Final Rules (Amended 2022 09 19)_Rule 1 Corrected (1) - Flipbook - Page 61
RULE 12
12.11 Grievance Hearings: If the Commission elects to hold a hearing, the Human Resources Director
shall notify the affected parties of the date, time, and place, and shall publicly post a notice of the date,
time, and place of the hearing, together with the names of the affected parties.
a.
Unless incapacitated, the employee shall appear personally at the grievance hearing, and
may be represented by any person the employee selects. Failure of the grievant, or the
grievant’s representative, to appear, without good cause or advance notice, shall be
considered a withdrawal of the appeal and shall sustain the decision of the City Manager.
b.
The Commission may, in its discretion, grant continuances for valid reasons (e.g., incapacity
of the employee, unavailability of counsel, or documentable emergency, among others).
c.
The Commission hearing shall be conducted informally, and the rules of evidence shall not
apply. The grievance hearing may be open or closed to the public at the option of the
employee.
12.12 Use of Grievance Hearing Officer or Board: The Commission, upon a majority vote, may
appoint a grievance hearing officer or board composed of person(s) qualified to conduct a grievance
hearing and make findings and recommendations, to conduct a grievance hearing under the following
conditions:
a.
The decision to appoint the grievance hearing officer or board shall be based on a
reasonable determination that it would benefit the City and the grievant to ensure the
expeditious completion of the grievance hearing process.
b.
The grievance hearing officer or board member shall not be a Commissioner or elected or
appointed official of the City.
c.
The grievance hearing officer or board shall report their findings and recommendations to the
Commission within fifteen (15) working days following the hearing for review and final
recommendation to the Commission.
12.13 Subpoenas: Each Commissioner, grievance hearing officer or board 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.
a. The grievant 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 grievance hearing.
b.
At the discretion of the Commission, the Commission shall have the right to issue additional
subpoenas after the grievance hearing has commenced, provided both parties are notified in
writing.
Subpoenas shall be delivered to the Department Head and/or the grievant’s
representative for service.
12.14 Oaths: Any Commissioner, grievance hearing officer or board, present at the grievance 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.
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