(A) For actions involving termination, suspension without pay or other discipline providing a direct financial loss, the employee may appeal the decision to the City Council by serving written notice to the Mayor within ten business days after receipt by said individual of the written disposition form.
(B) The Mayor shall then arrange to have a confidential, initial personnel hearing placed on the agenda for the next regularly scheduled Council meeting or at a Special Council Meeting held solely for that purpose.
(C) The Council may proceed to resolve the dispute utilizing on the written administrative record or by assigning the matter to a hearing officer for recommended decision.
(D) Hearing officer procedure. Where the Council determines that the taking of oral testimony or other evidence by a neutral examiner would aid the Council, the Council may appoint a neutral examiner to take evidence and to make a recommended decision. In its resolution appointing the neutral examiner, the Council may establish the procedural requirements for the hearing. The examiner's recommendation shall be presented to the Council, along with whatever written record is maintained, for final determination by the Council.
(E) Hearing by Council on the record. The Council may determine to resolve a dispute regarding discipline upon the written administrative record prepared by the Clerk/Treasurer, and such written evidence including affidavits and documentary evidence, as well as written argument submitted by the grieving employee. If the Council adopts this procedure, the Council may establish the procedural requirements, including time limits, for submission of information to the Council. Unless the Council otherwise provides, the Council will not receive oral presentations or argument.
(Ord. 09-02, passed 5-12-09)