(a) A hearing shall be set by the Manager to be held no less than thirty days nor more than forty-five days after the Council meeting at which the investigation report is given and probable cause to proceed is found.
(b) The Manager may grant continuances at the request of the respondent, the complainant or the Council, or upon his or her own volition, if the interest of justice so requires. Such requests must be in writing and filed with the Manager no later than seven days prior to the scheduled hearing. Such a request shall contain a brief written statement setting forth the reasons for the requested continuance. Each continuance granted by the Manager shall be to a date certain, not to exceed forty-five days after the previously scheduled hearing.
(c) All hearings under this section shall be held in private executive session pursuant to Ohio R.C. 121.22, unless the respondent requests a public hearing, in which case the hearing shall be held in public.
(d) A record of all hearings shall be made, and the parties shall have the rights described in Section 208.04(d) through (f).
(e) The Council may appoint one of its members as presiding officer or may appoint as such officer any attorney at law licensed to practice in the State, whether or not that attorney is a member of Council. The activities of such a non-Councilmember presiding officer shall be limited to the administration of the hearing and decisions regarding the procedure at the hearing. The Manager shall present the evidence against the respondent to the complainant or may delegate this task to an attorney named by the Manager for this task.
(f) All testimony given at any such hearing, whether public or in executive session, shall be taken under oath. The presiding officer shall conduct the hearing so as to afford due process of law to the respondent and the complaining party.
(g) Council shall serve as the hearing body in all investigations. Its decisions shall be final, and there shall be no administrative appeal from any decision or recommendation of Council made in such capacity.
(Ord. 11-87. Passed 5-18-87.)