(A) In the event of removal, demotion or suspension for any of the causes set forth in § 32.22, the City Police Chief or police officer shall have the right to appeal his or her removal, demotion or suspension to the City Council. Such appeal shall be made within 30 days of his or her removal, demotion or suspension by filing a written application for a hearing before the Council. Such written application shall be made to the City Administrator, who shall immediately notify the Mayor of the receipt of such application.
(B) Upon notice of the filing of such application, the Mayor shall call a special meeting of the City Council to consider such application. Both the police officer and the individuals causing such removal, demotion or suspension shall have the right to be heard at the hearing and to present evidence to the Council for its consideration. The hearing will be governed as follows.
(1) The hearing will be before the City Council. It will be held within 30 days of the filing of the request, unless a later date is agreed upon by the Police Chief or police officer.
(2) Notice for hearing will be given the Police Chief or police officer and posted.
(3) All witnesses testifying at hearing must take an oath or affirmation to be truthful in their testimony. All witnesses are subject to cross-examination by the other party.
(4) In the event a participant requires an interpreter, the participant shall notify the City Administrator at least 14 days prior to the hearing. Interpreters may participate in person or by telephone.
(5) The rules of privilege apply to the extent recognized by law.
(6) Hearings are open to the public unless closure is requested by the Police Chief or police officer, in which case the hearing will be closed to the public if permitted by law. Those persons in attendance at the hearing who are not parties are generally not permitted to speak at the hearing unless called as witnesses by a party.
(7) The City Council may allow testimony or evidence via teleconference, video conference or similar electronic means. Each party to the proceeding shall have the opportunity to hear (or, for a videoconference, to both hear and see) testimony given in this manner and to question the person giving such testimony. Any costs associated with electronic conferencing shall be borne by the party requesting it.
(8) At the hearing, a city representative shall first present evidence in support of the disciplinary action or discharge. The Police Chief or police officer may then present evidence on his or her behalf. The city may then offer rebuttal evidence.
(9) All persons appearing shall conduct themselves with civility and courtesy to all persons involved in the hearing.
(10) (a) At the hearing, the President of the City Council shall be the presiding officer, unless he or she presented the written accusation resulting in the removal, demotion or suspension, in which case the presiding officer shall be chosen by a vote of the remaining members of the City Council.
(b) The presiding officer shall rule on all questions of evidence. Evidence, including hearsay, may be admitted if the presiding officer determines that it is relevant to the issue, comes from a reliable source and has probative value. Such evidence is that on which responsible persons would commonly rely in the conduct of their important affairs. The presiding officer may exclude evidence that is irrelevant, unreliable, immaterial, unduly repetitive or privileged. Documentary evidence may be received in the form of copies or excerpts.
(11) Hearings may be continued.
(12) The proceeding will be recorded by electronic means.
(13) Not later than 30 days following the adjournment of the meeting at which the hearing was held, the City Council shall vote to uphold, reverse or modify the removal, demotion or suspension.
(14) Deliberations for decision will comply with applicable open meeting laws.
(C) The failure of the City Council to act within 30 days or the failure of a majority of the Council members to vote to reverse or modify the removal, demotion or suspension shall be construed as a vote to uphold the removal, demotion or suspension. The decision of the Council shall be based upon its determination that, under the facts and evidence presented at the hearing, the challenged removal, demotion or suspension was necessary for the proper management and effective operation of the Police Department in the performance of its duties under the statutes of the state.
(D) Nothing in this section shall be construed to prevent the peremptory suspension or immediate removal from duty of an officer by the appropriate authority, pending the hearing authorized by this section and § 32.22, in cases of gross misconduct, neglect of duty or disobedience of orders.
(Prior Code, § 1-704) (Ord. 630, passed 4-3-2012; Ord. 775, passed 5-10-2022)
Statutory reference:
Similar provisions, see Neb. Rev. Stat. § 17-107