(a) Time of Hearing Notification. Upon receipt from an employee or officer in the classified service of the City of Mentor of a timely appeal from an order of removal, reduction in pay or position, or suspension for more than five working days, the Commission shall set a time and place to hear such appeal and shall notify the appropriate appointing authority, as well as the employee and his attorney, if known, thereof.
(b) Amendments to orders. Amendments to the orders of removal, reduction in pay or position or suspension for more than five working days may be made by the appointing authority at any time provided the employee and his attorney, if any, receive copies of the amended order prior to ten calendar days before the time set for the hearing as herein provided.
(c) Hearing Procedure. In the hearing of such appeals, the order of procedure shall be as follows:
(1) The appointing authority taking action affecting the employee shall adduce his evidence in support of the charges and specifications.
(2) The employee affected shall then produce such evidence as he may wish to present to refute such charges.
(3) The appointing authority may offer evidence in rebuttal. The Commission may, in its discretion, hear arguments.
(d) Rules of Evidence: Representation by Counsel. The production of evidence on the hearing of appeals and the Commission's decision thereof shall be governed in general by the rules of evidence, proof and burden of proof applied by courts in civil cases. The appellee and appellant may be represented by counsel.
(e) Resignation Before Final Action. The acceptance by the appointing authority of the resignation of a person discharged, before the final action by the Commission, will be considered a withdrawal of the charges. Notice of such resignation shall be submitted immediately to the Commission. The separation of the employee thus resigning shall be entered upon the records of the Commission and the proceedings dismissed without judgment.
(1969 Code 33.50)