Teammate Handbook Cover

City of Morgan Hill Personnel Rules Effective Date: January 23, 2008

11.19 Written Findings and Recommendation of the Panel to the City Manager: The Panel is limited to finding whether misconduct occurred and may recommend the sustaining, modifying or rejecting of any or all of the charges filed against the appellant. The Panel may also find any aggravating or mitigating circumstances relating to any or all of the charges.

a. The findings and recommendations of the Employee Relations Panel are advisory only to the City Manager.

b. The Panel shall render their findings and recommendations in writing to the City Manager as soon after the conclusion of the hearing as possible, and in no event, later than 15 working days after the conclusion of the appeal hearing.

c. Copies of the findings and recommendations shall be provided to the Department Director imposing the discipline, the appellant, and the Personnel Officer.

11.20 Final Action by the City Manager: The City Manager shall review the findings and recommendations of the Panel within ten days of their receipt. The City Manager may ratify, modify, or reject any of the recommendations of the Panel and shall then determine what final discipline, if any, is to be imposed. The decision of the City Manager is final.

a. The decision shall be transmitted to the appellant, the Department Director, and the Personnel Officer.

b. The decision shall be mailed to the employee with proof of service by mail that shows the date of service.

c. Where the City Manager’s decision modifies or reverses an action which resulted in a loss of pay, benefits or service credits to the employee, that decision shall serve to restore such losses. 11.21 Judicial Review: The City Manager’s written findings and decision are final. There is no process for reconsideration. Pursuant to Code of Civil Procedures section 1094.6, the parties have 90 days from the date of the proof of service of mailing for the written findings and decision to appeal the decision to the Superior Court in and for the County of Santa Clara.

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