The Commission shall hear the evidence upon the charge and specifications as filed with it by the appointing authority. No material amendments of, or additions to the charges or specifications will be considered by the Commission. The proceedings shall be as informal as is compatible with the requirement of justice.
(A) Order of proof. The order of proof shall be as follows. The appointing authority shall present his evidence in support of the charges. The appellant shall then produce such evidence as he may wish to offer in his/her defense. The parties in interest may then offer rebuttal evidence. The Commission in its discretion may hear arguments.
(B) Evidence and counsel. The admission of the evidence shall be governed by the rules applied by the courts in civil cases. The Commission shall have the power to subpoena and require the attendance of witnesses and the production of pertinent documents, and to administer oaths. The appointing authority may be represented by the City Solicitor or other legal counsel. The appellant may also be represented by legal counsel, and the Commission shall, after due consideration, render its judgment affirming, disaffirming, or modifying the action of the appointing authority.
(C) Failure of parties to appear. If the employee removed shall fail to appear at the time fixed for the hearing, the Commission shall hear the evidence and render judgment thereon. If the appointing officer shall fail to appear at the time fixed for the hearing, and if no evidence be offered in support of his/her charge or charges, the Commission may render judgment as by default or may hear evidence offered by the removed employee and render judgment thereon, and the Commission shall forthwith notify the appointing authority and the removed employee of its judgment.
(Ord. 16-1970, passed 3-2-70; Am. Ord. 04-2012, passed 5-7-12)