Final Rules (Amended 2022 09 19)_Rule 1 Corrected (1) - Flipbook - Page 62
RULE 12
12.15 Grievance Hearing Procedure: The Commission, grievance hearing officer or board, through its
chair, shall conduct a grievance hearing in the following manner:
a. The grievance hearing shall be called to order at the scheduled time.
b.
Each party shall be required to identify their witnesses and to present their pre-marked
exhibits at the beginning of the grievance hearing. Except for good cause, at the discretion of
the Commission, grievance hearing officer or board, no witness or exhibit not identified or
presented at the start of the hearing will be allowed or admitted.
c.
The Commission, grievance hearing officer or board shall maintain order at the grievance
hearing and may enforce its orders through the following mechanisms:
(1) Exclusion or expulsion of witnesses;
(2) Expulsion of anyone who disturbs or disrupts the grievance hearing or fails to follow
any lawful directives of the Commission, grievance hearing officer or board.
d.
The Commission, grievance hearing officer or board may establish reasonable time limits for
examination and cross-examination of witnesses, require parties to attempt to stipulate to
non-controversial facts and/or to establish other rules regarding the presentation of evidence
to expedite the completion of a fair and impartial hearing.
e.
Each party may present an opening statement, with the grievant going first. The City may
reserve an opening statement until the beginning of the City’s response.
f.
The grievant shall present the completed Formal Written Grievance Form, together with
whatever witnesses and evidence the grievant may deem pertinent. If the grievant and/or the
grievant’s witnesses testify, they shall be subject to cross-examination by the City’s
representative and the Commission, grievance hearing officer or board.
g.
The City’s representative may present the City’s rebuttal evidence together with whatever
witnesses the City’s representative deems pertinent. City witnesses shall be subject to crossexamination by the grievant, and the Commission, grievance hearing officer or board.
h.
At any time during the grievance hearing, the Commission, grievance hearing officer or board
may interrogate a witness, any party, or any representative of any party.
i.
Closing arguments shall then be presented, with the employee or the employee’s
representative preceding the representative of the City in presentation. The employee shall
be provided final rebuttal following the City’s closing statement.
j.
The Chair shall then formally close the grievance hearing.
12.16 Deliberations: The Commission shall deliberate in closed session and make a decision on the
grievance.
The Commission may only modify or reject a decision pertaining to a grievance on one or more of the
following basis:
a. The decision itself resulted in a violation of the Civil Service Rules.
b.
The decision resulted from discrimination on the basis of political affiliation, religion, age,
gender, color,
national origin,
disability,
marital status,
race
or
sexual
orientation/identification.
c.
The decision reached was arbitrary, unreasonable, or excessive.
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