The following procedure shall apply to appeals filed by eligible City employees seeking to overturn final appealable disciplinary decisions:
A. Filing Of Appeal: All appeals must be: i) filed by an eligible City employee and ii) submitted in writing to the Salt Lake City Recorder within ten (10) calendar days of the date the final appealable disciplinary decision was issued. The appeal shall identify the disciplinary decision being appealed and the specific reason(s) why the employee believes the disciplinary decision should be overturned. An eligible City employee who is the recipient of a final appealable disciplinary decision is the only individual who may appeal that decision to a disciplinary appeals hearing officer.
B. Assignment Of Disciplinary Appeals Hearing Officer: The Chief Human Resources Officer shall administer a process by which a single disciplinary appeals hearing officer from the roster of disciplinary appeals hearing officers shall be assigned to hear and adjudicate each appeal of a final appealable disciplinary decision. If either party to an appeal (i.e. the eligible City employee or the City) objects to the assigned disciplinary appeals hearing officer, a different disciplinary appeals hearing officer shall be assigned, in accordance with the process referenced above, to hear and adjudicate the appeal. However, neither party to an appeal shall be permitted to object to more than one assigned disciplinary appeals hearing officer.
C. Appeal Hearing: Upon receipt of an appeal of a final appealable disciplinary decision, the assigned disciplinary appeals hearing officer shall schedule a hearing to fully hear and adjudicate the appeal. Although an eligible City employee has the right to have an open and public appeal hearing, the disciplinary appeals hearing officer retains discretion to close any portion of the appeal hearing in accordance with applicable law.
D. Standard of Review/Burden of Proof:
1. Eligible City Employees in the Police Department and Fire Department.
With respect to the question of whether the facts support a conclusion that the eligible City employee's conduct violated policy, the standard of review is "substantial evidence" and, to prevail, the City must demonstrate that the conclusion is supported by substantial evidence. With respect to the question of whether the specific disciplinary sanction is proportional, the standard of review is "abuse of discretion" and, to prevail, the City must demonstrate that the disciplinary sanction does not constitute an abuse of discretion. With respect to the question of whether the specific disciplinary sanction is consistent, the standard of review is "abuse of discretion" and, to prevail, the eligible City employee must demonstrate that the disciplinary sanction constitutes an abuse of discretion.
2. All Other Eligible City Employees.
With respect to the question of whether the facts support a conclusion that the eligible City employee's conduct violated policy, the standard of review is "substantial evidence" and, to prevail, the eligible City employee must demonstrate that the conclusion is not supported by substantial evidence. With respect to the question of whether the specific disciplinary sanction is proportional and consistent, the standard of review is "abuse of discretion" and, to prevail, the eligible City employee must demonstrate that the disciplinary sanction constitutes an abuse of discretion.
E. Representation/Confrontation of Witnesses/Examination of Evidence: At an appeal hearing, an eligible City employee may:
1. Appear in person and be represented by counsel;
2. Confront any witness whose testimony may be considered by the disciplinary appeals hearing officer; and
3. Examine any evidence that may be considered by the disciplinary appeals hearing officer.
F. Evidence: With the exception of evidence pertaining to the proportionality and/or consistency of the specific disciplinary sanction, a disciplinary appeals hearing officer may only consider evidence that was previously presented and disclosed to the eligible City employee during the disciplinary process (including any applicable internal grievance procedure) that resulted in the final appealable disciplinary decision.
G. Written Decision: A disciplinary appeals hearing officer shall certify his/her written decision with the Salt Lake City Recorder no later than fifteen (15) calendar days after the day on which the appeal hearing concludes. A disciplinary appeals hearing officer may only affirm or overturn the final appealable disciplinary decision and must explain the factual and legal basis for his/her determination. For good cause, a disciplinary appeals hearing officer may extend the fifteen (15) day certification period referenced above to a maximum of sixty (60) calendar days, if the employee and Salt Lake City Corporation both consent to such an extension.
H. Audio Recording of Appeal Hearing: The proceedings of each appeal hearing shall be recorded on audio equipment and either party to an appeal may, at their own expense, obtain a written transcript of the hearing prepared by a certified court reporter.
I. Rules, Regulations, and/or Procedures: The Mayor, or the Chief Human Resources Officer at the direction of the Mayor, shall adopt and publish rules, regulations, and/or procedures governing the employee discipline appeals process (including pre-hearing and post-hearing matters) that are consistent with this Chapter and applicable law and further the objectives of this Chapter. (Ord. 57-20, 2020)