(A) The Committee Chairperson shall set the time for the hearing as soon as practicable and all parties shall be notified by the County Judge's administrative staff. The Committee Chairperson shall preside at the meeting following a simplified or informal parliamentary procedure.
(B) A set agenda and definite rules of procedure should be established. Committee members should be warned in advance that they should reserve their questions until the completion of the examination and cross-examination. This applies equally to the Presiding Officer. The hearing should rarely, if ever, descend to a round table discussion.
(C) The rules should be explained to the parties at the opening of the hearing. The parties should be told that each, if he or she desires, may make an opening statement summarizing what he or she intends to prove; that testimony will be taken under oath; that the burden of proof is on the grievant; that after a witness has been examined, the opposing party shall have the right to cross-examine; and that interruptions should not be made of either the examination or the cross-examination unless the opposing party has some objection to the question. If this happens, the objection should be directed to the Presiding Officer.
(D) In opening the hearing, the Chairperson should briefly review the file and obtain from the parties a stipulation that certain documents, concerning which there is no controversy, shall be considered a part of the record.
(E) A court reporter or designated party shall swear witnesses.
(F) The conduct of the hearing shall be as follows:
(1) The Committee shall determine the propriety of attendance at the hearing of persons not having a direct interest in the hearing;
(2) The Presiding Officer shall review hearing rules;
(3) The Presiding Officer shall review the file;
(4) The Committee may, at the beginning of the hearing, ask for statements clarifying the issues involved, such as opening statements;
(5) Exhibits, when offered, may be received into evidence by the Committee and, when so received, shall be marked and made a part of the record;
(6) The grievant or his or her representative shall then present his or her claim and proofs and witnesses, who shall submit to questions or other examination. The Committee may, at its discretion, vary this procedure but shall afford full and equal opportunity to all parties and witnesses for presentation of any material or relevant proofs;
(7) (a) The parties may offer evidence and shall produce additional evidence as the Committee may deem necessary to an understanding and determination of the dispute;
(b) The Committee shall be the judge of relevancy and materiality of the evidence offered. All evidence shall be taken in the presence of the Committee and of the parties;
(8) The majority decision of the Committee shall be final in all its determinations;
(9) The Committee Chairperson shall specifically inquire of all parties whether they have any further proofs to offer or witnesses to be heard. Upon receiving negative replies, the Chairperson shall declare the hearing closed;
(10) The hearings may be reopened by the Committee on its own motion or upon application of a party for good cause shown at any time before the decision is made;
(11) The decision shall be filed in writing by the Committee Chairperson with the County Clerk's office and County Human Resources Department no later than ten days after the completion of the hearing;
(12) Copies of the decision shall be transmitted to the elected official and representative, the grievant and grievant's representative.
(Ord. 85-32, passed 10-22-85)