The appointed hearing officer shall convene a hearing within sixty (60) days of appointment, unless a later hearing date is agreed upon by the parties.
The parties may propound reasonable requests for discovery in advance of the hearing. Discovery disputes shall be submitted to the hearing officer for resolution. Failure to respond to a proper discovery request may, at the discretion of the hearing officer, result in the exclusion of evidence or other sanctions.
At the hearing, formal rules of evidence shall not apply. The hearing officer may make evidentiary rulings as necessary to ensure the hearing is fair to both parties. The parties shall have the opportunity to cross examine all witnesses and provide rebuttal evidence. All testimony shall be under oath. In addition, the hearing officer may adopt any additional procedural rules not inconsistent with this section.
The burden of proof at the hearing shall be as follows:
A. It shall be the appellant's initial burden to establish: (1) the appellant disclosed improper governmental action: (2) reprisal or retaliatory action, or another violation of this Chapter, was taken against the appellant in whole or in part because of the appellant's disclosure of improper governmental action: (3) said reprisal or retaliatory action, or other violation of this Chapter, was taken within two (2) years of the disclosure of improper governmental action: and (4) the appellant was an officer or employee of Lyon County at the time of the reprisal or retaliatory action or violation.
B. If the appellant meets this burden, the burden shall shift to the employer to establish: (1) it did not engage in the alleged reprisal or retaliatory action or other violation of this chapter; or (2) the alleged reprisal or retaliatory action was taken for other legitimate, non-retaliatory reasons.
C. If the employer meets this burden, the burden shall shift back to the appellant to establish that the employer's reason is unworthy of credence and is pretext for the reprisal or retaliatory again, or other violation of this Chapter. (Ord. 546, 2-17-2011; amd. Ord. 612, 5-7-2020)