(A) Right to appeal. Permanent employees shall have the right to appeal any of the following disciplinary actions to the Civil Service Commission:
(1) Suspension.
(2) Salary reduction.
(3) Demotion.
(4) Dismissal.
(B) Method of appeal. Appeals shall be in writing, signed by the appellant or his representative and filed with the Personnel Officer within 15 days after the appellant has been notified in writing of the final decision with respect to his or her disciplinary action. The Personnel Officer then, within ten days after receipt of the appeal shall inform each member of the Civil Service Commission, the City Manager and such other persons or officers named or affected by the appeal. The appeal shall be a written statement, addressed to the Civil Service Commission, explaining the matter appealed from and setting forth therein a statement of the action desired by the appellant. The formality of a legal pleading is not required. The appellant, in his or her appeal, shall indicate whether he or she desires an open or closed hearing before the Civil Service Commission. A request for a closed hearing shall be approved in accordance with division (E) of this section.
(C) Notice. Upon the filing of an appeal, the Personnel Officer shall set a date for a hearing on the appeal which date shall not be less than ten days nor more than 30 days from the date of filing. However, such time limits may be waived upon the mutual consent of the appellant and the Personnel Officer. The Personnel Officer shall notify all interested parties of the date, time and place of the hearing.
(D) Hearing. The appellant shall appear personally, unless physically unable to do so, before the Civil Service Commission at the time and place of the hearing. He or she may be represented by any person he or she may choose and present any relevant evidence. Cross-examination of witnesses shall be permitted. The conduct and decorum of the hearing shall be under the control of the President of the Civil Service Commission, with due regard to the rights and privileges of the parties appearing before the Civil Service Commission. Hearings need not be conducted according to technical rules relating to evidence and witnesses. Proceedings of the hearings shall be recorded by a certified shorthand reporter at the city’s expense; however, transcription expenses shall be paid by the party requesting the transcript.
(E) Public hearings. Hearings conducted by the Civil Service Commission shall be public. However, such hearings shall be conducted in private if they pertain to the appointment, employment or dismissal of a classified employee or pertain to the hearing of a complaint or charge brought against an officer or employee of the city, unless such officer or employee requests a public hearing. The Civil Service Commission may exclude from any such public or private hearing, during the examination of a witness, any or all other witnesses in the matter being investigated. The hearing need not be conducted according to technical rules relating to evidence and witnesses.
(F) Order of proof. The procedures in any appeal hearing shall be as follows:
(1) Opening statements.
(2) The city shall present evidence in support of its position.
(3) The employee shall present evidence in support of his or her position.
(4) The parties may then offer rebuttal and sur-rebuttal evidence, respectively.
(5) All evidence must be relevant and material to the issues, and the Civil Service Commission’s decision concerning the relevance or materiality of evidence shall be final.
(6) Following the presentation of evidence, each side shall be permitted to argue the case to the Civil Service Commission. The order of arguments shall be as follows:
(a) The city shall be permitted to present its opening argument;
(b) The employee, or his or her representative, presents an argument;
(c) The city shall be permitted to present a final argument.
(7) The burden of proof on establishing the charges is upon the city.
(8) The burden of proof is by a preponderance of the evidence.
(G) Findings and action. Within 30 days after conclusion of a hearing, the Civil Service Commission shall submit its findings and decisions in writing to the City Manager and the appellant. Such findings and decisions shall be final.
(‘86 Code, § 2.48.180) (Ord. 3898, passed - - ; Am. Ord. 4671, passed 5-26-15)