In order to establish retaliation as an affirmative defense to an adverse personnel action, the employee must demonstrate that the employee's activity under this subchapter was protected activity and was the primary reason for the action the employee is grieving or appealing. The city may rebut this defense if it demonstrates that it would have taken the same action regardless of the employee's participation in the activity protected under this subchapter, and that the adverse personnel action was taken for legitimate business reasons.
(Ord. 2002-30, passed 4-18-02; Am. Ord. 2020-75, passed 11-5-20)