(A) Time of hearing; notifications. Upon receipt from an employee or officer in the classified service of the city or the City School District of a timely appeal from an order of removal, reduction in pay or position, suspension of more than three days, or other appealable action, the Commission shall set a time and place to hear the appeal and shall notify the appropriate appointing authority as well as the employee or his or her representative, if known, thereof. Prior to scheduling a hearing, the Commission may review the request for a hearing todetermine if the action taken is appealable and to determine whether the Commission has jurisdiction over the issue appealed.
(B) Amendments to orders. Amendments to the orders of removal, reduction in pay or position or suspension for more than three working days may be made by the appointing authority at any time prior to 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 present its evidence in support of the charges and specifications.
(2) The employee affected shall then produce evidence to refute the appointing authority's charges.
(3) The appointing authority may offer evidence in rebuttal. The Commission may, at its discretion, hear arguments.
(4) The Commission will render a decision within a reasonable time from the date of the hearing.
(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 and by the burden of proof applied by courts in civil cases. The appellee and appellant may be represented by counsel or other representative. A complete transcript or other recording of the hearing shall be made.
(E) Discovery. On written request of the opposing party, a party shall, at least 14 calendar days prior to the scheduled hearing, provide to the requesting party and to the Commission, the documents intended to be introduced at the hearing and a list of witnesses. Such requests for documents and witnesses must be served upon the opposing party at least 30 calendar days prior to the scheduled hearing.
(F) Resignation before final action. The acceptance by an appointing authority of the resignation of a person discharged before the final action by the Commission will be considered a withdrawal of the appeal. 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.
(Ord. 2001-03, passed 1-16-01)