Hearings

Procedures for Appeals and Requests for Hearing to the Civil Service Board

These procedures are established to provide a consistent and uniform framework for the expeditious processing of appeals and requests for hearings before, the Civil Service Board.

Appellate duties as delineated in Ordinances 8979, 11777, the Personnel Manual - Civil Service Board and the Personnel Rules and Procedures of the Port of Oakland include the authority of the Civil Service Board to conduct hearings. Per Rule 10 of the Personnel Manual, permanent classified employees shall have the right to appeal from the final notice of discipline involving suspension, fine, demotion or discharge. The notice of appeal must be received by the Secretary to the Board (the Personnel Director) within ten (10) working days from the date the final notice of discipline was served to the employee.

Per Rule 6 of the Personnel Manual, probationary [classified] employees shall have the right to appeal from probationary release provided the employee has not been appropriately evaluated or released in compliance with the rules. The notice of appeal to a probationary termination must be filed in the office of the Personnel Director within 5 working days of notice of termination; the appointing authority must submit a response to the appeal within 7days of the notice of appeal.

Timely appeals shall be submitted to the Civil Service Board for it's consideration. The Board shall decide whether it shall hear the appeal itself or whether the appeal shall be heard by an independent Hearing Officer. Unless the appellant requests a public hearing in writing, hearings shall be closed to the public.

The Board has the power to sustain, overrule, reduce or, consistent with due process, modify the discipline, award back pay and determine the extent of back pay to be awarded, if any, based on the circumstances, and take any other appropriate action.

Procedures for Appellants are provided to assist in the filing of appeals and requests for hearing before the Civil Service Board. For procedures germane to your union please refer to the appropriate Memorandum of Understanding (M.O.U.):