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HomeMy WebLinkAboutOrdinance 1214 (Prediscipline Procedures)CLERK'S CERTIFICATE 1, MARION A. GRADY, City Clerk of the City.pf San Rafael, and Ex -officio Clerk of the Coun ail of said City do hereby certify that the foregoing Charter Ordinance No. 1214 entitled: An Ordinance of the City of San Rafael amending Chapter 2.20 of the San Rafael Municipal Code by repealing Sec- tion 2.20.110, written charges, and substituting therefor Section 2.20.110, prediscipline procedures. is a true and correct copy of an ordinance of said City, and was introduced at a regular meeting of the City Council of the City of San Rafael, held on,the 1st day of March 19 76 Published as re- quired by City Charter in the Independent Journal a newspaper printed and published in the City of Sari Rafael and passed and adopted as an ordinance of said City at a regular meeting of the City Council of said City held on the 22nd day of March 19 76 by the following vote, to -wit: Ayes: Councilmen: Miskimen, Mulryan, Nixon and Mayor Bettini Noes: Councilmen: None Absent: Councilman: Jensen WITNESS my hand and the official seal of the City of San Rafael this lye day of /I/ic/ 197G MARION A. GRADY, City Clerk ORDINANCE NO. 1214 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 2.20 OF THE SAN RAFAEL MUNICIPAL CODE BY REPEALING SECTION 2.20.110, WRITTEN CHARGES, AND SUBSTITUTING THEREFOR SECTION 2.20.110, PREDISCIPLINE PROCEDURES THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Section 2.20.110 of the San Rafael Municipal Code is hereby repealed. A new Section 2.20.110 is substituted, which shall read as follows: 2.20.110 Prediscipline Procedures. 2.20.110 Prediscipline Procedures. In all non -emergency disciplinary actions, the City Council, Appointing Officer, or Department Head will: (a) Deliver to the concerned employee written notice of the proposed action. The written notice must include a statement of the reasons that disciplinary action is being proposed, such as insubordination, incompetence, etc., and must also include an unsigned copy of the charges being considered by Management. The reasons must be prepared with specificity and detail to insure that the employee is aware of the specific misconduct complained of by times, dates, places, etc., so that he can admit or refute the factual allegations. (b) The employee must be shown the documents or materials upon which the proposed disciplinary action is based and, preferably, the employee should be supplied with a copy of those documents. (c) The employee must be advised that he has a right to respond, either orally or in writing, or both, at his option, to the authority responsible for imposing the discipline. (d) Said employee shall have a minimum of fourteen (14) days from receiving the written notification of the proposed action in which to respond. (e) If the proposed disciplinary punishment will involve a loss of pay, the deciding Management authority must be higher in rank than the Management authority proposing the disciplinary action. DIVISION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. DIVISION 3. The Ordinance shall be published once in full before its final passage in the Independent Journal , a newspaper of general circulation, printed, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. C.PAUL BE TI , Mayor Attest: MARION A. GRADY, City Clerk The above and foregoing Ordinance No. 1214 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the 1st day of March , 1976, and ordered passed to print by the following vote, to -wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the Council to be held on the 22nd day of March , 1976. MARION A. GRADY, City lerk