The board shall presume the action of the city that is the subject of the appeal is valid and uphold such action unless it is shown and the board finds that the action was arbitrary and capricious or otherwise illegal. For purposes of this chapter, an action is "arbitrary and capricious" if it has no basis in fact and is otherwise not supported by any established personnel policies and procedures. An "illegal" action is one that violates state or federal law. The burden of proof shall at all times remain with the employee taking the appeal and the board shall at all times defer to the discretion exercised by the city in its employment and disciplinary decisions. It shall take an affirmative vote of three (3) board members to overturn the action which is the subject of the appeal. (Ord. 2014-24, 10-8-2014)