The Judge of the Municipal Court shall serve, ex officio, as the Administrative Hearing Examiner of the City and in such capacity shall preside over:
(a) All predisciplinary probable cause hearings for municipal employees as may be required by the Codified Ordinances of the City or by applicable State and Federal law;
(b) All hearings held pursuant to Section 779.19 of the Codified Ordinances of the City; and
(c) All other hearings as he or she may from time to time be requested to conduct by the Mayor.
The Administrative Hearing Examiner shall not be bound by either the usual common law or statutory rules of evidence, nor the West Virginia Rules of Evidence. The Administrative Hearing Examiner may, in his or her discretion, consider such relevant evidence as may be adduced before him or her (including hearsay evidence) and give to it such weight and credit as he or she deems to be proper. The Administrative Hearing Examiner shall have the power to issue subpoenas to require attendance of witnesses at any hearing.
The Administrative Hearing Examiner upon the conclusion of any such hearing shall make such recommendations as may be required or as he or she may deem proper to the Mayor and the appropriate department head. Any such recommendations shall be advisory only and shall not be binding upon either the City or any other party. In all predisciplinary probable cause hearings for municipal employees the Administrative Hearing Examiner shall specifically find whether or not probable cause exists for the proposed disciplinary action to be taken.
The City shall pay the Administrative Hearing Examiner reasonable compensation, plus actual expenses, for his or her services in the preparation for and holding of all hearings. Any such compensation shall be charged to the department of the City for which such hearing is held.
The Administrative Hearing Examiner shall conform his or her conduct to the requirements of the Judicial Code of Ethics adopted by the West Virginia Supreme Court of Appeals on December 20, 1972, and all subsequent amendments or revisions thereto. In the event the Administration Hearing Examiner shall be so disqualified he or she shall recuse him or herself in writing, whereupon the Mayor shall appoint an Acting Administrative Hearing Examiner with all powers and duties herein granted.
(Ord. 0-682. Passed 1-26-93.)