LOS ANGELES COMMUNITY COLLEGE DISTRICT
PERSONNEL COMMISSION
837
December 17, 1992
LAW AND RULES
837
APPEALS OF MEDICAL AND/OR PSYCHOLOGICAL DISQUALIFICATIONS FOR SERVICE
AS A SWORN PEACE OFFICER
Education Code Section 88081
88081. Subjects of Rules. (a) The rules shall provide for the procedures to be
followed by the governing board as they pertain to the classified service
regarding applications, examinations, eligibility . . . rejection of unfit applicants
without competition, and any other matters necessary to carry out the provisions
and purposes of this article.
Education Code Section 88130
88130. Powers of the Commission in Conducting Hearings, and Inspecting
Records of Governing Board. The Commission may conduct hearings,
subpoena witnesses, require the production of records or information pertinent to
investigation, and may administer oaths. It may, at will, inspect any records of
the governing board that may be necessary to satisfy itself that the procedures
prescribed by the commission have been complied with. Hearings may be held
by the commission on any subject to which its authority may extend as described
in this article.
* * *
A.
A conditional employee is a person who has been appointed from an eligibility list as a regular sworn
peace officer with employment conditioned upon successful completion of a medical and
psychological examination.
B.
In the event of a medical or psychological disqualification of a conditional employee, the Division of
Human Resources shall deliver to the rejected conditional employee by certified mail a written
statement which clearly sets forth the reason(s) for disqualification. The notification shall inform the
rejected conditional employee that the action is subject to administrative review by the Vice
Chancellor, Division of Human Resources or his/her designee.
An administrative review will be conducted only on the following grounds:
1.
That the procedures set forth in the Board of Trustees or Personnel Commission rules have not
been followed.
CHANGES:
Revises definition of persons qualified to avail themselves of the provisions of the rule.
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SERVICE AS A SWORN PEACE OFFICER
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LAW AND RULES
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December 17, 1992
That the action taken was not in accord with the facts.
A request for administrative review must be in writing and clearly state the basis for the
request. To be considered timely, the request must be received by the Division of Human
Resources within fourteen calendar days of the date that the notification of disqualification was
sent to the rejected conditional employee by certified mail.
C.
If the rejected conditional employee has medical, psychological, or other evidence of fitness for
service which he/she believes refutes the reason(s) for disqualification set out in the notice of
disqualification, he/she may submit any additional evidence which the rejected conditional employee
desires to have considered in the course of the review. Such medical or psychological evidence must
be from a Board certified medical or licensed psychological expert in the area of disqualification. The
cost of obtaining such evidence shall be borne initially by the rejected eligible. If in the
administrative review or subsequent appeal process the conditional employee is sustained, the District
will reimburse the conditional employee for reasonable and customary expenses incurred by the
conditional employee in obtaining pertinent medical or psychological evidence. When an
administrative review is requested, the Division of Human Resources shall review the request with
the District's medical or psychological consultant involved and prepare a decision within fourteen
calendar days after the receipt of the request. This time limit may be extended if there is an
explanation in writing to the rejected conditional employee of the need for additional time. The
Personnel Commission shall be provided a copy of such explanation.
D.
If the administrative review decision is favorable to the rejected conditional employee the Division of
Human Resources shall inform the rejected conditional employee and the Personnel Commission.
E.
If the administrative review decision is to sustain the rejection, the rejected conditional employee
shall be notified in writing in ordinary and concise language of the reason(s) for the decision. He/she
shall also be informed that the rejection is subject to written appeal to the Personnel Commission
within fourteen calendar days of the date that the decision was sent to the rejected conditional
employee. Such written decision shall be sent to the rejected conditional employee by certified mail.
The Personnel Commission shall be provided a copy of the notice.
F.
Appeal to the Personnel Commission can be made only on the grounds listed in Paragraph B., above.
Upon appeal, the appellant must specify the reason(s) the disqualification is erroneous. Such appeal
must be accompanied by written evidence from a Board certified medical or licensed psychological
expert in the area of disqualification.
CHANGES:
Provides for reimbursement of expenses incurred by a conditional employee in the administrative review
process under certain conditions.
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Add: December 17, 1992, Page 2 of 4
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SERVICE AS A SWORN PEACE OFFICER
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PERSONNEL COMMISSION
LAW AND RULES
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December 17, 1992
The cost of obtaining such evidence shall be borne initially by the appellant. If in the appeal process
the appellant is sustained, the District will reimburse the appellant for reasonable and customary
expenses incurred by the appellant in obtaining pertinent medical or psychological evidence.
G.
The Personnel Commission may refer the matter to a Medical or Psychological Review Expert. The
Medical or Psychological Review Expert's findings and recommendations shall be based on the
standards set forth in Board Rules and Regulations the publications of the Commission on Peace
Officer Standards and Training, "Medical Screening Manual, For California Law Enforcement," and
Psychological Screening Manual.
H.
The Medical or Psychological Review Expert shall establish his/her own procedure to consider the
matters referred to him/her. The appellant shall execute any necessary releases to permit the Medical
or Psychological Review Expert to access his/her full medical or psychological record. The Medical
or Psychological Review Expert may consult with medical or psychological experts representing the
District and/or the appellant. The Medical or Psychological Review Expert may also require the
attendance of the appellant and his/her medical or psychological expert and the District's
representative and medical or psychological expert. The cost of attendance of such medical or
psychological experts shall be borne by each of the respective parties. If the appellant is sustained,
the District will reimburse the appellant for reasonable and customary expenses incurred by the
appellant in the attendance of his/her medical or psychological expert. Expenses of a physical or
psychological examination initiated by the Medical or Psychological Review Expert shall be paid by
the appellant. If his/her appeal is sustained, he/she shall be reimbursed for such expenses by the
District.
I.
The Medical or Psychological Review Expert shall report his/her findings and recommendations to
the Personnel Commission no later than sixty calendar days from the date the case was referred to the
Medical or Psychological Review Expert. The Medical or Psychological Review Expert may request
in writing an extension of the sixty calendar day limit. The request shall include the reason for the
extension. The Personnel Commission will determine whether the extension is to be granted.
J.
After the Medical or Psychological Review Expert's findings and recommendations are received by
the Personnel Commission for consideration, the Division of Human Resources and the appellant will
be given ten calendar days notice prior to action by the Personnel Commission.
K.
The decision of the Personnel Commission shall be rendered in writing and shall include instructions
regarding any necessary action to be taken. Copies of the decision shall be sent to the Division of
Human Resources and the appellant.
CHANGES:
Changes procedures and responsibility of the Personnel Director in the appeal process.
Remove: October 29, 1987, Page 3 of 4
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SERVICE AS A SWORN PEACE OFFICER
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LAW AND RULES
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December 17, 1992
The adding of an appellant's name to an employment list shall not invalidate appointments made from
such list from the time the list was established until the name was restored or added.
Expenses for the services of a Medical or Psychological Review Expert shall be borne by the District.
CHANGES:
Revises procedures relative to the appeal process.
Remove: October 29, 1987, Page 4 of 4
Add: December 17, 1992, Page 4 of 4
APPEALS OF MEDICAL AND/OR PSYCHOLOGICAL DISQUALIFICATIONS FOR
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SERVICE AS A SWORN PEACE OFFICER
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