(A) An appeal under § 33.66 must be taken by filing in court, within 30 days after the date the decision is rendered, a verified complaint stating in a concise manner the general nature of the charges against the officer, the decision of the Board, and a demand for the relief asserted by the officer.
(1) A bond must also be filed that guarantees the appeal will be prosecuted to a final determination and that the plaintiff will pay all costs only if the court finds that the Board's decision should be affirmed. The bond must be approved as bonds for costs are approved in other cases.
(2) The county must be named as the sole defendant and the plaintiff shall have a summons issued as in other cases against the county.
(3) Neither the Merit Board nor the members of it may be made parties defendant to the complaint, but all are bound by service upon the county and the judgment rendered by the court.
(B) All appeals shall be tried by the court. The appeal shall be heard de novo only upon any new issues related to the charges upon which the decision of the Merit Board was made.
(C) Within ten days after the service of summons, the board shall file in court a complete written transcript of all papers, entries, and other parts of the record relating to the particular case.
(D) Inspection of these documents by the person affected, or by the person's agent, must be permitted by the Merit Board before the appeal is filed, if requested.
(E) The court shall review the record and decision of the board on appeal.
(F) The court shall make specific findings and state the conclusions of law upon which its decision is made.
(1) If the court finds that the decision of the Merit Board appealed from should in all things be affirmed, its judgment should so state.
(2) If the court finds that the decision of the Merit Board appealed from should not be affirmed in all things, then the court shall make a general finding, setting out sufficient facts to show the nature of the proceeding and the court's decision on it.
(3) The court shall either:
(a) Reverse the decision of the Merit Board; or
(b) Order the decision of the Merit Board to be modified.
(G) The final judgment of the court may be appealed by either party. Upon the final disposition of the appeal by the courts, the Clerk shall certify and file a copy of the final judgment of the court to the Board, which shall conform its decisions and records to the order and judgment of the court.
(H) If the decision is reversed or modified, then the Merit Board shall pay to the party entitled to it any salary or wages withheld from the party pending the appeal and to which the party is entitled under the judgment of the court.
(I) Either party shall be allowed a change of venue from the court or a change of judge in the same manner as such changes are allowed in civil cases.
(J) The rules of trial procedure govern in all matters of procedure upon the appeal that are not otherwise provided for by this section.
(K) An appeal takes precedence over other pending litigation and shall be tried and determined by the court as soon as practical.
(CC Ord. 2004-05, passed 9-2-04)