A. Permanent sworn police personnel shall have the right to appeal a probationary demotion or reassignment in the following manner:
1. Following a review of the proposed action by the employee's immediate supervisor and appointing power, the personnel officer shall serve or cause to be served on the employee affected, by registered mail or personal delivery, a statement signed by the appointing power of the specific action against the employee. This statement shall clearly inform the employee that he/she has the right, within five working days after receipt of this notice, to request an informal hearing on the action by filing a request with the personnel officer.
2. If within the five-day appeal period the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the city shall be considered conclusive and shall take effect as prescribed.
3. If within the five-day appeal period the employee involved files such notice of appeal by giving written notice of appeal to the personnel officer, a time for an appeal hearing before the city manager shall be established. The date for a hearing shall not be fewer than ten days, nor more than thirty days, from the date of the filing of the appeal, unless the parties shall be notified in writing of the date, time, and place of the hearing at least seven calendar days prior to the hearing.
4. The city manager shall conduct an informal hearing on the appeal. Each party shall have the opportunity to present all relevant information in support of its respective position. These proceedings may be electronically recorded and either party shall have the right to cause them to be reported by a certified shorthand reporter at that party's expense.
B. Within ten working days after the conclusion of the hearing, the city manager shall deliver to the employee a written decision which shall either (1) affirm the decision, (2) modify it by (a) holding that certain charges were not established by a preponderance of the evidence and/or (b) reducing the penalty or (3) overturn the decision in its entirety. Said decision shall be final and binding on the parties, subject to their right to seek judicial review pursuant to 1094.5 of the California Code of Civil Procedure.
C. Exempt employees, disciplined entry level probationary employees, or persons who have been rejected from probationary status in an entry level position shall have no right to appeal such action under these rules. In the event that any right to appeal is mandated by either the Legislature, or the California Supreme Court, the appeal procedure described in subsection A3 of this section shall be the appropriate procedure to be followed.
(Ord. 86-03-970 § 1 (part), 1986)