Final Rules (Amended 2022 09 19)_Rule 1 Corrected (1) - Flipbook - Page 51
RULE 11
11.8
Right to Appeal:
a. Final Determination:
(1) Written Reprimand - City Manager: An employee may appeal a Written Reprimand
by filing a written appeal with his or her Department Head no later than ten (10)
working days following the date of receipt of the Written Reprimand. The Department
Head shall meet with the employee and the employee’s supervisor within five (5)
working days of receiving the appeal. The Department Head shall render a written
decision within ten (10) working days following the joint meeting.
If the employee disagrees with the Department Head’s decision, the employee may
forward the appeal to the City Manager through the Human Resources Director within
five (5) working days of receiving the Department Head’s decision. The City Manager
shall meet with the employee and the employee’s Department Head within ten (10)
working days of receiving the employee’s appeal. The City Manager shall notify the
employee of his or her decision within fifteen (15) working days of the joint meeting.
The City Manager’s decision shall be final.
In cases where the employee’s supervisor is also the Department Head, the
employee may file the appeal with the City Manager through the Human Resources
Director.
Any of the aforementioned timeframes may be extended by mutual consent of the
parties.
(2) Commission - Disciplinary Actions (Excluding Written Reprimands): Any
employee in the Classified Service who is subject to Suspension without pay,
Reduction in Step within a Range, Demotion, or Dismissal shall have the right to
appeal to the Commission from that disciplinary action.
b. Appeal Procedures:
(1) Employee: An employee wishing to file an appeal shall do the following:
i.
The employee shall file with the Human Resources Director, no later than ten
(10) working days (five (5) shifts in Fire Suppression) following the date of
receipt of the notice of final discipline, a written answer to the charges and an
appeal requesting the Commission, hearing officer or board review the
disciplinary action.
ii.
The answer to the charges shall contain a written statement of the issues
being appealed.
iii.
The appeal shall contain a request for either an open or closed hearing
before the Commission.
iv.
If an employee fails to file a timely appeal in compliance with this Rule, the
employee shall forfeit all appeal rights.
(2) Human Resources Director:
i.
Regardless of the request in the appeal for an open or closed hearing, if the
hearing is to occur before the Commission, the Commission will cause notice
to be served on the employee, pursuant to State law, at least twenty-four (24)
hours prior to the hearing, of the employee’s right to have the Commission
hear the appeal in public.
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