(a) The Board shall hear properly filed appeals concerning:
(1) The suspension of longer than five working days within any six month period, demotion to a lower grade and pay or dismissal of any non- exempt employee.
(2) The rejection of applications and/or conduct of examinations for non- exempt employment.
(b) All appeals must be filed in writing stating all known reasons for appeal, within ten business days of delivery of the Manager's final decision. The Secretary to the Board shall serve as agent for receiving all appeals. Written appeals must also state whether or not appellant will be represented by counsel.
(c) The Secretary shall advise the Chairman of the appeal and shall, in consultation with the Chairman, schedule a Board Hearing. The Secretary shall, as soon as practicable, notify the Manager, appropriate Department Director and appellant of the date, time and place of the hearing.
(d) The Board shall make reasonable effort to hear such appeal within thirty days of filing.
(e) In recognition of the superior resources of the City, no City official may be represented at the hearing by Counsel unless the appellant has indicated that he/she will be represented by Counsel.
(f) Hearings on appeals shall be closed to the public unless all parties agree otherwise.
(g) With concurrence of the Manager, the Board may elect to appoint a Hearing Officer to preside over any hearing. The Manager shall have no voice in which individual shall be appointed Hearing Officer. Such Hearing Officer shall have demonstrated knowledge of judicial procedure and shall make all procedural decisions during such hearing. The Hearing Officer shall recommend to the Board a final decision but shall have no authority to make such decision. The City shall assume responsibility for payment of the reasonable fees and expenses of such Hearing Officer.
(h) The Board or Hearing Officer may, at their discretion, subpoena witnesses and require the production of records which may be pertinent to the hearing.
(i) The Board or Hearing Officer shall make all procedural decisions and judge the admissibility of evidence.
(j) The Board or Hearing Officer may recess a hearing when deemed necessary but shall make reasonable effort to render final judgment within thirty days.
(k) The Board shall render a judgement, either to affirm, reserve or modify the decisions and/or actions of the City which are subject of appeal. All decisions shall be in writing.
(l) The Board shall not alter or amend the Rules of the Manager as to any matter under Board consideration but may, in conjunction with any modified decision, direct that the Rules be administered in such a way as to equitably resolve the specific issue under appeal.