(A) A nonprobationary employee who has been suspended without pay for more than five days, demoted for disciplinary reasons, or discharged may appeal the discipline to the Personnel Board within 15 days of the occurrence of the disciplinary decision. The appeal shall be in writing and shall be submitted to the City Clerk with a copy to the employee's department head.
(B) The written appeal shall include:
(1) The employee's name, department, position, and immediate supervisor;
(2) The discipline imposed and a brief summary of the offense for which the discipline was imposed; and
(3) The reason the employee disagrees with the discipline.
(C) The City Clerk shall refer the appeal to a Personnel Hearing Officer who shall set the matter for an evidentiary hearing. The Hearing Officer shall prepare and submit to the Board and the parties a report containing a summary of the evidence taken at the hearing and proposed findings of fact. The city and the employee may submit exceptions to the Hearings Officer's report and written argument within the time allowed by the Board's procedural rules.
(D) The Board shall render a decision that shall include findings of fact and conclusions of law consistent with the evidence. The proceedings before the Personnel Board shall be limited to consideration of the Hearing Officer's Report, any written submissions of the parties, and, at the Board's option, oral argument by the parties concerning the evidence admitted at the hearing. The Board shall not hear any testimony. A tie vote upholds the recommendation of the Hearing Officer.
(E) The Board may take one of the following actions:
(1) Accept the recommendation of the Hearing Officer by accepting the Hearing Officer's Proposed Findings of Fact and entering conclusions of law consistent with the findings;
(2) Reverse or modify the recommendation of the Hearing Officer by making its own Findings of Fact consistent with the evidence and entering conclusions of law consistent with the findings; or
(3) Remand the matter to a Personnel Hearing Officer for further hearing.
(F) The employee or the city may appeal the decision of the Personnel Board to the District Court within 30 days after the date of the decision by following the Rules of Civil Procedure for the District Courts. The decision shall be affirmed unless the decision is found to be:
(1) Arbitrary or capricious and unsupported by substantial evidence;
(2) In violation of applicable constitutional provisions or otherwise illegal; or
(3) In excess of the statutory authority or jurisdiction of the Board.
(G) The Personnel Board shall promulgate rules of procedure for hearings before Personnel Hearing Officers and its own meetings.
(H) The Personnel Hearing Officers have the power to administer oaths, subpoena witnesses and compel the production of documents pertinent to any hearing authorized by this article. As a condition of employment, employees may be required to appear as witnesses in hearings. Refusal to testify in an appeal hearing under this article is grounds for disciplinary action. An employee who files an appeal and refuses to appear or participate in the appeal process at any formal stage forfeits any further right to continue that appeal.
(I) An employee who appeals a disciplinary action shall be free from discrimination, restraint, coercion or reprisal by any supervisor or employee. However, appealing or showing an intention to appeal does not relieve any employee in any way of his or her responsibility to perform his or her assigned duties promptly, efficiently and completely.
(Ord. 29-1998; Am. Ord. 2023-015)