(A) The Personnel Board shall hold a hearing within 20 days after the filing of any request for appeal, pursuant to § 37.11.
(B) (1) The Board shall rule on questions of admissibility of evidence, competency of witnesses or evidence. The hearing shall be informal and shall be conducted in accordance with rules of evidence normally following by administrative tribunals and without formal or technical adherence to those rules applicable in a court of law.
(2) The burden of proof shall be upon the authority from whose action the appeal is taken and no disciplinary actions shall be approved unless sustained by a preponderance of the evidence.
(C) If, after a hearing before the Board, the employee is found to be discharged, demoted or suspended without sufficient cause, he or she shall be restored to his or her former position without loss of pay. If, after hearing the evidence, the Board shall find cause for disciplinary action, it may approve or modify the action taken by the disciplinary authority.
(D) The findings of fact and decision of the Personnel Board shall be reduced to writing.
(E) Appeals from the Personnel Board may be taken by the city or by the employee to the District Court of the county by filing with the City Clerk a written notice of appeal within 30 days of the final decision of the Personnel Board. The appeal to the District Court shall be on the record of the proceedings before the Personnel Board and shall not be de novo appeal.
(Prior Code, § 2-217) (Am. Ord. 1333, passed 6-18-85)