SECTIONS 12161-12167 - California Statutes

PUBLIC UTILITIES CODE

SECTION 12161-12167

12161. No person employed under civil service provisions of this
division or of any rules and regulations adopted pursuant thereto in
a permanent position shall be removed, discharged, or suspended
except for cause.

12162. Removal or discharge may be made for any of the following
causes: incompetence, habitual intemperance, immoral conduct,
insubordination, discourteous treatment of the public, dishonesty, or
inattention to public service.

12163. The department or division head may for disciplinary
purposes suspend a subordinate for a period of not exceeding 15 days
and suspension shall carry with it a loss of salary for the period of
suspension.

12164. Within five days after the mailing of written notice of
removal, discharge, or suspension, any employee may file a written
request with the general manager for an opportunity to be heard in
his own defense or, at the employee's option, may utilize a grievance
procedure if the district and a recognized employee organization
have agreed after meeting and conferring in good faith pursuant to
Section 3505 of the Government Code that a grievance procedure may be
used in disciplinary proceedings involving removals, discharges, and
suspensions as an alternative to the procedure provided for in
Sections 12165 and 12166.

12165. When such request is made the general manager shall
immediately appoint from officers or assistant officers of the
district (other than elected officials), or heads of departments or
divisions, a committee of three to hear and determine such charges
and shall notify the person accused of the time and place when the
charges will be heard by mailing a notice to his last known address.

12166. The committee shall examine into the case and make such
decision as it deems just and may among other things order the
employee discharged, suspended, or reinstated. Its order or decision
shall be final unless the employee within 10 days after the date of
the order requests the general manager to review the order, in which
event the general manager may require any additional evidence he
deems material, and his order or decision, with or without such
additional evidence, shall be final.

12167. Nothing in the civil service provisions of this division
deprives any person of his rights and remedies in a court of
competent jurisdiction.