(A) Step 1: demotion/termination hearing.
(1) The employee who has been recommended for demotion or termination shall within five working days, not including the day of receipt of notice recommending demotion or termination, request in writing a hearing before his or her department head/elected official with a copy of the request sent to the Human Resources Director. Failure on the part of the employee to request a hearing in writing before his or her department head/elected official or to appear at a scheduled pre-hearing will serve as a waiver of the employee’s grievance. If an employee has waived a hearing, the department head/elected official shall issue a written notice to the employee and Human Resource Director imposing or not imposing the demotion or termination.
(2) If an employee requests a hearing, the employee will be given at least three working-days’ notice of the hearing date, time and location. The hearing shall be the conducted by department head/elected official or his or her respective designee. If desired by the employee, he or she may designate a representative to attend but not participate in the hearing, and the employee shall provide to the Human Resources Director the name of the employee’s representative at least one working day prior to the hearing. Attendees of the hearing shall include the employee and his or her representative, the department head/elected official or his or her respective designee, a management representative and a representative of the Human Resources Office. The hearing will not follow the formal rules of evidence and will be conducted in an informal manner. The management representative shall summarize the disciplinary notice. The employee may then respond to all specific charges.
(3) The department head/elected official will promptly render a decision in writing and forward to the employee and the Human Resources Director a copy of the decision. The decision shall include a statement as to the reasons the demotion or termination was or was not imposed.
(B) Step 2: appeal.
(1) An employee, who, after a hearing and written decision of his or her department head/elected official, has been deemed demoted or terminated and does not agree with this written decision shall within ten working days of receipt of the department head/elected official’s written decision file a written request with the Human Resource Director for an appeal before the Administrative Law Judge. The Human Resource Director will forward the request to the the Administrative Law Judge.
(2) The review and hearing of the appeal shall be conducted pursuant to the procedures adopted in Chapter 11 of this code.
(Ord. passed 6- -2019; Ord. 2023-03, passed 5-16-2023)