(A) Applicability.
(1) The appeal procedure and Appeals Board as defined herein shall apply only to those permanent employees of the city who are not affiliated with a union or who do not have appeal rights under collective bargaining agreements. It shall not apply to department heads.
(2) Appeals to the personnel Appeals Board are limited to actions taken by departments to dismiss or suspend permanent employees or to demote for cause any permanent employee and such appeal may be made only after the employee has exhausted the administrative procedures within their department.
(B) Personnel Appeal Board. There shall be a Personnel Appeal Board consisting of five members. Members shall be appointed by the Mayor with the approval of the Aldermen for a term of three years and shall serve until their successors are appointed and qualified. Vacancies shall be filled for the unexpired term. The Mayor shall designate one member as Chairperson of the Board. Members of the Board shall serve without compensation. No member of the Board shall be a member of any partisan political committee, nor shall hold, or be a candidate for, any renumerative elective public office during their term of office and shall not be otherwise employed in any department of city government. One member of the Board shall be a member of the bar of this state. The Human Resources Director shall be ex officio Clerk of the Board.
(C) Initial appointments. Of the initial appointees one shall be appointed for a term of one year, one shall be appointed for a term of two years and one shall be appointed for a term of three years and thereafter, as appointments expire, all appointments shall be for a three-year term.
(D) Appeal procedure. Any permanent employee who has completed an initial probation period who is dismissed, demoted for cause or suspended may within ten work days after the final determination has been made within the department and/or board or commission on such dismissal, demotion, or suspension, appeal in writing to the Board for review thereof. Upon such review, both the appealing employee and the appointing authority whose action is reviewed shall have the right to be heard publicly. At the hearing of such appeal, the Board may establish reasonable rules of procedure and for the admission of evidence it deems advisable. If the Board finds that the action complained of was taken by the appointing authority on the basis of race, color, national origin, religion, sex, political affiliation, age, or handicap, the employee shall be reinstated to their former position without loss of pay. In other cases of dismissal, demotion for cause, or suspension under the provisions of this section, the Board may reinstate the employee or otherwise modify any order or make such order as it may deem just.
('71 Code, § 18-4.1) (Ord. passed 7-6-82; Am. Ord. passed 3-19-85)