(A) Notice. No police officer, including the Chief of Police, shall be demoted, removed or suspended with or without pay, unless notice and a copy of the written accusation or summary of the reasons why the demotion, removal or suspension with or without pay is being investigated, be given in writing to the police officer, including the chief, by personal service or by certified mail at least 24 hours prior to the hearing date. The notice shall provide the police officer with the following information:
(1) The date, time and location of the hearing;
(2) A copy of the written accusation or summary of the reasons why the investigation may lead to a demotion, removal or suspension with or without pay;
(3) The police officer shall be informed of his or her right to have an attorney or representative retained by him or her, present with him or her at all hearings or proceedings;
(4) The police officer shall be informed that he or she, or his or her attorney or representative, shall have the right to be heard and present evidence;
(5) The police officer shall be informed that he or she, or his or her attorney or representative, has the right to record all hearings or proceedings regarding the written accusation;
(6) The police officer shall be informed that the individual imposing the action is also authorized to record the hearing.
(B) Procedure for conducting initial hearing. At the initial hearing:
(1) The police officer shall have the right to have an attorney or representative retained by him present with him at the hearing;
(2) The initial questions will be asked by the individual imposing the action, and after the initial questioning, the police officer or his or her attorney or representative will have the right to be heard and present evidence;
(3) The attorney shall not have the ability to interfere or interrupt the questioning by the individual imposing the action, but shall be able to ask questions after the initial questioning is completed;
(4) This hearing may be recorded by either party.
(C) Appeal time limits.
(1) If, after the investigation, the individual imposing the action demotes, removes or suspends the police officer with or without pay, any police officer so demoted, removed, or suspended with or without pay, may within ten days after being notified of such demotion, removal, or suspension, file with the Municipal Clerk/Treasurer a written demand for an appeal hearing before the City Council. The City Council shall set the matter for hearing not less than ten nor more than 14 days after the filing of the written demand for a hearing. The City Council shall give the police officer written notice of the hearing not less than seven nor more than ten days prior to the hearing.
(2) No demotion, removal, or suspension with or without pay can take place until the appeal process has been exhausted except that nothing in this section shall be construed to prevent the preemptory suspension or immediate removal from duty of an officer by the appropriate authority, pending the hearing authorized by this section in cases of gross misconduct, neglect of duty, or disobedience or order.
(D) Appeal hearing.
(1) Each party must disclose the identity of witnesses and provide a copy of exhibits to the City Clerk at least three working days prior to the appeal hearing.
(2) At the appeal hearing, the police officer shall have the right to:
(a) Respond in person to the charges and to present witnesses and documentary evidence;
(b) Confront and cross-examine available adverse witnesses; and
(c) To be represented by counsel;
(d) Record all proceedings.
(3) At the appeal hearing, the individual imposing the action shall have the right to:
(a) To present evidence including witnesses and documentary evidence;
(b) Confront and cross-examine witnesses; and
(c) Right to be heard;
(d) To be represented by counsel;
(e) Record all proceedings.
(E) Standard of decision. The decision of the City Council shall be based upon its determination that, under the facts and evidence presented at the hearing, the challenged demotion, removal or suspension with or without pay was necessary for the proper management and the effective operation of the Police Department in the performance of its duties under the state statutes.
(F) Not later than 30 days following the adjournment of the meeting at which the hearing was held, the City Council shall vote to uphold, reverse, or modify the suspension, demotion, removal, or discharge. The failure of the City Councii to act within 30 days or the failure of a majority of the elected Councii members to vote to reverse or modify the suspension, demotion, removal, or discharge shall be construed as a vote to uphold the suspension, demotion, removal, or discharge.
(G) This section does not apply to a police officer during his or her probationary period.
(Neb. RS 17-107) (`77 Code, § 3-403) (Am. Ord. 2010-O-015, passed 12-27-10; Am. Ord. 2011-O-003, passed 3-21-11)