barred from the Commission's final deliberationshearing. J. The Commission shall render its judgment in an open session as soon after the conclusion of the hearing as possible and in no event later than fourteen (14) days. Its decision shall set forth which charges, if any, are sustained and the reasons therefore. K. The Commission may sustain or reject any or all of the charges filed against the employee. It may sustain, reject, or modify the disciplinary action invoked against the employee. It may not provide for discipline more stringent than that invoked by the Board. L. The Commission order of judgment will be filed with the Governing Board and the charged employee and shall set forth its findings and decision. If a dismissal is not sustained, its order shall set forth the effective date the employee is to be reinstated which may be any time on or after the date of disciplinary action.

Hearing Procedure. A. The Personnel Commission may conduct hearings of appeals or may appoint a hearing officer to conduct the hearing and report findings and recommendations to the Commission. If the Personnel Commission orders a hearing, said hearing shall be held in closed session. The employee shall be given written notice of his or her right to have the complaints or charges heard in an open session rather than closed session pursuant to Government Code section 54957. The notice shall be delivered to the employee personally or by mail at least twenty-four (241) hours before the time for holding the closed session. B. Hearings shall be conducted in the manner most conducive to determination of the truth, and neither the Commission Board nor its the hearing officer shall be bound by technical rules of evidence. Decisions made by the Commission Board shall not be invalidated by any informality in the proceedings. C. (2) The Personnel Commission Board or its the hearing officer when applicable shall determine the relevancy, weight, and credibility of testimony and evidence. It shall base its findings on the preponderance of evidence. D. (3) Each side will be permitted an opening statement (Board first) and closing arguments (employee first). The Board shall first present its witnesses and evidence to sustain its charges and the employee will then present his witnesses and evidence in defense. E. (4) Each side will be allowed to examine and cross-examine witnesses. F. (5) Both the Board and the employee will be allowed to be represented by legal counsel or other designated representation. The employee may, at his/her option, be represented by legal counsel and/or union representation, or any other person designated by the employee. If the employee files an appeal, the employee shall be required to attend the Commission Appeal Hearing, even if the employee’s designated representative appears on his/her behalf. If the employee fails to appear, the employee will be deemed to have forfeited his/her rights to further appeal and the Personnel Commission shall allow the Board of Trustee’s disciplinary action to stand. G. (6) The Commission Board or the hearing officer may, and shall, shall if requested by the Board or the employee, subpoena witnesses and/or require the production of records or other material evidence. H. (7) The Commission Board or the hearing officer may, prior to or during a hearing, grant ▇▇▇▇▇ a continuance for any reason it believes to be important to its reaching a fair and proper decision. I. (8) Whether the hearing is held in a public or Executive Sessionexecutive session, the CommissionBoard, after it concludes the hearing, may deliberate its decision in Executive Sessionexecutive session. No persons other than members of the CommissionBoard, its counsel, and the Director of Personnel its staff shall be permitted to participate in the deliberations. If the Assistant Superintendent of Personnel Director Services or any staff was member is a witness in the proceedings, he shall also be barred from the Commission's Board’s final deliberations. J. (9) The Commission Board or hearing officer, when applicable shall render its judgment in an open session as soon after the conclusion of the hearing hearings as possible and in no event later than fourteen (14) 24 days. Its decision shall set forth which charges, if any, are sustained and the reasons therefore. K. (10) The Commission Board or hearing officer, when applicable may sustain or reject any or all of the charges filed against the employee. It may sustain, reject, or modify the disciplinary action invoked against the employee. It may not provide for discipline more stringent than that invoked by the Boardinvoked. L. (11) The Commission order of judgment will be filed by the hearing officer with the Governing Board charged employee, and the charged employee and shall will set forth its findings and decision. If a dismissal is not sustained, its order shall set forth the effective date the employee is to be reinstated reinstated, which may be any time on or after the date of the disciplinary action. (12) The fees and expenses of the hearing officer shall be borne equally by the district and Association. All other expenses shall be borne by the party incurring them.

Hearing Procedure. A. The Personnel Commission may conduct hearings of appeals on appeal or may appoint a hearing officer to conduct the hearing and report findings and recommendations to the Commission. If In the event the Personnel Commission orders conducts the hearing itself, the Personnel Director shall have the authority to take any and all actions necessary to ensure a timely and orderly hearing process, including but not limited to, requiring submission of the parties’ witness lists, exhibit lists, requests for subpoenas before the hearing on a date selected by the Director, and attendance at pre-hearing conferences if s/he deems one more necessary. In the event the Personnel Commission appoints a hearing officer to conduct the hearing, said the hearing officer shall be held in closed sessionhave this authority. The employee shall be given written notice of his or her right Failure to have the complaints or charges heard in an open session rather than closed session pursuant to Government Code section 54957. The notice shall be delivered adhere to the employee personally deadlines established by the Director or by mail at least twenty-four (24) hours before the time for holding hearing officer may have a limiting effect on the closed sessionparties’ submission of testimony and evidence. B. Hearings shall be conducted in the manner most conducive to determination of the truth, and neither the Commission nor its hearing officer shall be bound by technical rules of evidence. Decisions made by the Commission or its designated hearing officer shall not be invalidated by any informality in the proceedings. C. The Personnel Commission or its hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. It shall base its findings on the preponderance of evidence. D. Each side will be permitted an opening statement (Board first) and closing arguments (employee first). The Board shall first present its witnesses and evidence to sustain its charges and the employee will then present his his/her witnesses and evidence in defense. E. Each side will be allowed to examine and cross-examine witnesses. F. Both The Personnel Commission, the Board Board, and the employee will be allowed to may be represented by legal counsel or other designated representation. The employee may, at his/her option, be represented by legal counsel and/or union representation, or any other person designated by the employee. If the employee files an appeal, the employee shall be required to attend the Commission Appeal Hearing, even if the employee’s designated representative appears on his/her behalf. If the employee fails to appear, the employee will be deemed to have forfeited his/her rights to further appeal and the Personnel Commission shall allow the Board of Trustee’s disciplinary action to standrepresentatives. G. The Commission Personnel Commission, its Director, or its hearing officer may, and shall, if requested by the Board or the employee, subpoena witnesses and/or require the production of records or other material evidence. H. ▇. The Commission Commission, its Director, or the hearing officer may, prior to or during a hearing, grant a continuance for any reason it believes to be important to its reaching a fair and proper decision. I. Whether the hearing is held in a public or Executive Sessionclosed session, the Commission, Commission after it concludes the hearing, may deliberate its decision in Executive Sessionclosed session. No persons other than members of the Commission, its counsel, and the Director of Personnel its staff shall be permitted to participate in the deliberations. If the Personnel Director or any staff member is not serving full time for the Commission and/or was a witness in the proceedings, he he/she shall also be barred from the Commission’s final deliberations. If its counsel also served as counsel for the Board, he/she shall be barred from the Commission's final deliberationsdeliberation. J. The Commission shall render its judgment in an open session as soon after the conclusion of the hearing as possible and in no event later than fourteen (14) dayspossible. Its decision shall set forth which charges, if any, are sustained and the reasons thereforetherefor. The decision shall be in writing and shall contain findings of fact, a determination of the issues presented and the penalty, if any. The findings may be stated in the language of the pleadings or by references thereto. Copies of the decision shall be delivered to the parties personally or sent to them by registered mail. If the matter is heard by an appointed hearing officer, the hearing officer shall present the Commission with a proposed decision as soon as possible, but in no event later than 10 working days after the record is closed. The Director, at his/her discretion, may extend this timeline. The hearing officer’s decision shall set forth which charges, if any, are sustained and the reasons therefor. The decision shall be in writing and shall contain findings of fact, a determination of the issues presented and the penalty, if any. The findings may be stated in the language of the pleadings or by references thereto. Copies of the decision shall be delivered to the Director on behalf of the Commission. As soon as possible thereafter, the Commission shall meet to consider the proposed decision. K. The Commission may sustain or reject any or all of the charges filed against the employee. It may sustain, reject, reject or modify the disciplinary action invoked against the employee. It may not provide for discipline more stringent than that invoked by the Board. If the Commission desires to reject a proposed decision of a hearing officer, it shall be required to review the entire record, including a transcript or recording of the hearing, before rendering a decision consistent with 6.70.4.▇. L. ▇. The Commission Commission’s order of judgment will be filed with the Governing Board and the charged employee employee, and shall will set forth its findings and decisiondecisions. If a dismissal disciplinary action is not sustained, its order shall set forth the effective date of the action ordered by the Commission. M. If the Commission sustains the employee, it may order paid all or part of his/her full compensation from the time of suspension, demotion, or dismissal, and it shall order his/her reinstatement upon such terms and conditions as it may determine appropriate. N. The Commission may direct such other action as it may find necessary to effect a settlement of the appeal, including but not limited to, compensation for all or part of the legitimate expenses incurred in pursuit of the appeal, seniority credit for off-duty time pending reinstatement, transfer or change of location of the employee, and expunction from the employee's personnel record of disciplinary actions, cause and charges which were not sustained by the Commission. Upon receipt of the Commission's written decision, the Board shall forthwith comply with the provisions thereof. When the Board has fully complied with the Commission's decision, it shall so notify the Commission in writing. O. The parties may have the hearing reported by a certified court reporter, and the Director shall cooperate with the employee is to be reinstated which may be any time on or after his/her representative in making space available in the date of disciplinary actionhearing room for the court reporter. The employee or his/her representative shall make all arrangements for the court reporter and shall pay all costs involved in having the proceedings recorded and a transcript prepared.

Hearing Procedure. A. 8.1 The Personnel Commission may conduct hearings Head of appeals or may appoint a hearing officer to conduct Department for the accused should not chair the hearing for his surbodinates when handling offences classified as severe and report findings and recommendations to the Commission. If the Personnel Commission orders a hearing, said hearing shall be held in closed session. extreme. 8.2 The employee shall be given at least 72 hours written notice of his or her right to have the complaints or charges heard in an open session rather than closed session pursuant to Government Code section 54957. The notice shall be delivered prior to the employee personally or by mail at least twenty-four (24) hours before the time for holding the closed session. B. Hearings shall be conducted in the manner most conducive to determination commencement of the truth, and neither hearing 8.3 At the Commission nor its hearing officer shall be bound by technical rules of evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. C. The Personnel Commission or its hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. It shall base its findings on the preponderance of evidence. D. Each side will be permitted an opening statement (Board first) and closing arguments (employee first). The Board shall first present its witnesses and evidence to sustain its charges and the employee will then present his witnesses and evidence in defense. E. Each side will be allowed to examine and cross-examine witnesses. F. Both the Board and the employee will be allowed to be represented by legal counsel or other designated representation. The employee may, at his/her option, be represented by legal counsel and/or union representation, or any other person designated by the employee. If the employee files an appealhearing, the employee shall be required entitled to attend along with a Workers Committee member, fellow employee or industry trade union representative of his choice. 8.4 The Chairman of the Commission Appeal HearingDisciplinary Committee /Disciplinary Officer should inform the accused of the charge against him and ensure that he fully understands the charge. 8.5 The accused is then asked to answer to the charge and is permitted to make any pertinent comment he may so wish, even if irrespective of the employee’s designated representative appears on his/her behalf. If fact that he has already made a written statement. 8.6 Both the employee fails to appear, the employee will be deemed to have forfeited his/her rights to further appeal employer and the Personnel Commission shall allow the Board of Trustee’s disciplinary action accused have a right to standcall witnesses and have them cross examined. G. The Commission may, and shall, if requested by 8.7 If during the Board or the employee, subpoena witnesses and/or require the production of records or other material evidence. H. The Commission may, prior to or during a hearing, grant a continuance for any reason it believes to be important to its reaching a fair and proper decision. I. Whether the hearing is held in a public or Executive Session, the Commission, after it concludes the hearing, may deliberate its decision in Executive Session. No persons other than members of the Commission, its counsel, and the Director of Personnel shall be permitted to participate in the deliberations. If the Personnel Director or any staff was a witness in the proceedings, he shall also be barred from the Commission's final deliberations. J. The Commission shall render its judgment in an open session as soon after the conclusion course of the hearing as possible and in no event later than fourteen the Disciplinary Committee/Officer or accused finds it necessary to obtain further information, the case should be adjourned to allow further investigations to be taken. 8.8 Where an employee is found guilty, the Disciplinary Committee/Officer will take notice of— (14a) days. Its decision shall set forth which charges, if any, are sustained the offender’s record of service; (b) any mitigating circumstances; and (c) job performance during the last two years; unexpired warnings will be taken into account when deciding the outcome. 8.9 The offender will be informed whether he has been found guilty or not and the reasons thereforepenalty awarded once the Disciplinary Committee/Officer has arrived at a decision by using a form referred to Annex 4. K. 8.10 The Commission may sustain or reject any or all Human Resources Manager/Officer will advise the employee of the charges filed against dismissal in writing. 8.11 The Human Resources Manager/ Officer will advise the employee that if such employee wishes to lodge an appeal, he must lodge an appeal using the appeals structure in the code within 7 working days from date of receipt of the judgment appealed against. Out of time appeals will not be considered unless the employee aggrieved party can advance reasonable grounds for the delay. The General Manager/Managing Director will decide on whether the reasons for the delay were reasonable or not. 8.12 All decisions made by officials in the appeals structure shall be communicated to the employee. It may sustain, reject, or modify the disciplinary action invoked against the employee. It may not provide for discipline more stringent than that invoked by the Board/employer in writing. L. The Commission order of judgment will be filed with the Governing Board and the charged employee and shall set forth its findings and decision. If a dismissal is not sustained, its order shall set forth the effective date the employee is to be reinstated which may be any time on or after the date of disciplinary action.

Hearing Procedure. A. The Personnel Commission may decision of the Grievance Hearing Committee chair shall be final on all matters relating to the conduct hearings of appeals or may appoint a hearing officer to conduct the hearing and report findings and recommendations unless there is a vote of a majority of the other members of the panel to the Commissioncontrary. If The members of the Personnel Commission orders a hearing, said hearing Grievance Hearing Committee shall be held in closed sessionprovided with a copy of the grievance and any written response provided by the respondent before the hearing begins. Each party to the grievance may call witnesses and introduce oral and written testimony relevant to the issues of the matter. Formal rules of evidence shall not apply. Any relevant evidence shall be admitted. Unless the Grievance Hearing Committee determines to proceed otherwise, each party to the grievance shall be permitted to make an opening statement. Thereafter, the grievant or grievants shall make the first presentation, followed by the respondent or respondents. The employee grievant(s) may present rebuttal evidence after the respondent(s)' evidence. The burden shall be given written notice of his on the grievant or her right grievants to prove by substantial evidence that the facts alleged are true and that a grievance has been established as specified above. Each party to the grievance may represent himself/herself, and may also have the complaints or charges heard in an open session rather than closed session pursuant to Government Code section 54957. The notice shall be delivered to the employee personally or by mail at least twenty-four (24) hours before the time for holding the closed session. B. Hearings shall be conducted in the manner most conducive to determination of the truth, and neither the Commission nor its hearing officer shall be bound by technical rules of evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. C. The Personnel Commission or its hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. It shall base its findings on the preponderance of evidence. D. Each side will be permitted an opening statement (Board first) and closing arguments (employee first). The Board shall first present its witnesses and evidence to sustain its charges and the employee will then present his witnesses and evidence in defense. E. Each side will be allowed to examine and cross-examine witnesses. F. Both the Board and the employee will be allowed right to be represented by legal counsel or other designated representation. The employee may, at a person of his/her option, choice; except that a party shall not be represented by an attorney unless, in the judgment of the Grievance Officer, complex legal issues are involved. If a party wishes to be represented by an attorney, a request must be presented not less than 5 days prior to the date of the hearing. If one party Is permitted to be represented by an attorney, any other party shall have the right to be represented by an attorney. The hearing committee may also request legal assistance through the Grievance Officer. Any legal advisor provided to the hearing committee may sit with it in an advisory capacity to provide legal counsel and/or union representationbut shall not be a member of the panel nor vote with it. Hearings shall be closed and confidential unless all parties request that it be open to the public. Any such request must be made no less than 5 days prior to the date of the hearing. ▇▇▇ closed hearing, or any other person designated witnesses shall not be present at the hearing when not testifying, unless all parties and the committee agree to the contrary. The hearing shall be recorded by the employeeGrievance Officer either by tape recording or stenographic recording, and shall be the only recording made. If No witness who refuses to be recorded may be permitted to give testimony. In the employee files an appealevent the recording is by tape recording, the employee shall be required to attend the Commission Appeal Hearing, even if the employee’s designated representative appears on his/her behalf. If the employee fails to appear, the employee will be deemed to have forfeited his/her rights to further appeal and the Personnel Commission shall allow the Board of Trustee’s disciplinary action to stand. G. The Commission may, and Grievance Hearing Committee Chair shall, if requested by at the Board or the employee, subpoena witnesses and/or require the production beginning of records or other material evidence. H. The Commission may, prior to or during a hearing, grant a continuance for any reason it believes to be important to its reaching a fair and proper decision. I. Whether the hearing is held in a public or Executive Session, the Commission, after it concludes the hearing, may deliberate its decision ask each person present to identify themselves by name, and thereafter shall ask witnesses to identify themselves by name.The tape recordingshall remain in Executive Session. No persons other than members the custody of the CommissionDistrict, its counseleither at the college or the District office, at all times, unless released to a professional transcribing service. Any party may request a copy of the tape recording. All testimony shall be taken under oath; the oath shall be administered by the Grievance Hearing Committee Chair. Written statements of witnesses under penalty of perjury shall not be used unless the witness is unavailable to testify. A witness who refuses to be tape recorded shall be considered to be unavailable. Within l O days following the close of the hearing, the Grievance Hearing Committee shall prepare and send to the college President a written decision. The decision shall include specific factual findings regarding the grievance, and shall include specific conclusions regarding whether a grievance has been established as defined above. The decision shall also include a specific recommendation regarding the relief to be afforded the grlevant, if any. The decision shall be based only on the record of the hearing, and not on matter outside of that record. The record consists of the original grievance, any written response, and the Director of Personnel shall be permitted to participate in oral and written evidence produced at the deliberations. If the Personnel Director or any staff was a witness in the proceedings, he shall also be barred from the Commission's final deliberationshearing. J. The Commission shall render its judgment in an open session as soon after the conclusion of the hearing as possible and in no event later than fourteen (14) days. Its decision shall set forth which charges, if any, are sustained and the reasons therefore. K. The Commission may sustain or reject any or all of the charges filed against the employee. It may sustain, reject, or modify the disciplinary action invoked against the employee. It may not provide for discipline more stringent than that invoked by the Board. L. The Commission order of judgment will be filed with the Governing Board and the charged employee and shall set forth its findings and decision. If a dismissal is not sustained, its order shall set forth the effective date the employee is to be reinstated which may be any time on or after the date of disciplinary action.

Hearing Procedure. A. The Personnel Commission may conduct hearings of appeals or may appoint 1. Hearings requested under the provisions o f this procedure shall be conducted by a hearing officer to conduct the hearing and report findings and recommendations neutral Arbitrator related to the Commissionissues to be determined. If The parties shall attempt to agree on a mutually acceptable Arbitrator. In the Personnel Commission orders a hearingevent the parties cannot agree, said hearing the Arbitrator shall be held selected in closed sessionaccordance with Article 19 - Grievances and Arbitration o f this Agreement The Claimant may be represented by a designated representative and may subpoena witnesses. Each party shall be responsible for all fees and expenses incurred in their representation except, effective July 27,2015, i f the employee or employee’s representative requests an adjournment or cancellation o f a previously m utually agreed upon hearing date, or if the employee or employee's representative fails, or is otherwise unable, to present his/her case on the designated hearing date, in which event the cost o f the arbitrator will be fully borne by the employee i f a cancellation fee is incurred as a result o f the adjournment or cancellation and, in addition, an employee already on 207-c will have the employee’s accruals (in the following order: vacation, personal leave, compensatory time, other accrued time) docked for all further absences until the next evidentiary hearing takes place. The employee will be recredited for those accruals if the employee prevails when the arbitrator's decision is issued. Either party or the Arbitrator may cause a transcript to be made. The Claimant and the Village agree to share equally the costs o f the transcript. After the hearing, the Arbitrator shall render a determination, which shall be given written notice final and binding upon all parties. Any such decision of his or her right to have the complaints or charges heard in an open session rather than closed session Arbitrator shall be reviewable only pursuant to Government Code section 54957the provisions o f A rticle 78 o f the Civil Practice taw and Rules. The notice fees and expenses o f the Arbitrator shall be delivered to borne equally by the employee personally or by mail at least twenty-four (24) hours before the time for holding the closed sessionparries. B. Hearings shall be conducted in 2. In the manner most conducive to determination of event there is a medical dispute between the truth, and neither the Commission nor its hearing officer shall be bound by technical rules of evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. C. The Personnel Commission or its hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. It shall base its findings on the preponderance of evidence. D. Each side will be permitted an opening statement (Board first) and closing arguments (employee first). The Board shall first present its witnesses and evidence to sustain its charges employee’s doctor and the Village’s doctor as to whether rite employee will then present his witnesses is or was disabled and evidence in defense. E. Each side will be allowed unable to examine and cross-examine witnesses. F. Both the Board and the employee will be allowed to be represented by legal counsel or other designated representation. The employee may, at perform his/her optionregular duties, the parries agree that the matter shall proceed to arbitration as set forth above. The fees and expenses of the arbitrator shall be represented by legal counsel and/or union representation, or any other person designated paid equally by the employee. If the employee files an appeal, the employee shall be required to attend the Commission Appeal Hearing, even if the employee’s designated representative appears on his/her behalf. If the employee fails to appear, the employee will be deemed to have forfeited his/her rights to further appeal and the Personnel Commission shall allow the Board of Trustee’s disciplinary action to standparties. G. The Commission may, and shall, if requested by the Board or the employee, subpoena witnesses and/or require the production of records or other material evidence. H. The Commission may, prior to or during a hearing, grant a continuance for any reason it believes to be important to its reaching a fair and proper decision. I. Whether the hearing is held in a public or Executive Session, the Commission, after it concludes the hearing, may deliberate its decision in Executive Session. No persons other than members of the Commission, its counsel, and the Director of Personnel shall be permitted to participate in the deliberations. If the Personnel Director or any staff was a witness in the proceedings, he shall also be barred from the Commission's final deliberations. J. The Commission shall render its judgment in an open session as soon after the conclusion of the hearing as possible and in no event later than fourteen (14) days. Its decision shall set forth which charges, if any, are sustained and the reasons therefore. K. The Commission may sustain or reject any or all of the charges filed against the employee. It may sustain, reject, or modify the disciplinary action invoked against the employee. It may not provide for discipline more stringent than that invoked by the Board. L. The Commission order of judgment will be filed with the Governing Board and the charged employee and shall set forth its findings and decision. If a dismissal is not sustained, its order shall set forth the effective date the employee is to be reinstated which may be any time on or after the date of disciplinary action.

Hearing Procedure. A. a. The Personnel Commission may City Manager shall appoint a Hearing Officer to conduct hearings on appealable disciplinary actions imposed pursuant to this Article. In case of appeals termination, however, the Association may request a Hearing Officer be selected from a list provided by the State Mediation and Conciliation Service (SMCS). The parties shall request the SMCS to supply a panel of seven (7) names of persons experienced in hearing disciplinary cases for cities. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be the Hearing Officer. The order of striking shall be determined by mutual agreement or may appoint flipping a hearing officer to conduct coin. The Hearing Officer will not be an employee of the hearing and report findings and recommendations to the CommissionCity of Irvine. If the Personnel Commission orders Association requests a hearingHearing Officer from the SMCS, said hearing the costs of the Hearing Officer's services shall be held in closed session. The employee shall be given written notice of his or her right to have equally divided by the complaints or charges heard in an open session rather than closed session pursuant to Government Code section 54957. The notice shall be delivered to Association and the employee personally or by mail at least twenty-four (24) hours before the time for holding the closed sessionCity. B. b. Hearings shall be conducted in the manner most conducive to determination of the truth, and neither the Commission nor its hearing officer Hearing Officer shall not be bound by technical rules of evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. C. c. The Personnel Commission or its hearing officer Hearing Officer shall determine the relevancy, weight, and credibility of testimony and evidence. It The Hearing Officer shall base its his/her findings on the preponderance of evidence. D. d. Each side will be permitted an opening statement (Board first) and closing arguments (employee first)argument. The Board City shall first present its witnesses and evidence to sustain its charges the charges, and the employee will then present his his/her witnesses and evidence in defense. E. e. Each side will be allowed to examine and cross-examine witnesses. F. f. Both the Board City and the employee will be allowed to or their respective designees may be represented by legal counsel or other designated representation. The employee may, at his/her option, be represented by legal counsel and/or union representation, or any other person designated by the employee. If the employee files an appeal, the employee shall be required to attend the Commission Appeal Hearing, even if the employee’s designated representative appears on his/her behalf. If the employee fails to appear, the employee will be deemed to have forfeited his/her rights to further appeal and the Personnel Commission shall allow the Board of Trustee’s disciplinary action to standcounsel. G. g. The Commission may, and Hearing Officer shall, if requested by the Board or the employeeeither party, subpoena witnesses and/or require the production of other records or other material evidence. H. h. The Commission Hearing Officer may, prior to or during a hearing, grant ▇▇▇▇▇ a continuance for any reason it he/she believes to be important to its his/her reaching a fair and proper decision. I. Whether i. The Hearing Officer shall prepare a recommended decision and forward it to the hearing is held in a public or Executive Session, the Commission, after it concludes the hearing, may deliberate its decision in Executive Session. No persons other City Manager no later than members of the Commission, its counsel, and the Director of Personnel shall be permitted to participate in the deliberations. If the Personnel Director or any staff was a witness in the proceedings, he shall also be barred from the Commission's final deliberations. J. The Commission shall render its judgment in an open session as soon thirty (30) calendar days after the conclusion matter of appeal was taken under submission by the hearing as possible and in no event later than fourteen (14) daysHearing Officer. Its The recommended decision shall set forth which charges, if any, the Hearing Officer finds are sustained or not sustained and the reasons reasons, therefore. K. The Commission j. After receiving the recommendation of the Hearing Officer, the City Manager may sustain or reject any or all of the charges filed against the employee. It He/she may sustain, reject, or modify the disciplinary action invoked against the employee. It may not provide for discipline more stringent than that invoked by the Board. L. k. The Commission order employee or his/her representative may obtain a copy of judgment will be filed with the Governing Board transcript of the hearing upon request and the charged employee and shall set forth its findings and decision. If a dismissal is not sustained, its order shall set forth the effective date the employee is agreement to be reinstated which may be any time on or after the date of disciplinary actionpay for necessary costs.

Hearing Procedure. A. a. The Personnel Commission may City Manager shall appoint a Hearing Officer to conduct hearings on appealable disciplinary action imposed pursuant to this Section. In case of appeals or termination, however, the Association may appoint request a Hearing Officer be selected from a list provided by the American Arbitration Association. The parties shall request the American Arbitration Association to supply a panel of seven (7) names of persons experienced in hearing officer to conduct disciplinary cases for cities. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be the hearing and report findings and recommendations to Hearing Officer. The order of striking shall be determined by lot. The Hearing Officer will not be an employee of the CommissionCity of ▇▇▇▇ Point. If the Personnel Commission orders Association requests a hearingHearing Officer from the American Arbitration Association, said hearing the costs of the Hearing Officer's services shall be held in closed sessionfully paid by the City. The employee shall be given written notice of his or her right City will pay for the hearing fees for up to have the complaints or charges heard in two (2) days unless an open session rather than closed session pursuant to Government Code section 54957. The notice shall be delivered to the employee personally or by mail at least twenty-four (24) hours before the time for holding the closed sessionextension is mutually agreed upon. B. b. Hearings shall be conducted in the manner most conducive to determination of the truth, and neither the Commission nor its hearing officer Hearing Officer shall not be bound by technical rules of evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. C. c. The Personnel Commission or its hearing officer Hearing Officer shall determine the relevancy, weight, weight and credibility of testimony and evidence. It The Hearing Officer shall base its his/her findings on the preponderance of evidence. D. d. Each side will be permitted an opening statement (Board first) and closing arguments (employee first)argument. The Board department director shall first present its his/her witnesses and evidence to sustain its the charges and the employee will then present his his/her witnesses and evidence in defense. E. e. Each side will be allowed to examine and cross-examine witnesses. F. f. Both the Board department director and the employee will be allowed to or their respective designees may be represented by legal counsel or other designated representation. The employee may, at his/her option, be represented by legal counsel and/or union representation, or any other person designated by the employee. If the employee files an appeal, the employee shall be required to attend the Commission Appeal Hearing, even if the employee’s designated representative appears on his/her behalf. If the employee fails to appear, the employee will be deemed to have forfeited his/her rights to further appeal and the Personnel Commission shall allow the Board of Trustee’s disciplinary action to standcounsel. G. g. The Commission may, and Hearing Officer shall, if requested by the Board or the employeeeither party, subpoena witnesses and/or require the production of other relevant records or other material evidence. H. h. The Commission Hearing Officer may, prior to or during a hearing, grant ▇▇▇▇▇ a continuance for any reason it he/she believes to be important to its his/her reaching a fair and proper decision. I. Whether i. The Hearing Officer shall prepare a recommended decision and forward it to the hearing is held in a public or Executive Session, the Commission, after it concludes the hearing, may deliberate its decision in Executive Session. No persons other than members of the Commission, its counsel, and the Director of Personnel shall be permitted to participate in the deliberations. If the Personnel Director or any staff was a witness in the proceedings, he shall also be barred from the Commission's final deliberations. J. The Commission shall render its judgment in an open session as soon City Manager after the conclusion matter of appeal has been taken under submission by the hearing as possible and in no event later than fourteen (14) daysHearing Officer. Its The recommended decision shall set forth which charges, if any, are sustained charge the Hearing Officer sustains or does not sustain and the reasons reasons, therefore. K. The Commission j. After receiving the recommendation of the Hearing Officer, the City Manager may sustain or reject any or all of the charges filed against the employee. It He/she may sustain, reject, reject or modify the disciplinary action invoked against the employee. It may not provide for discipline more stringent than that invoked by the Board. L. k. The Commission order employee or his/her representative may obtain a copy of judgment will the hearing transcript upon request and agreement to pay for necessary costs. l. An employee shall not suffer loss of pay for time spent as a witness at a hearing held pursuant to this procedure. The number of witnesses requested to attend and their scheduling shall be filed with the Governing Board and the charged employee and shall set forth its findings and decision. If a dismissal is not sustained, its order shall set forth the effective date the employee is to be reinstated which may be any time on or after the date of disciplinary actionreasonable.

Hearing Procedure. A. 1. After an employee has made and filed an appeal in answer to charges against him or her, the Board shall order a hearing. If a hearing is to be conducted, the Board shall then fix the time and place of the hearing which shall be within a reasonable length of time from the receipt of the appeal, but in no event will the hearing be held less than five (5) days after service of the notice of disciplinary action to the employee. 2. The Personnel Commission may conduct hearings of appeals or Board may appoint a hearing officer to conduct the any hearing and report findings and recommendations to the CommissionBoard. If Such recommendations shall not be binding on the Personnel Commission orders a hearing, said hearing shall be held in closed session. The employee shall be given written notice of his or her right to have the complaints or charges heard in an open session rather than closed session pursuant to Government Code section 54957. The notice shall be delivered to the employee personally or by mail at least twenty-four (24) hours before the time for holding the closed sessionBoard. B. 3. Hearings shall be conducted in the manner most conducive to a determination of the truth, and neither the Commission Board nor its hearing officer shall be bound by technical rules of evidence. Decisions made by the Commission Board shall not be invalidated by any informality in the proceedings. C. 4. The Personnel Commission Board or its hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. It evidence and shall base its findings on the a preponderance of evidence. D. Each side will be permitted an opening statement (Board first) and closing arguments (employee first)5. The Board shall first present its witnesses and evidence to sustain its charges and the employee will then present his may be represented by separate legal counsel or other designated representatives. 6. A hearing shall be conducted in the following order: a. Opening statement by the Board or its designated representatives;* b. Opening statement by the employee or the employee's designated representatives;* c. The Board's presentation of witnesses and evidence evidence; d. The employee's presentation of witnesses and evidence;* e. Closing argument by the employee or the employee's designated representatives;* f. Closing argument by the Board or its designated representatives;* An asterisk (*) indicates an optional step in defensethe procedure. E. 7. Each side party will be allowed to examine and cross-cross examine witnesses. F. Both the Board and the employee will be allowed to be represented by legal counsel or other designated representation8. The employee may, at his/her option, be represented by legal counsel and/or union representation, or any other person designated by the employee. If the employee files an appeal, the employee shall be required to attend the Commission Appeal Hearing, even if the employee’s designated representative appears on his/her behalf. If the employee fails to appear, the employee will be deemed to have forfeited his/her rights to further appeal and the Personnel Commission shall allow the Board of Trustee’s disciplinary action to stand. G. The Commission may, and shall, if requested by the Board or the employee, subpoena witnesses and/or require the production of records or other material evidence. H. The Commission its hearing officer may, prior to or during a hearing, grant a continuance for any reason it believes believed to be important to its reaching a fair and proper decision. I. Whether 9. A hearing shall be held in closed session unless an open hearing is requested by the employee. Either party may request the Board or its hearing officer to exclude witnesses not under examination, except the employee and the party attempting to substantiate the charges against the employee and his or her respective counsel. 10. If a hearing officer has been appointed, a written report of the hearing is held officer's findings and recommendations shall be submitted to the Board with copies sent to both parties involved. When the Board meets to decide a matter using a hearing officer's report in a public making its decision, involved parties may come before the Board to challenge significant errors or Executive Sessionomissions reflected in the report. The Board may amend the report in the interests of fairness and accuracy, however, the Commission, after it concludes the hearing, may deliberate its decision in Executive Session. No persons other than members of the Commission, its counsel, and the Director of Personnel hearing shall not be permitted to participate in the deliberations. If the Personnel Director or any staff was a witness in the proceedings, he shall also be barred from the Commission's final deliberationsreopened. J. 11. The Commission Board shall render its judgment in an open session as soon after the conclusion of the hearing as possible and in no event later than fourteen twenty one (1421) dayscalendar days after the Board hearing or after receipt of the hearing officer's report. Its The Board may deliberate its decision shall set forth which charges, if any, are sustained and the reasons thereforein closed session. K. 12. The Commission Board may sustain or reject any or all of the charges filed against the employee. It may sustain, reject, or modify the disciplinary action invoked against the employee. It may not provide for discipline more stringent than that invoked by the Board. L. The Commission order of judgment will be filed with the Governing Board and the charged employee and shall set forth its findings and decision. If a dismissal is not sustained, its order shall set forth the effective date the employee is to be reinstated which may be any time on or after the date of disciplinary action.Original: 2-29-00 Revised: 6-03-03

Hearing Procedure. A. 9.4.1 The Personnel Commission may conduct hearings of appeals or may appoint a hearing officer to conduct the hearing hearings and report findings and recommendations to the Commission. If the Personnel Commission orders a hearing, said hearing shall be held in closed session. The employee shall be given written notice of his or her right to have the complaints or charges heard in an open session rather than closed session pursuant to Government Code section 54957. The notice shall be delivered to the employee personally or by mail at least twenty-four (24) hours before the time for holding the closed session. B. 9.4.2 Hearings shall be conducted in the manner most conducive to determination of the truth, and neither the Commission nor its hearing officer shall be bound by technical rules of evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. C. 9.4.3 The Personnel Commission or its hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. It shall base its findings on the preponderance of evidence. D. 9.4.4 Each side will be permitted an opening statement (Board first) and closing arguments (employee unit member first). The Board shall first present its witnesses and evidence to sustain its charges and the employee unit member will then present his his/her witnesses and evidence in defense. E. 9.4.5 Each side will be allowed to examine and cross-examine witnesses. F. 9.4.6 Both the Board and the employee unit member will be allowed to be represented by legal counsel or other designated representation. The employee may, at his/her option, be represented by legal counsel and/or union representation, or any other person designated by the employee. If the employee files an appeal, the employee shall be required to attend the Commission Appeal Hearing, even if the employee’s designated representative appears on his/her behalf. If the employee fails to appear, the employee will be deemed to have forfeited his/her rights to further appeal and the Personnel Commission shall allow the Board of Trustee’s disciplinary action to stand. G. 9.4.7 The Commission may, and shall, shall if requested by the Board or the employeeunit member, subpoena witnesses and/or require the production of records or other material evidence. H. 9.4.8 The Commission may, prior to or during a hearing, grant a continuance for any reason it believes to be important to its reaching a fair and proper decision. I. 9.4.9 Whether the hearing is held in a public or Executive Sessionclosed session, the Commission, after it concludes the hearing, hearing may deliberate its decision in Executive Sessionclosed session. No persons other than members of the Commission, its counsel, and the Director of Personnel its staff shall be permitted to participate in the deliberations. If the Personnel Director of Human Resources or any staff is not serving full time for the Commission and/or was a witness in the proceedings, he shall also be barred from the Commission's ’s final deliberationsdeliberation. J. 9.4.10 The Commission shall render its judgment in an open session as soon after the conclusion of the hearing as possible and in no event later than fourteen (14) 14 days. Its decision shall set forth which charges, if any, are sustained and the reasons thereforetherefor. The Commission’s decision shall be set forth in writing and signed by the chairman of the Commission and be sent to all parties of interest. The commission’s decision shall be final. K. 9.4.11 The Commission may sustain or reject any or all may, if it finds in favor of the charges filed against unit member, include any of the employeefollowing as part of its judgment:  Order the unit member’s reinstatement upon such terms and conditions as it may determine appropriate. It may sustain, reject, or modify  Modify the disciplinary action invoked against the employee. It may action, but not provide for discipline to make more stringent than that invoked the action taken by the Board. L. The Commission order .  Order paid all or part of judgment will be filed with the Governing Board and unit member’s lost compensation.  Order expunction from the charged employee and shall set forth its findings and decision. If a dismissal is not sustained, its order shall set forth unit member’s personnel file of records pertaining to the effective date the employee is to be reinstated which may be any time on or after the date of disciplinary action.

Hearing Procedure. A. a. The Personnel Commission may City Manager shall appoint a Hearing Officer to conduct hearings on appealable disciplinary action imposed pursuant to this Section. In case of appeals or termination, however, the Association may appoint request a Hearing Officer be selected from a list provided by the American Arbitration Association. The parties shall request the American Arbitration Association to supply a panel of seven (7) names of persons experienced in hearing officer to conduct disciplinary cases for cities. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be the hearing and report findings and recommendations to Hearing Officer. The order of striking shall be determined by lot. The Hearing Officer will not be an employee of the CommissionCity of ▇▇▇▇ Point. If the Personnel Commission orders Association requests a hearingHearing Officer from the American Arbitration Association, said hearing the costs of the Hearing Officer's services shall be held in closed sessionfully paid by the City. The employee shall be given written notice of his or her right City will pay for the hearing fees for up to have the complaints or charges heard in two (2) days unless an open session rather than closed session pursuant to Government Code section 54957. The notice shall be delivered to the employee personally or by mail at least twenty-four (24) hours before the time for holding the closed sessionextension is mutually agreed upon. B. b. Hearings shall be conducted in the manner most conducive to determination of the truth, and neither the Commission nor its hearing officer Hearing Officer shall not be bound by technical rules of evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. C. c. The Personnel Commission or its hearing officer Hearing Officer shall determine the relevancy, weight, weight and credibility of testimony and evidence. It The Hearing Officer shall base its his/her findings on the preponderance of evidence. D. d. Each side will be permitted an opening statement (Board first) and closing arguments (employee first)argument. The Board department director shall first present its his/her witnesses and evidence to sustain its the charges and the employee will then present his his/her witnesses and evidence in defense. E. e. Each side will be allowed to examine and cross-examine witnesses. F. f. Both the Board department director and the employee will be allowed to or their respective designees may be represented by legal counsel or other designated representation. The employee may, at his/her option, be represented by legal counsel and/or union representation, or any other person designated by the employee. If the employee files an appeal, the employee shall be required to attend the Commission Appeal Hearing, even if the employee’s designated representative appears on his/her behalf. If the employee fails to appear, the employee will be deemed to have forfeited his/her rights to further appeal and the Personnel Commission shall allow the Board of Trustee’s disciplinary action to standcounsel. G. g. The Commission may, and Hearing Officer shall, if requested by the Board or the employeeeither party, subpoena witnesses and/or require the production of other relevant records or other material evidence. H. h. The Commission Hearing Officer may, prior to or during a hearing, grant a continuance for any reason it he/she believes to be important to its his/her reaching a fair and proper decision. I. Whether i. The Hearing Officer shall prepare a recommended decision and forward it to the hearing is held in a public or Executive Session, the Commission, after it concludes the hearing, may deliberate its decision in Executive Session. No persons other than members of the Commission, its counsel, and the Director of Personnel shall be permitted to participate in the deliberations. If the Personnel Director or any staff was a witness in the proceedings, he shall also be barred from the Commission's final deliberations. J. The Commission shall render its judgment in an open session as soon City Manager after the conclusion matter of appeal was taken under submission by the hearing as possible and in no event later than fourteen (14) daysHearing Officer. Its The recommended decision shall set forth which charges, if any, are sustained charge the Hearing Officer sustains or does not sustain and the reasons therefore. K. The Commission j. After receiving the recommendation of the Hearing Officer, the City Manager may sustain or reject any or all of the charges filed against the employee. It He/she may sustain, reject, reject or modify the disciplinary action invoked against the employee. It may not provide for discipline more stringent than that invoked by the Board. L. k. The Commission order employee or his/her representative may obtain a copy of judgment will the hearing transcript upon request and agreement to pay for necessary costs. l. An employee shall not suffer loss of pay for time spent as a witness at a hearing held pursuant to this procedure. The number of witnesses requested to attend and their scheduling shall be filed with the Governing Board and the charged employee and shall set forth its findings and decision. If a dismissal is not sustained, its order shall set forth the effective date the employee is to be reinstated which may be any time on or after the date of disciplinary actionreasonable.

Hearing Procedure. A. a. The Personnel Commission may City Manager shall appoint a Hearing Officer to conduct hearings on appealable disciplinary action imposed pursuant to this Article. In case of appeals termination, however, the Association may request a Hearing Officer be selected from a list provided by the State Mediation and Conciliation Service (SMCS). The parties shall request the SMCS to supply a panel of seven (7) names of persons experienced in hearing disciplinary cases for cities. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be the Docusign Envelope ID: EDF47287-5A77-4D27-9C4A-47B2692FA781 Hearing Officer. The order of striking shall be determined by mutual agreement or may appoint flipping a hearing officer to conduct coin. The Hearing Officer will not be an employee of the hearing and report findings and recommendations to the CommissionCity of Irvine. If the Personnel Commission orders Association requests a hearingHearing Officer from the SMCS, said hearing the costs of the Hearing Officer's services shall be held in closed session. The employee shall be given written notice of his or her right to have equally divided by the complaints or charges heard in an open session rather than closed session pursuant to Government Code section 54957. The notice shall be delivered to Association and the employee personally or by mail at least twenty-four (24) hours before the time for holding the closed sessionCity. B. b. Hearings shall be conducted in the manner most conducive to determination of the truth, and neither the Commission nor its hearing officer Hearing Officer shall not be bound by technical rules of evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. C. c. The Personnel Commission or its hearing officer Hearing Officer shall determine the relevancy, weight, weight and credibility of testimony and evidence. It The Hearing Officer shall base its his/her findings on the preponderance of evidence. D. d. Each side will be permitted an opening statement (Board first) and closing arguments (employee first)argument. The Board Department Director shall first present its his/her witnesses and evidence to sustain its charges the charges, and the employee will then present his his/her witnesses and evidence in defense. E. e. Each side will be allowed to examine and cross-examine witnesses. F. f. Both the Board Department Director and the employee will be allowed to employee, or their respective designees, may be represented by legal counsel or other designated representation. The employee may, at his/her option, be represented by legal counsel and/or union representation, or any other person designated by the employee. If the employee files an appeal, the employee shall be required to attend the Commission Appeal Hearing, even if the employee’s designated representative appears on his/her behalf. If the employee fails to appear, the employee will be deemed to have forfeited his/her rights to further appeal and the Personnel Commission shall allow the Board of Trustee’s disciplinary action to standcounsel. G. g. The Commission may, and Hearing Officer shall, if requested by the Board or the employeeeither party, subpoena witnesses and/or require the production of other relevant records or other material evidence. H. h. The Commission Hearing Officer may, prior to or during a hearing, grant ▇▇▇▇▇ a continuance for any reason it he/she believes to be important to its his/her reaching a fair and proper decision.. Docusign Envelope ID: EDF47287-5A77-4D27-9C4A-47B2692FA781 I. Whether i. The Hearing Officer shall prepare a recommended decision and forward it to the hearing is held in a public or Executive Session, the Commission, after it concludes the hearing, may deliberate its decision in Executive Session. No persons other than members of the Commission, its counsel, and the Director of Personnel shall be permitted to participate in the deliberations. If the Personnel Director or any staff was a witness in the proceedings, he shall also be barred from the Commission's final deliberations. J. The Commission shall render its judgment in an open session as soon City Manager after the conclusion matter of appeal was taken under submission by the hearing as possible and in no event later than fourteen (14) daysHearing Officer. Its The recommended decision shall set forth which charges, if any, are sustained charge the Hearing Officer sustains or does not sustain and the reasons therefore. K. The Commission j. After receiving the recommendation of the Hearing Officer, the City Manager may sustain or reject any or all of the charges filed against the employee. It He/she may sustain, reject, reject or modify the disciplinary action invoked against the employee. It may not provide for discipline more stringent than that invoked by However, in the Boardevent the City rejects the recommendation of the Hearing Officer to reverse a termination decision, the City will bear the entire costs of the Hearing Officer. L. k. The Commission order employee or his/her representative may obtain a copy of judgment will be filed with the Governing Board transcript of the hearing upon request and the charged employee and shall set forth its findings and decision. If a dismissal is not sustained, its order shall set forth the effective date the employee is agreement to be reinstated which may be any time on or after the date of disciplinary actionpay for necessary costs.

Hearing Procedure. A.  The Personnel Commission may conduct hearings of appeals or may appoint procedure for a hearing officer conducted by the full board, or a committee thereof, which hearing concerns expulsion, or appeal of a decision to conduct suspend a student for six (6) or more consecutive school days, shall be as follows:  The board, or committee, shall determine the propriety of attendance at the hearing and report findings and recommendations to of persons not having a direct interest in the Commissionhearing. If the Personnel Commission orders a hearing, said The hearing shall be held in closed sessionsession unless otherwise determined by the board.  The board, or committee, shall ask for opening statements from the superintendent/designee, or representative, and the adult student or the student’s parent or guardian (or their representative) and, at the discretion of the board, or committee, may allow closing statements.  The parties shall then present evidence. The employee superintendent/designee has the burden of proof and shall present evidence first. Witnesses may be given written notice of his questioned by board, or her right to have the complaints or charges heard in an open session rather than closed session pursuant to Government Code section 54957. The notice shall be delivered to the employee personally or by mail at least twenty-four (24) hours before the time for holding the closed session. B. Hearings shall be conducted in the manner most conducive to determination of the truthcommittee, members and neither the Commission nor its hearing officer shall be bound by technical rules of evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. C. The Personnel Commission parties (or its hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. It shall base its findings on the preponderance of evidence. D. Each side will be permitted an opening statement (Board first) and closing arguments (employee firsttheir representative). The Board shall first present its witnesses and evidence to sustain its charges and the employee will then present his witnesses and evidence in defense. E. Each side will be allowed to examine and cross-examine witnesses. F. Both the Board and the employee will be allowed to be represented by legal counsel board, or other designated representation. The employee committee, may, at its discretion, vary this procedure, but it shall afford full opportunity to both parties for presentation of any material or relevant evidence and shall afford the parties the right of cross-examination of witnesses giving testimony at the hearing.  A party shall produce such additional evidence as it deems necessary and/or appropriate. The board, or committee, shall be the judge of the relevancy and materiality of the evidence and shall attach such weight to the evidence as it determines is appropriate.  Exhibits offered by the parties may be received in evidence by the board, or committee, and, when so received, shall be marked and made part of the record.  The board, or committee, may, by majority vote, uphold, reject or modify the recommendation and/or decision of the superintendent/designee.  The board, or committee, shall communicate its decision, to the student, his/her option, be represented by legal counsel and/or union representation, parent or any other person designated by the employee. If the employee files an appeal, the employee shall be required to attend the Commission Appeal Hearing, even if the employee’s designated representative appears on his/her behalf. If the employee fails to appear, the employee will be deemed to have forfeited his/her rights to further appeal and the Personnel Commission shall allow the Board of Trustee’s disciplinary action to stand. G. The Commission mayguardian, and shall, if requested by to the Board or the employee, subpoena witnesses and/or require the production of records or other material evidencesuperintendent/designee. H. The Commission may, prior to or during a hearing, grant a continuance for any reason it believes to be important to its reaching a fair and proper decision. I. Whether the hearing is held in a public or Executive Session, the Commission, after it concludes the hearing, may deliberate its decision in Executive Session. No persons other than members of the Commission, its counsel, and the Director of Personnel shall be permitted to participate in the deliberations. If the Personnel Director or any staff was a witness in the proceedings, he shall also be barred from the Commission's final deliberations. J. The Commission shall render its judgment in an open session as soon after the conclusion of the hearing as possible and in no event later than fourteen (14) days. Its decision shall set forth which charges, if any, are sustained and the reasons therefore. K. The Commission may sustain or reject any or all of the charges filed against the employee. It may sustain, reject, or modify the disciplinary action invoked against the employee. It may not provide for discipline more stringent than that invoked by the Board. L. The Commission order of judgment will be filed with the Governing Board and the charged employee and shall set forth its findings and decision. If a dismissal is not sustained, its order shall set forth the effective date the employee is to be reinstated which may be any time on or after the date of disciplinary action.

Hearing Procedure. A. a. The Personnel Commission Governing Board may conduct hearings of appeals or may appoint a hearing officer to from the Office of Administrative Hearings. The Governing Board may conduct hearings of appeals or may appoint a hearing officer from the Office of Administrative Hearings. The hearing officer shall conduct the hearing and report findings and recommendations to the CommissionGoverning Board. If An employee may request the Personnel Commission orders Board to consider appointing a hearing officer to conduct the hearing, said hearing shall be held in closed session. The employee shall be given written notice of his or her right to have the complaints or charges heard in an open session rather than closed session pursuant to Government Code section 54957. The notice shall be delivered to the employee personally or by mail at least twenty-four (24) hours before the time for holding the closed session. B. b. Hearings shall be conducted in the manner most conducive to a determination of the truth, and neither the Commission Governing Board nor its hearing officer shall be bound by technical rules of evidence. Decisions Final decisions made by the Commission Governing Board shall not be invalidated by any informality in the proceedings. C. (1) At the election of the employee the hearing shall be held in public or closed sessions. c. The Personnel Commission or its hearing officer Governing Board shall determine the relevancy, weight, and credibility of testimony and evidence. It shall base its findings on the preponderance of evidence. D. d. Each side will be permitted an opening statement (Board District first) and closing arguments (employee District first). The Board District shall first present its witnesses and evidence to sustain its charges and the employee will then present his his/her witnesses and evidence in defense. The burden of proof shall remain with the District. E. e. Each side will be allowed to examine and cross-examine witnesses. F. f. Both the Board District and the employee will be allowed to be represented by legal counsel or other designated representation. The employee may, at his/her option, be represented by legal counsel and/or union representation, or any other person designated by the employee. If the employee files an appeal, the employee shall be required to attend the Commission Appeal Hearing, even if the employee’s designated representative appears on his/her behalf. If the employee fails to appear, the employee will be deemed to have forfeited his/her rights to further appeal and the Personnel Commission shall allow the Board of Trustee’s disciplinary action to standrepresentative. G. g. The Commission may, Governing Board or hearing officer may and shall, if requested by the Board District or the employee, subpoena witnesses and/or require the production of records or other material evidence. H. h. The Commission may, Governing Board or hearing officer may prior to or during a hearing, hearing grant a continuance for any reason it believes to be important to its reaching a fair and proper decision. I. i. Whether the hearing is held in a public or Executive Sessionclosed session, the CommissionGoverning Board, after it concludes the hearing, may shall deliberate its decision in Executive Sessionclosed session. No persons unit members other than members of the CommissionGoverning Board, and its counsel, and the Director of Personnel shall be permitted to participate in the deliberations. If the Personnel Director or any staff was a witness in the proceedings, he shall also be barred from the Commission's final deliberations. J. j. The Commission Governing Board shall render its judgment in an open session as soon after the conclusion of the hearing as possible and in no event later than fourteen twenty-one (1421) dayscalendar days after the hearing before the Board or after receiving the report and recommendations by the hearing officer. Its decision shall set forth which charges, if any, are sustained and the reasons therefore. K. k. The Commission Governing Board may sustain or reject any or all of the charges filed against the employee. It may sustain, reject, or modify the disciplinary action invoked against the employee. It may not provide for more discipline more stringent than that invoked by the BoardSuperintendent. L. (1) In the event that the employee had been suspended without pay pending the hearing and determination, the charges/disciplines are not sustained in the final decision, the employee shall be entitled to all back pay. l. The Commission order employee or his representative may obtain a copy of judgment will be filed with the transcript of the hearing upon written request and agreement to pay for necessary costs. m. The decision of the Governing Board is final and binding on all parties. (1) Both parties have the charged employee and shall set forth its findings and decision. If right to appeal the final decision to a dismissal is not sustained, its order shall set forth the effective date the employee is to be reinstated which may be any time on or after the date court of disciplinary actionproper jurisdiction.

Hearing Procedure. A. 1. The Personnel Commission Governing Board may conduct hearings of appeals or may appoint a hearing officer to from the Office of Administrative Hearings. The hearing officer shall conduct the hearing and report findings and recommendations to the CommissionGoverning Board. If Upon the Personnel Commission orders request of an employee, the Board shall appoint a hearing officer to conduct the hearing, said provided that the cost of the hearing officer shall be held in closed sessionsplit. The employee shall decision of the hearing officer will be given written notice of his or her right to have the complaints or charges heard in an open session rather than closed session pursuant to Government Code section 54957. The notice shall be delivered to the employee personally or by mail at least twenty-four (24) hours before the time for holding the closed sessionadvisory. B. 2. Hearings shall be conducted in the manner most conducive to a determination of the truth, and neither the Commission Governing Board nor its hearing officer shall be bound by technical rules of evidence. Decisions Advisory decisions made by the Commission hearing officer shall not be invalidated by any informality in the proceedings. Final decisions made by the Governing Board shall not be invalidated by an informality in the hearing procedures. C. 3. The Personnel Commission Governing Board or its hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. It shall base its findings on the preponderance of evidence. D. 4. Each side will be permitted an opening statement (Board District first) ), and closing arguments (employee District first). The Board District shall first present its witnesses and evidence to sustain its charges and the employee will then present his his/her witnesses and evidence in defense. The burden of proof shall remain with the District. E. 5. Each side will be allowed to examine and cross-examine witnesses. F. 6. Both the Board District and the employee will be allowed to be represented by legal counsel or other designated representationrepresentative. 7. The employee may, at his/her option, be represented by legal counsel and/or union representation, Governing Board or any other person designated by the employee. If the employee files an appeal, the employee shall be required to attend the Commission Appeal Hearing, even if the employee’s designated representative appears on his/her behalf. If the employee fails to appear, the employee will be deemed to have forfeited his/her rights to further appeal and the Personnel Commission shall allow the Board of Trustee’s disciplinary action to stand. G. The Commission may, hearing officer may and shall, if requested by the Board District or the employee, subpoena witnesses and/or require the production of records or other material evidence. H. 8. The Commission Governing Board or hearing officer may, prior to or during a the hearing, grant ▇▇▇▇▇ a continuance for any reason it believes to be important to its reaching a fair and proper decision. I. 9. Whether the hearing is held in a public or Executive Sessionexecutive session, the CommissionGoverning Board, after it concludes the hearing, may shall deliberate its decision in Executive Sessionexecutive session. No persons other than members of the Commission, its Governing Board and the Board's legal counsel, and at the Director request of Personnel the Board shall be permitted to participate in the deliberations. If the Personnel Director or any staff was a witness in the proceedings, he shall also be barred from the Commission's final deliberations. J. 10. The Commission Governing Board or hearing officer shall render its judgment in an open session as soon after the conclusion of the hearing as possible and in no event later than fourteen twenty-one (1421) dayscalendar days after the hearing before the Board or after receiving the report and recommendations by the hearing officer. Its decision shall set forth which charges, if any, are sustained and the reasons therefore. K. 11. The Commission Governing Board may sustain or reject any or all of the charges decisions filed against by the employee. It may sustain, reject, or modify the disciplinary action invoked against the employeehearing officer. It may not provide for discipline more stringent than that invoked by the BoardSuperintendent. The Governing Board shall, in the event of a full or partial rejection of the hearing officer's decision, render its decision including the reasons, in writing, no later than twenty-one (21) calendar days following the receipt of the hearing officer's decision. L. a. In the event that the employee had been suspended without pay pending the hearing and determination, and the charges/discipline are not sustained in the final decision, the employee shall be entitled to all back pay. 12. The Commission order employee or his representative may obtain a copy of judgment will be filed with the transcript of the hearing upon written request and agreement to pay for necessary costs. 13. The decision of the Governing Board is final and binding on all parties. a. Both parties have the charged employee and shall set forth its findings and decision. If right to appeal the final decision to a dismissal is not sustained, its order shall set forth the effective date the employee is to be reinstated which may be any time on or after the date court of disciplinary actionproper jurisdiction.