Section 31108 Of Part 2. Civil Service From California Government Code >> Division 4. >> Title 3. >> Part 2.
31108
. (a) Any ordinance adopted pursuant to this part shall
include substantially the following provisions:
(1) Any officer or employee in the classified civil service may be
dismissed, suspended, or reduced in rank or compensation by the
appointing authority after appointment or promotion is complete by a
written order, stating specifically the reasons for the action. The
order shall be filed with the clerk of the board of supervisors or,
if there is a county personnel officer, the order shall be filed with
the county personnel officer and a copy thereof shall be furnished
to the person to be dismissed, suspended, or reduced.
(2) The officer or employee may reply in writing to the order
within 10 days from the date of its filing with the clerk of the
board of supervisors or county personnel officer. The officer or
employee may within seven days after presentation to him or her of
the order appeal through the clerk of the board of supervisors or
county personnel officer to the civil service commission from the
order. Upon the filing of the appeal, the clerk of the board of
supervisors or county personnel officer shall forthwith transmit the
order and appeal to the civil service commission for hearing.
(3) Within 20 days from the filing of the appeal the commission
shall commence a hearing, and either affirm, modify, or revoke the
order. The appellant may appear personally, produce evidence, and
have counsel and a public hearing.
(4) The findings and decision of the commission shall be certified
to the department head or officer whose action was the subject of
the hearing and forthwith enforced and followed by him or her.
(b) Alternatively, the board of supervisors may provide by
ordinance or resolution by simple majority vote that an officer or
employee who is dismissed, suspended, or reduced in rank or
compensation may elect in writing to appeal under the terms of any
grievance procedure established pursuant to a legally binding
memorandum of understanding between the local agency governing board
and an employee organization recognized pursuant to applicable law,
which may include final binding arbitration.