(a) Time of hearing; notification. Upon receipt from an employee or officer in the classified service of the City of a timely written appeal from an order of removal, reduction in pay, demotion or suspension for more than five working days, the Commission shall set a date, time, and place to hear such appeal and shall notify the appropriate appointing authority, the employee and attorney, if known. The date of the hearing may be rescheduled to a later date upon written request of the employee or legal counsel.
(b) Amendments to the employee’s orders. Amendments to the orders of removal, reduction in pay, demotion or suspension for more than five working days may be made by the appointing authority at any time, provided the employee and his or her attorney, if any, receive copies of the amended order more than ten calendar days before the date set for the hearing as herein provided.
(c) Hearings, procedure. In the hearing of such appeals, the order of procedure shall be as follows:
(1) The appointing authority taking action affecting the employee shall present evidence in support of the charges and specifications.
(2) The employee affected may then present evidence to refute such charges.
(3) The appointing authority may offer evidence in rebuttal.
(4) The Commission may, in its discretion, hear arguments.
(d) Rules of evidence; representation by counsel. The production of evidence at the hearing of appeals and the Commission's decision thereof shall be governed in general by the rules of evidence, proof and burden of proof applied by courts of the State of Ohio in civil cases. The appointing authority and employee may be represented by counsel.
(e) Resignation before final action. The acceptance by the appointing authority of the resignation of a person discharged, before the final action by the Commission, will be considered a withdrawal of the charges if accepted by the appointing authority. Notice of such resignation, shall be submitted immediately to the Commission. The separation of the employee shall be entered upon the records of the Commission as a resignation and the proceedings dismissed without judgment.
(R.C. § 124.34)
(Ord. 2090. Passed 12-13-01.)