8H
Date: February 25, 2025
To: Honorable Mayor and Members of the City Council
From: Aram Chaparyan, City Manager
By: Brianne Cohen, Civil Service Manager | [email protected] Subject: City Manager – Approve Request to Set Closed Hearing Date to Consider Employee Termination Appeal. Expenditure: None.
RECOMMENDATION
Recommendation of the City Manager that City Council approve request to set a date of Tuesday, March 18, 2025 to conduct a closed hearing to consider an appeal of the Civil Service Commission’s decision sustaining the termination of a Police Officer (8).
FUNDING
None required.
DISCUSSION
The Hearing in the appeal of the termination of a Police Officer (8) was delegated to a hearing officer by the Civil Service Commission on October 24, 2022. The hearing officer heard the appeal on November 6-7, 2023 and submitted their findings on April 29, 2024. On May 6, 2024, the Civil Service Commission adopted the hearing officer’s Findings of Facts-Recommendations and upheld the termination of the Police Officer. On May 13, 2024, the Commission formally adopted their decision to sustain the termination. On May 22, 2024, the appellant’s attorney filed a timely appeal of the Civil Service Commission’s decision. On June 18, 2024, your Honorable Body set a hearing date for August 13, 2024. Due to a conflict with counsel’s schedule, the parties have agreed to continue the hearing to September 10, 2024. On September 10, 2024, counsel for the appellant presented a new piece of evidence that was not available during the hearing officer appeal. Your Honorable Body voted to return the matter to the hearing officer for this piece of evidence to be considered. The hearing officer considered the new evidence and submitted their supplemental findings on December 30, 2024. On January 6, 2025, the Civil Service Commission adopted the hearing officer’s Findings of Facts-Recommendations and upheld the termination of the Police Officer. On January 13, 2025, the Commission formally adopted their decision to sustain the termination. On January 23, 2025, the appellant’s attorney filed a timely appeal of the Civil Service Commission’s decision.
1 City Council
February 25, 2025
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1 Under the provisions of Torrance Municipal Code Section 14.47.13, an appeal to your Honorable Body must be filed within 10 days of the Commission’s decision. The Appellant filed a timely appeal and staff is recommending that the hearing date be set for Tuesday, March 18, 2025. The recommended date has been selected to accommodate the availability of the participants.
The hearing is recommended to start at 5:00 p.m. in Council Chambers. Pursuant to Penal Code Section 832.7 and Copley Press v. Superior Court, (2006) 39 Cal.4th 1272, consideration of Public Employee discipline may be conducted in a closed session per California Government Code Section 54957. The Appellant requested a closed session.
In hearing this matter, the Council will receive the following items: the transcripts of the hearing; the exhibits submitted; and the Findings of Fact and Conclusions of Law and Orders issued by the Commission; and written arguments from the parties, if any. During the hearing, both parties will have an opportunity to present oral arguments.
Copies of the transcripts, all documents and exhibits admitted into evidence, and the Findings of Fact and Conclusions of Law and Recommendation of the Commission will be distributed to your Honorable Body prior to the hearing for your review.
ATTACHMENT
1. Torrance Municipal Code Section 14.47.13 – Appeal to City Council, Torrance Municipal Code Section 14.47.14 – Record on Appeal, Torrance Municipal Code Section 14.47.15 – Newly Discovered Evidence
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14.47.13 APPEAL TO CITY COUNCIL.
Upon written appeal to the City Council filed with the City Clerk within ten (10) days of the decision of the Civil Service Commission, a hearing shall be conducted pursuant to the provisions of Section 14.47.14. before the City Council at the earliest reasonable time as is consistent with the City Council’s agenda. The appealing and responding parties may be present at the Council hearing and may present written and oral arguments in their favor, and answer any questions from the members of the City Council.
14.47.14 RECORD ON APPEAL.
a) The City Council may uphold or reverse in whole or in part the decision of the Civil Service Commission; provided, however, that in no case may the City Council increase any penalty imposed by the Commission. The City Council may reduce a dismissal to a suspension of not to exceed sixty (60) days. b) The City Council’s deliberations shall be limited to a review of the record on appeal. The record on appeal shall consist only of the following:
1) The written charges, if any, against the employee and his answer, if any:
2) The transcript of the hearing, or any part thereof (if all interested parties so stipulate, the partial transcript shall be sufficient);
3) All other minutes of the Commission and the hearing officer, if any, relating to the matter; 4) Any exhibits admitted into evidence at the hearing; 5) Any memoranda of law submitted to the officer or to the Commission; 6) The decision of the Commission, including its findings of fact and conclusions of law and recommendations, if any;
7) The written exceptions of the parties.
c) In all cases, the City Council shall be bound by the findings of fact of the Civil Service Commission, unless in the opinion of the Council there is no substantial evidence to support the Commission’s decisions. In the event that there is no substantial evidence to support the Commission’s decision, the case shall be returned to the Commission for additional proceedings.
3 d) Any decision of the City Council to reverse or modify a decision of the Commission shall not be effective unless made by a majority vote of the entire membership of the Council.
14.47.15 NEWLY DISCOVERED EVIDENCE.
No evidence not previously submitted and received into evidence by the Civil Service Commission or hearing officer may be considered by the City Council. Upon a showing to the satisfaction of the Council that new and substantial evidence has been discovered which, with the use of due diligence could not reasonably be expected to have been presented at the hearing before the Commission, Committee of the Civil Service Commission or hearing officer, the Council, at its discretion, shall return the matter to the Commission, Committee of the Civil Service Commission or hearing officer to hear such evidence and for further review.
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