Cal. Code Regs. tit. 9, § 30515 – Appeal of Grievance Against an Employee--Adverse Action.

(a) The outside neutral person shall be acceptable to the ward, employee, and superintendent/regional administrator.
(b) The outside neutral person shall handle confidential information in a manner prescribed by the Department.
(c) The hearing shall be closed to all persons except the parties to the grievance, their representatives, authorized witnesses, and other persons with a legitimate interest as determined by the outside neutral person.
(d) The superintendent/regional administrator has the responsibility to defend the sufficiency of the investigation and subsequent findings.
(e) Hearings regarding finding of fact shall not involve mediation or negotiation. The outside neutral person shall make an independent finding based solely on the facts presented.

A ward or staff member may appeal the decision on a adverse action grievance against an employee to an independent review. Except for the specific differences described in this section, all aspects of the independent review of a grievance against an employee which may result in adverse action shall be handled in the same manner as other grievances. The differences are:

Note: Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752 and 1766.5, Welfare and Institutions Code; and Section 19570, Government Code.

History

1. Change without regulatory effect renumbering title 15, section 4105 to title 9, section 30515 filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7).