A. Rights Of Employee: An employee who is the subject of the discharge, suspension, or transfer may: 1) appear in person and be represented by counsel; 2) have a public hearing; 3) confront the witness whose testimony is to be considered; and 4) examine the evidence to be considered by the board.
B. Rules Of Procedure And Evidence: Hearings shall be conducted with appropriate formality and decorum, so that the due process rights of the appellant are protected. The Utah rules of evidence and Utah rules of civil procedure should serve as guidelines and may but need not be strictly followed or applied. The board, however, may determine how much weight to give to such evidence and may discount or reject evidence that it deems not credible or which is otherwise inadmissible under the rules of evidence, even if received. On stipulation of both the city and employee, the board may receive evidence through proffer, and may determine how much weight to give proffered evidence.
C. Administrative Record: The city recorder shall be responsible for keeping and assembling the record of the appeal. The record shall consist of any documents considered by the board, any documents received into evidence at the hearing, and any recording of the appeal that is: 1) taken by the city recorder or 2) recorded by an officer as defined in rule 28 of the Utah rules of civil procedure who is retained by the board to make a record of the hearing. (Ord. 2014-24, 10-8-2014)