Section 71653 Of Article 5. Employment Protection System From California Government Code >> Title 8. >> Chapter 7. >> Article 5.
71653
. Subject to meet and confer in good faith, each trial court
shall establish in its personnel rules a process for conducting an
evidentiary due process hearing to review disciplinary decisions that
by law require an evidentiary due process hearing, which shall
include, at a minimum, all of the following elements:
(a) A procedure for appointment of an impartial hearing officer
who shall not be a trial court employee or judge of the employing
court.
(b) The hearing shall result in an appropriate record with a
written report that has findings of fact and conclusions that
reference the evidence.
(c) The employee and trial court shall have the right to call
witnesses and present evidence. The trial court shall be required to
release trial court employees to testify at the hearing.
(d) The hearing officer shall have the authority to issue
subpoenas for the attendance of witnesses and subpoenas duces tecum
for the production of books, records, documents, and other evidence
as provided in Section 1282.6 of the Code of Civil Procedure.
(e) The employee shall have the right to representation, including
legal counsel, if provided by the employee.
(f) If the hearing officer disagrees with the trial court's
disciplinary decision, the trial court shall furnish a certified copy
of the record of proceedings before the hearing officer to the
employee or, if the employee is represented by a recognized employee
organization or counsel, to that representative, without cost.