A. The right to appeal to the City Manager shall terminate upon the expiration of fifteen calendar days from the date of deposit in the U.S. mail (postage prepaid, first class), or from personal service of the above Notice. The appeal shall be personally delivered to or sent by U.S. mail (postage paid, first class), to the Chief of Police.
B. In the event an appeal is timely filed, the suspension or revocation shall not become effective until a final decision has been rendered by the City Manager. If no appeal is filed, the suspension or revocation shall become effective upon the expiration of the period for filing appeals.
C. The City Manager shall set a date, time and place for a hearing on appeal and shall notify the appellant of such date, time and place of the hearing. Said notice shall be sent by certified mail with proof of service attached, to the appellant, applicant or permittee at least ten calendar days prior to the date of the hearing, addressed to the address listed on the respective application or, the address given in the notice of appeal. The appellant, applicant or permittee shall be entitled to notice of the basis for the proposed action, a copy of the documents upon which the Notice was based and will have the opportunity to present contrary evidence at the hearing.
D. The City Manager, in his sole discretion, may grant or deny a request for a continuance.
E. The City Manager shall preside over the hearing on appeal or, in the alternative, the City Manager may appoint a hearing officer to conduct the hearing and receive relevant evidence. The City Manager or his designee shall render a written decision within forty-five (45) calendar days from the date of the hearing. The decision of the City Manager or his designee shall be final.
F. The following rules of evidence shall apply at the hearing:
1. Oral evidence shall be taken only under oath or affirmation. The City Manager or designee shall have authority to administer oaths, and to receive and rule on admissibility of evidence.
2. Each party shall have the right to call and examine witnesses, to introduce exhibits, and to cross-examine opposing witnesses who have testified under direct examination. The City Manager or his or her designee may also call and examine any witness.
3. Technical rules relating to evidence and witnesses shall not apply to hearings provided for in this chapter. Any relevant evidence may be admitted if it is material and is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Hearsay testimony may be admissible and used for the purpose of supplementing or explaining any evidence given in direct examination, but shall not be sufficient in itself to support a finding unless such testimony would be admissible over objection in civil actions. The rules of privilege shall be applicable to the extent they are now, or are hereafter permitted in civil actions. Irrelevant, collateral, undue, and repetitious testimony shall be excluded. (Ord. 3020 § 21, 2002: Ord. 2967 § 1 (part), 2000).