ITEM 8-D

City Council Meeting 7-25-89             Santa Monica, California

                          STAFF REPORT

TO:         Mayor and City Council

FROM:       City Attorney

SUBJECT:    Ordinance Adding Section 2106I to the Santa Monica
            Municipal Code Implementing the Use of A Hearing
            Officer in Employee Disciplinary Hearings

      At  its  meeting  on  September  27, 1988, the City Council
directed the City Attorney to prepare an ordinance establishing a
hearing officer procedure for  the conduct of hearings  involving
employee  terminations, suspensions, and  demotions.  In response
to this direction, the  accompanying ordinance has been  prepared
and is presented to the City Council for its consideration.

      Under  current  City  laws,  any  employee  who  has   been
terminated, suspended, or  demoted may  request a  hearing before
the Personnel Board.  Over  the years, the length  and complexity
of  hearings  before   the   Personnel   Board   has   increased.
Accordingly, the Personnel Board, City staff, and representatives
of employee organizations  agreed  that  a  procedure  should  be
established by which a  Hearing Officer hears evidence  and makes
recommendations to the Personnel Board.

      The accompanying ordinance adds Section 2106I to the  Santa
Monica Municipal Code. This Section provides that an employee can
request or agree to have a disciplinary matter heard by a hearing
officer.   This Section further sets forth the procedures for the
selection of hearing officers,  the conduct of hearings,  and the
action  of  the  Personnel  Board  in  response  to  the  hearing
officer's recommendation.

                         RECOMMENDATION

      It  is  respectfully  recommended  that  the   accompanying
ordinance be introduced for first reading.

PREPARED BY:  Robert M. Myers, City Attorney
              Lyn Beckett Cacciatore, Deputy City Attorney