(A) The individual to whom a warning or exclusion notice is issued shall have the right to an appeal from the issuance of the notice.
(B) A notice of appeal of a warning notice or an exclusion notice must be filed, in writing, with the cultural and community services director within five calendar days of the issuance of the warning or exclusion notice. The notice of appeal shall state the following:
(1) The appellant's name;
(2) The appellant's address and a telephone number where he or she can be reached;
(3) A concise statement as to why the appellant believes that the issuance of the warning notice or the exclusion notice was invalid or unjustified; and
(4) A copy of the warning notice or exclusion notice shall be attached.
(C) A hearing on the appeal shall be held no more than 15 calendar days after the filing of the appeal, and no one except the cultural and community services director may postpone the hearing date at the request of the appellant or the library staff for good cause. The appellant shall be provided notice of the hearing date, time, and location at least five calendar days prior to the hearing date. The hearing shall afford a reasonable opportunity for the appellant to be present and present evidence that the warning notice or exclusion notice is invalid or unjustified.
(D) Copies of all library staff documents to be used by the library staff at the hearing shall be made available to the appellant at least five calendar days prior to the hearing.
(E) At the hearing on the appeal, the library staff shall have the burden to show by a preponderance of evidence that the warning notice or exclusion notice was based on, and justified by, a violation of the rules of conduct described in section 7-272. The cultural and community services director shall conduct the hearing in an informal fashion and shall not be bound by the technical rules of evidence.
(F) Within 30 calendar days of the conclusion of the hearing, the library manager shall issue and mail the appellant a written decision containing a statement of the reasons on which the decision is based. The written decision shall include a notice that the parties have 90 days to pursue a petition for a writ of administrative mandamus of the decision under Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6. The library manager shall serve a copy of such decision to the city manager. The decision of the cultural and community services director shall be final.
(Ord. No. 2888, 2955)