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IMPORTANT UPDATE TO CIVIL SERVICE RULE 9.20

Last month, the Civil Service Commission (the “Commission”) voted to amend Civil

Service Rule 9.20, which effectively removed the City’s obligation to hold pre-disciplinary

conferences for employees who are subjected to early stages of discipline. This change has

practical effects that every CSEA member should be aware of.

The Rule Change

Previously, Civil Service Rule 9.20 required the City to hold a pre-disciplinary

conference for any and all possible discipline. The prior Rule 9.20 provided as follows:

When any disciplinary action is contemplated as to an officer or employee in the classified

service, the appointing authority or the secretary of a board or commission in the City

service, shall give such officer or employee oral or written notice of the action

contemplated and an opportunity to respond.

With the amendment, Rule 9.20 now reads as follows:

When any discharge, suspensions or demotions is contemplated as to an officer or

employee in the classified service, the appointing authority or the secretary of a board or

commission in the City service, shall give such officer or employee oral or written notice of

the action contemplated and an opportunity to respond.

So, the amendment to Civil Service Rule 9.20 effectively means that employees facing

written warnings or other lower levels of discipline will no longer be entitled to a pre-

disciplinary conference and an opportunity to contest allegations before discipline is issued.

CSEA’s Opposition to the Rule Change

The CSEA strongly opposed this change throughout the rulemaking process. We

submitted formal objections to the Commission, and during the Commission’s April 24,

2026 meeting, we expressed our concerns regarding the impact this change will have on

fairness, due process, and the integrity of the disciplinary system.

As we argued before the Commission, written warnings and similar disciplinary actions

are not minor matters. These actions often become the foundation for progressive

discipline and may later be used to justify suspensions, demotions, or termination. Without

the opportunity for employees to respond at the earliest stages, factual errors or

misunderstandings may go unchallenged and remain on an employee’s record.

Despite these objections, the Commission changed the rule, and the new rule has now

become adopted and is final.

Knowing Your Rights Before a Pre-Disciplinary Hearing

The CSEA remains committed to protecting the rights of its members. Now that the

Civil Service Rules do not require a pre-disciplinary conference for all forms of potential

discipline, it is more important than ever to be aware of your pre-disciplinary rights.

Even though pre-disciplinary hearings may not be required for minor discipline, the

City is still required to permit employees to have legal representation during internal

investigations. Section 171.53 of the City’s ordinances still provides the following

protection:

…every employee in the service of the City shall have the right at all times to have present

and be represented by the counsel of his or her choice, including legal counsel, at any

disciplinary hearing, which includes all the formal or informal preliminary steps, stages or

levels of hearings, investigations, or interrogations of any kind, including but not limited to

the questioning of any employee, which may result in or lead to any disciplinary and/or

criminal charges being brought against any such employee.

Therefore, we strongly encourage members to contact the CSEA as soon as a workplace

issue arises, even if the City is merely investigating a possible performance and/or conduct

concern. The earlier the CSEA is aware of an issue, the earlier we can try to help.