1-8-6: APPEAL HEARINGS:
A hearing officer may reject an appeal form that is incomplete or otherwise insufficient to commence an appeal.
When an officer or employee alleging reprisal or retaliatory action requests an appeal hearing, he/she may represent themselves at the hearing or be represented by an attorney or other person of the employee's or officer's choosing. All testimony given at the hearing is under oath. The officer or employee alleging reprisal or retaliatory action presents his/her case first and must establish:
   A.   That the officer or employee was an officer or employee on the date of the alleged reprisal or retaliatory action;
   B.   That the officer or employee disclosed information concerning improper governmental action; and
   C.   The alleged reprisal or retaliatory action was taken against him/her within two (2) years after the date he/she disclosed the information concerning improper governmental action.
The employer then presents its case and must show that the employer did not engage in the alleged reprisal or retaliatory action, or that the action was taken for legitimate business purposes and was not the result of the disclosure of information regarding improper governmental action by the officer or employee. The employee or officer making the allegation must then show that the stated business purpose for the action was a pretext for the reprisal or retaliatory action.
If the hearing officer finds that the action taken was a reprisal or retaliatory action, the hearing officer may issue an order directing the person to desist and refrain from engaging in such action. (Ord. 10-06, 10-11-2010)