Municipal Code, Complete - City of Santa Barbara

(h) Burden of Proof. In hearings on discharges, reductions, or suspensions, the burden of proof shall be on the
appointing power. In all other types of hearings the burden of proof shall be on the petitioner.
(i) Exclusion of Witnesses. The Board may at its discretion exclude witnesses not under examination, except
the Personnel Director, the petitioner or person to be discharged or reduced, the appointing power and counsel.
(j) Appearance of Petitioner. The appearance of the petitioner shall be required at all hearings, provided,
however, the Hearing Board shall have discretion to consent to the absence of the petitioner upon a showing of good
cause therefor.
Unexcused absence of the petitioner at such a hearing may, in the discretion of the Hearing Board, be deemed a
withdrawal of the petition and consent to the action or ruling from which the appeal was taken.
(k) Findings and Decision. If the hearing, as hereinbefore described, is not before the full Board, the Hearing
Board shall submit a written or oral report to the full Board for its approval. If the Board accepts such report, it need
not read the record of the hearing. If the Board declines to accept such report, it must read the record or hold a
hearing de novo.
The Board may either adopt the report made by the Hearing Board and reduce the same to writing to serve as
findings, or it may draft its own findings. The findings shall not be signed by the Board until five (5) business days
after they have been posted to the petitioner. Notice of the decision and findings of fact and conclusions of law shall
be mailed promptly to the petitioner. The petitioner shall have five (5) business days after the Board mails the
findings of fact and conclusions of law to object in writing to said findings of fact and conclusions of law.
If objections to the findings are filed with the Board within the time specified above and the Board believes that
the objections or parts thereof have validity, then the Board may amend said findings, or take such further action as it
deems appropriate.
If no objection to said findings and conclusions is received by the Board within said five (5) business days, the
findings and conclusions and decision shall be final and conclusive.
(l) Report of Hearings. Hearings on discharges, reductions, and suspensions shall be conducted with a
stenographic reporter and whenever possible a mechanical recording machine.
(m) Transcripts of Hearings. Transcripts of hearings shall be furnished to any person on payment of the cost of
preparing such transcripts.
(n) Continuances. The Hearing Board may grant a continuance of any hearing upon such terms and conditions
as it may deem proper, including in its discretion the condition that the petitioner shall be deemed to have waived
salary for the period of the continuance, if the continuance is at the petitioner's request. Any request for continuance
made less than twenty-four (24) hours prior to the time set for the hearing will be denied unless good cause is shown
for the continuance.
(o) Class Actions. The Board may, at its discretion, grant to any two (2) or more persons whose appeals are
heard pursuant to this chapter, or to the appointing power, the right to consolidate such appeals as a class action.
The granting of authority for such class action shall be contingent upon showing by petitioners or their
representatives or by the appointing power that the appeals in question present common questions of fact and law, and
the separate hearings upon such appeals would result in unnecessary multiplicity of hearings before the Board of its
appointed hearing officers.
Any petitioner who would otherwise be included in a proposed class action hearing shall have the right to appear
before the Board and request that his appeal be heard separately from appeals involved in the class action. Such
request must be filed with the City Clerk not less than five (5) days prior to the date set for the consolidated hearing
and may be denied by the Board if it determines that good cause does not exist for holding a separate hearing. (Ord.
3713 §1, 1974.)
3.16.450 Investigations.
(a) Authority. Pursuant to Section 808(c) of the Charter the Board shall have the power, upon request of the
City Council or upon its own motion, to make investigations concerning the administration of personnel or conditions
of employment in the municipal service and report its findings to the City Council and City Administrator.
(b) Procedures. When an investigation is initiated, either by City Council request or by the Board's own motion,
the Board shall initially take the following actions:
1. Direct the Personnel Director to investigate the matter and report his findings to the Board; or
2. Direct one (1) or two (2) of its members to investigate the matter and report their findings to the full
Board.
Except as provided hereafter, the Board shall accept the findings of either of the above and forward it to the City
Council and the City Administrator. In the event that the report received by the Board from either of the above is
determined by the Board to be incomplete or unsatisfactory, the Board as a whole may conduct its own investigation
and forward its findings to the City Council and the City Administrator. (Ord. 3713 §1, 1974.)
53-1 rev. 6/30/07