Administration and Personnel
Appeals -- Adverse Action.
2.48.380 APPEALS -- ADVERSE ACTION
A. Eligibility and Notice
1. Any commissioned officer below the rank of Lieutenant who has successfully completed the probationary period may, within seven (7) calendar days after receiving notice, appeal any dismissal, suspension or demotion (except in the case of reduction in force) to the Commission, which shall fully hear and determine the matter in public or executive session at the appellant's request.
2. Any commissioned officer who declared their intent to participate and participates in the selection process for a Sergeant's position may, within five (5) calendar days after receiving a response from an administrative review, appeal any element of the process which has diminished their opportunity to be fairly considered to the Commission which shall fully hear and determine the matter in public or executive session at the appellant's request.
B. Such employee must notify in writing the Clerk of the Commission of his or her intent to appeal and include a detailed statement of the reason for the appeal on or before the expiration of seven (7) calendar days after notification of the disciplinary action; or, before the expiration of four (4) calendar days after receiving a response from an administrative review of a promotional process element or notification of removal from the eligibility list.
C. The Clerk shall forthwith notify in writing the Chairpersons of the Civil Service Commission, the City Manager and the Chief of Police of the employee's request for a hearing. The Chief of Police shall provide a copy of the action to the Clerk of the Commission who will forward the information to the Commission.
D. The Commission shall have the power to enforce the attendance of witnesses, the production of books, or papers, and the power to administer oaths. The employee shall be permitted to present witnesses on his or her behalf at the hearing provided that he or she supplies a list of witnesses to the Clerk of the Commission three (3) calendar days prior to the hearing.
E. The Commission shall have the authority, after a full and complete hearing on an appeal, to sustain, confirm, alter, modify or vary the disciplinary action upon which the appeal is based; or to make an adjustment to the process to remediate an element of the promotional process, or reinstate an individual to the promotional eligibility list.
F. The procedure for the hearing shall be as follows:
1. The employee will explain his or her position and give reasons for appealing the action. The Commission may ask questions for clarification.
2. The Chief of Police or his or her representative will explain his or her position and give his or her reasons for the action taken. The Commission may ask questions for clarification.
3. The employee shall present any witnesses in support of his or her position. The Chief of Police may also ask the witnesses questions. The Commission may ask questions for clarification.
4. The Chief of Police or his or her representative shall present any witnesses in support of his/her position. The employee may also ask the witnesses questions. The Commission may ask questions for clarification.
5. The employee shall make a final presentation and closing statement.
6. The Chief of Police or his/her representative shall make a final presentation and closing statement.
7. The Commission shall then recess to executive session for deliberation and vote on a recommended course of action.
8. The Commission shall reconvene and announce the decision of the commission.
9. The Clerk of the Commission shall submit the Commission's findings of facts and recommendations in writing to the employee, Chief of Police and City Manager within seven (7) calendar days.
G. The decision of the Commission is binding upon such employee and the City as to any matter brought before it on appeal.
, 2007; Ord. 2689
, 2003; Ord. 2480
, 1999; Ord. 2212 §1(part)