(a) The human resources department shall make all reasonable efforts to ensure that at all times the department maintains a roster of at least three neutral, third-party hearing officers who meet the requirements of this section and who have agreed to preside over disciplinary appeal hearings if available and requested to do so.
(b) In determining whether to appoint an individual to the roster of hearing officers, the human resources department shall consider the individual’s training and experience and shall endeavor to select individuals who: are familiar with legal requirements applicable to employers and employees as well as the city’s Personnel Rules and Regulations; have good analytical skills; have prior experience conducting administrative hearings or similar quasi-judicial proceedings; have experience issuing written findings of fact based on the evidence introduced; have experience issuing recommendations or orders applying law or policy to adduced facts; and have a demonstrated ability to write clearly and concisely and to put in writing how those facts show compliance with or violation of the law or policy at issue. A hearing officer may request to be removed from the roster. In addition, the director of the human resources department or that individual’s designee may, in his or her sole discretion, remove a hearing officer for any reason, including, but not limited to, demonstrating bias, failing to comply with all applicable requirements of this section and the Personnel Rules and Regulations, cancelling or postponing hearings without providing the department and the parties adequate advance notice, failing to meet deadlines, or producing written recommendations that do not demonstrate the skills and abilities described above.
(c) In selecting among qualified hearing officer candidates, the director of the Human Resources Department or that person’s designee shall take into account the composition of the city’s workforce and shall endeavor to provide a roster that is fairly representative of both sexes and of the various racial groups that comprise the employees of the city.
(d) An individual may not serve as a hearing officer if the individual or the individual’s spouse or domestic partner is otherwise being compensated by the city in exchange for serving as an official, employee, temporary contract laborer or vendor.
(e) (1) A hearing officer is disqualified to hear an appeal, and shall disclose to the Human Resources Department in writing, if the hearing officer is:
a. Acting in place of a parent for;
b. In a domestic partner relationship with; or
c. Related within the second degree by consanguinity or affinity to any of the following individuals: the employee; the department head or designee who imposed discipline; or any witness.
(2) A person is related within the second degree by consanguinity to the person’s parents; grandparents; children; grandchildren; and the person’s aunts, uncles, cousins, nieces, and nephews related by blood or adoption. A person is related within the second degree by affinity to the person’s spouse; step-parents; step-grandparents; stepchildren; step-grandchildren; parents-in-law; children-in-law; and the person’s aunts, uncles, cousins, nieces and nephews related by marriage.
(f) A hearing officer is intended to serve as neutral third party with no allegiance or ties to the city or the employee. The human resources department shall advise each hearing officer of the hearing officer’s duty of impartiality. The department may, in its discretion, require a hearing officer to issue an oath affirming awareness of and commitment to this duty.
(g) The human resources department shall establish and implement a written process for maintaining the roster and assigning hearing officers to ensure hearing officers are assigned on an impartial, rotating, random basis and to ensure that neither party is allowed to request assignment or non-assignment of a particular hearing officer or to otherwise attempt to influence the hearing officer assignment process.
(h) A hearing officer shall preside over the assigned disciplinary appeal hearing and shall have the power and authority to administer oaths; to admit or exclude evidence; to issue orders compelling the attendance of witnesses and the production of documents; to issue other orders reasonably necessary for the fair, impartial and efficient conduct of the assigned disciplinary appeal hearing; and to issue findings and recommendations in accordance with § 2-182.
(Ord. 21197-04-2014, § 4, passed 4-15-2014, eff. 4-25-2014)