Any city employee, upon request, shall be entitled, as hereinafter provided, to establish that he did not violate the provisions of this subchapter.
(A) Such request must be filed in writing with the City Manager, within ten days after service of notice of termination as specified above.
(B) Whereupon the Manager shall within ten days commence an administrative hearing before himself, or his designated hearing officer, at which hearing such employee shall be entitled to be heard for the purpose of determining whether the provisions of this subchapter have been violated by said employee.
(C) All parties shall have an opportunity to present evidence and argument on all issues involved, to conduct cross-examination and submit rebuttal evidence, and to be represented by counsel.
(D) All testimony shall be under oath, the hearing officer shall swear all witnesses, and either party shall have the right to take and preserve a transcript and record of said hearing.
(E) Irrelevant, immaterial or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of the state.
(F) Said hearing officer shall reach written findings of fact, based exclusively on the evidence of record and on matters officially recognized, and shall render written judgment on whether or not said employee had violated the terms of this subchapter.
(G) All employees whom the City Manager or the hearing officer, as the case may be, determines not to have violated the terms of this subchapter shall not be subject to any of the sanctions of this subchapter.
('72 Code, § 2-37) (Ord. O-75-114, passed 11-5-75)