California Government Code

Sec. § 71653


Subject to meet and confer in good faith, each trial court shall establish in its personnel rules a process for conducting an evidentiary due process hearing to review disciplinary decisions that by law require an evidentiary due process hearing, which shall include, at a minimum, all of the following elements:

(a)

A procedure for appointment of an impartial hearing officer who shall not be a trial court employee or judge of the employing court.

(b)

The hearing shall result in an appropriate record with a written report that has findings of fact and conclusions that reference the evidence.

(c)

The employee and trial court shall have the right to call witnesses and present evidence. The trial court shall be required to release trial court employees to testify at the hearing.

(d)

The hearing officer shall have the authority to issue subpoenas for the attendance of witnesses and subpoenas duces tecum for the production of books, records, documents, and other evidence as provided in Section 1282.6 of the Code of Civil Procedure.

(e)

The employee shall have the right to representation, including legal counsel, if provided by the employee.

(f)

If the hearing officer disagrees with the trial court’s disciplinary decision, the trial court shall furnish a certified copy of the record of proceedings before the hearing officer to the employee or, if the employee is represented by a recognized employee organization or counsel, to that representative, without cost.
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Last accessed
Jun. 6, 2016