§ 39.062  DEMOTION, DISCHARGE, SUSPENSION; HEARING.
   (a)   Within 30 days after receiving notice of appeal from a person holding a position in the classified civil service of the city, the civil service board shall set a date for hearing on or investigation of the reasons for the removal, discharge, suspension or reduction. Notice of the time and place of the hearing or investigation shall be delivered to the employee appealing either personally or by certified mail. Notice by regular mail shall also be given the officer taking the action appealed from.
   (b)   If the conduct which is the subject of the action is pending before a grand jury or court, the board may, upon request by the person subject to the action, postpone consideration of the matter. Upon making the request, the person shall, in writing, waive all right to pay during the postponement. The person may terminate the postponement upon ten days’ written notice to the board.
   (c)   A hearing panel composed of three board members shall conduct the hearing or investigation. The employee appealing shall have full opportunity to be heard and may be represented by counsel or a union representative. The city attorney or unit director taking the action shall be represented by the office of the city attorney. However, a unit director retains additional counsel, the expense so incurred shall not be paid by the city.
   (d)   In the course of the hearing or investigation any member of the board shall have the power to administer oaths and shall have power to secure by subpoena both the attendance and testimony of witnesses and the production of books and papers relevant to the hearing or investigation. The board may order all evidence to be taken by a competent reporter. The investigation shall be confined to the determination of the question of whether the removal, suspension, demotion or discharge was or was not made for race, color, religion, sex, sexual orientation, national origin, creed, ancestry, pregnancy, age, genetic information or disability and was or was not made in good faith for cause.
   (e)   Failure of the appealing employee to appear before the civil service board at the time, date and place as indicated upon the notice of hearing delivered to the employee will cause the board to find in favor of the city. In addition, the appealing employee will be charged with all expenses connected with arranging a civil service board appeals hearing. The city shall collect those expenses from the appealing employee as the city deems appropriate.
(1957 Rev. Ords., § 3.122; 1992 Code, § 30-49)  (Ord. 50-83, passed 7-11-1983; Ord. 87-91, passed 11-25-1991; Ord. 99-96, passed 9-3-1996; Ord. 87-97, passed 12-2-1997; Ord. 4-05, passed 1-10-2005)