Department of Health Services of Los Angeles Cty. v. Civil Serv. Comm'n

In these consolidated appeals, we are asked to construe two Los Angeles County Civil Service Rules. These rules provide procedures for “progressive discipline,” and ultimately for the discharge of county employees who do not perform satisfactorily in their employment and who fail to improve their performance after warnings.

The real parties in interest contend that rule 20.04, subdivision (A)(4) and (A)(5), read together, require that: (1) if an employee is given an “improvement needed” performance evaluation under subdivision (a)(4) and placed on a six-month program for individual improvement, then the employee must be evaluated again within six months; and (2) if the new evaluation is “unsatisfactory,” the employee must also be discharged within the same six months, or must automatically revert to a “competent” or higher performance rating.

The real party in interest in each appeal was discharged from employment with the County of Los Angeles and appealed her discharge to the Civil Service Commission of the County of Los Angeles (the Commission), claiming that the employer did not comply with rules 18.02,20.04(A)(4) and 20.04(A)(5). In each case the Commission ordered…