Final Rules (Amended 2022 09 19)_Rule 1 Corrected (1) - Flipbook - Page 53
RULE 11
Commissioners. If such request is not made with the appeal, the employee’s option to
request a hearing officer shall be waived. If the Commission grants such request, the
Commission shall appoint a hearing officer to conduct the 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 report written
findings and decision to the Human Resources Director, the parties, and parties
representatives 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. The Human Resources Director shall
disseminate the decision to the Civil Service Commission.
11.14 Hearing Procedure: The Commission, through its chair, or hearing officer, shall conduct a
hearing in the following manner:
a. Prior to the start of the hearing, the parties shall comply with the following:
(1)
Informal pre-hearing conference procedures: Upon acceptance of an appeal, the
Commission, or hearing officer may require the parties to attend a pre-hearing conference
at a date and time specified by the Commission, or hearing officer. The pre-hearing
conference shall be no less than 15 days prior to the first hearing date set for the appeal.
(2)
Unless otherwise determined by the Commission, the pre-hearing conference shall be
chaired by the Commission chair, or the hearing officer. The Commission chair may
designate another member as co-chair of the pre-hearing conference.
(3)
The purpose of the pre-hearing conference shall be to develop the following:
i.
A joint statement of facts, including any stipulated facts
ii.
A joint witness list, including a summary of expected testimony
iii.
A joint exhibit list
iv.
A statement of evidentiary issues
v.
Identification of affirmative defenses vi.
Identification of potential legal issues
vii.
A time estimate for the appeal hearing
viii.
Dates of unavailability of the parties, counsel, and witnesses
(4)
Not later than five (5) business days prior to the pre-hearing conference, each party to the
appeal shall prepare, serve on the other party and file with the Commission or hearing
officer a pre-hearing conference statement setting out that party's information or positions
for items one (1) through eight (8), above. The chair of the pre-hearing conference may,
at his/her sole discretion, continue the pre-hearing conference from time to time to require
additional information as may be deemed appropriate. Upon a showing of good cause, a
party may amend his or her pre-hearing conference statement.
(5)
At the pre-hearing conference, the parties shall endeavor to stipulate to facts, resolve
evidentiary matters, and develop joint witness and exhibit lists. The chair may set a time
- 47 -
