Final Rules (Amended 2022 09 19)_Rule 1 Corrected (1) - Flipbook - Page 52
RULE 11
ii.
If the employee has made no request to have an open hearing, the hearing
shall be closed.
iii.
A copy of the Notice of Intent, Final Notice, and the employee’s appeal shall
be placed in the employee’s personnel file as a matter of record.
11.9
Processing: Upon the receipt of an appeal, the Human Resources Director shall prepare a
summary of the charges and imposed discipline for the Commission to review. The matter will then be
placed on the next regular meeting agenda to schedule a hearing date.
11.10 Hearings: Upon the scheduling of a hearing by the Commission, the Human Resources Director
shall notify the affected parties of the date, time, and place set by the Commission and shall publicly post a
notice of the date, time and place of the hearing together with the names of the affected parties. If the
employee elects a closed hearing, the name of the employee shall not be included on the public posting.
Unless otherwise approved in advance by the Commission, the employee shall appear personally before
the Commission at the hearing, and may select up to two (2) additional persons to be present at the
hearing, in addition to legal counsel or other designated representative, to represent the employee at the
hearing. If the employee or the employee’s representative fails to appear on the scheduled date, the
Commission may require a showing of good cause for the employee’s or representative’s failure to
appear before the hearing is permitted to be continued. If the Commission finds that there was not good
cause for the failure to appear, the appeal shall be deemed denied and the disciplinary action sustained.
The Commission may, in its discretion, grant continuances for valid reasons (e.g., incapacity of the
employee, unavailability of counsel, or documented emergency circumstances, among others).
11.11 Subpoenas: Each Commissioner shall have the power to cause subpoenas to be issued to
compel the attendance of witnesses and the production of evidence relating to the hearing subject matter.
The appellant and the department may request subpoenas to be issued to compel the attendance of
witnesses by filing such request with the Human Resources Director at least fourteen (14) business days
prior to the scheduled hearing. Subpoenas shall be delivered to the appointing authority or the
appellant’s representative for service.
11.12 Oaths: Any Commissioner present at the hearing shall have the power to administer oaths to
witnesses. The refusal of a City employee to testify under oath shall be grounds for disciplinary action.
11.13 Use of Hearing Officer or Board: A hearing officer, composed of person(s) qualified to so act,
may be appointed to conduct an appeal hearing.
a.
Commission: The Commission, upon a majority vote, may decide that the use of a
hearing officer would benefit the City and the employee to ensure the expeditious
completion of the hearing process. In such event, the Commission shall appoint a hearing
officer to conduct a hearing as follows:
(1) The hearing officer shall not be an employee or elected or appointed official of the
City.
(2) Unless granted an extension by the Commission, the hearing officer shall submit
written findings and recommendations to the Commission for review and final
decision within thirty (30) calendar days after the closing date of the hearing, which will
be either the conclusion of closing arguments or the hearing officer’s receipt of the
parties’ closing brief, whichever is later.
b.
Employee: The employee may submit with the appeal a written request that the matter
be heard before a hearing officer, on the basis that it would not be possible to receive a
fair and impartial hearing before the Commission as a result of bias of more than two (2)
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