2.28.140 Complaint procedures – Decision after hearing on the merits.
The Board shall document its decision in a written statement of decision. A vote of five Board members is required to make a finding of misconduct. Each finding of misconduct must be supported by a preponderance of the evidence. The statement of decision should be prepared expeditiously and shall be served upon both parties via certified mail with a certificate of mailing.
A. Misconduct Found – Declaration of Misconduct. If the Board makes a finding of misconduct, the statement of decision shall contain, and be labeled as such, a declaration of misconduct. The declaration of misconduct shall detail the misconduct that has been found to be true and the supporting evidence. The declaration of misconduct shall be a final decision on the merits and shall not be changed by the City Council. The declaration of misconduct may contain a recommendation of sanctions against the City official found to have engaged in misconduct, including, but not limited to, the following: a reprimand, censure, or removal from office. The declaration of misconduct may also recommend remedial actions to prevent misconduct in the future.
Government Code Sections 3250 et seq. (Firefighter Procedural Bill of Rights Act) and 3300 et seq. (Public Safety Officers Procedural Bill of Rights Act) provide appeal rights for the Police and Fire Chief. The Police and Fire Chief shall be provided the appeal rights required under the aforementioned Government Code sections and City Council shall act as the body hearing any such appeal.
B. No Misconduct Found – Declaration of No Misconduct. If the Board makes a finding of no misconduct, the statement of decision shall contain, and be labeled as such, a declaration of no misconduct. The declaration of no misconduct shall detail the basis for its finding. (Ord. 3264 § 1, 2013).