A. The provisions of this section govern the procedure for conducting a hearing for a written appeal filed pursuant to Nevada Revised Statutes chapter 281 and this chapter.
B. A party may appear in person and may be represented by an attorney or another person of his choice, if the party chooses not to represent himself.
C. All testimony must be under oath administered by the hearing officer.
D. The appeal must be heard in the following manner:
1. The opening statement for the officer or employee.
2. The opening statement for the employer, unless reserved.
3. Presentation of the officer's or employee's case, followed by cross examination. The city officer or employee must establish that:
a. He was an officer or employee on the date of the alleged reprisal or retaliatory action;
b. He disclosed information concerning improper governmental action; and
c. The alleged reprisal or retaliatory action was taken against him within two (2) years after the date he disclosed the information concerning improper governmental action.
d. If the officer or employee establishes the facts set forth in subsections D3a, D3b and D3c of this section, presentation of the employer's case, followed by cross examination, to establish that the employer did not engage in the alleged reprisal or retaliatory action or that the action was taken for a legitimate business purpose and was not the result of the disclosure of information concerning improper governmental action by the officer or employee.
e. If the employer claims a legitimate business purpose for the alleged reprisal or retaliatory action, the officer or employee may introduce evidence, followed by cross examination, to demonstrate that the stated business purpose is a pretext for the reprisal or retaliatory action.
4. The parties may respectively offer rebutting testimony only, unless the hearing officer permits additional evidence upon the original cause.
5. The closing argument for the city officer or employee.
6. The closing argument for the employer.
7. Submission of the appeal for a decision.
E. The hearing officer shall convene the hearing at the time and place specified for the purpose of hearing the appeal.
F. Written notice of the time and place of the hearing must be given to the parties at least ten (10) calendar days in advance. The notice must contain the information required for a party to request reasonable accommodation.
G. The hearing officer shall provide reasonable accommodation to a party with a disability who requests such accommodation within the time sufficient to make the accommodation.
H. Hearings may be continued beyond the period originally scheduled or recessed until a future date which is agreeable to the hearing officer and the parties if good cause is shown.
I. Except as otherwise provided in subsection J of this section, all hearings on appeals must be open to the public.
J. On the motion of either party, the hearing officer shall exclude from the hearing room witnesses in the matter not at the time under examination except the parties to the proceeding. No hearing may be closed to the public except on motion of either party for good cause shown.
K. A document or piece of physical evidence sought to be introduced during the hearing must first be identified for the record and the hearing officer may request the production of such records and the appearance of such persons as he requires.
L. The hearing officer shall determine the evidence upon the charges and specifications as set forth by the appeal document only, and shall not consider any additional evidence beyond the scope of the charges.
M. An employer's or employee's past performance by way of an act or a failure to act may be shown by competent evidence.
N. All testimony and exhibits offered at the hearing must be relevant and bear upon the matter in contention. Any testimony or exhibits which are considered by the hearing officer as not meeting this criterion may properly be excluded. Except as otherwise described in subsection Q of this section, formal rules of evidence shall not apply and the hearing officer has full discretion to admit or exclude evidence.
O. The hearing officer shall also consider the objection of either side to the introduction of evidence. Competence and relevance must be the primary test in ruling on objections.
P. The hearing officer's decision must be based on evidence presented. The hearing officer shall be guided in his decision by the weight of the evidence as it appears to him at the hearing.
Q. Any letter, paper or object offered in evidence must be properly authenticated. The representative for the opposing party is entitled to examine the exhibit when it is offered. (Ord. 2010-07, 11-16-2010)