4.50.060 Classified employee’s right to a hearing on department director’s intent to impose adverse action

4.50.060 Classified employee’s right to a hearing on department director’s intent to impose adverse action.

A. An employee who has received a notice of intent to impose adverse action has the right to a hearing before a hearing officer in accordance with the provisions of this section.

1. To be appointed as a hearing officer, a person must possess knowledge of this title, personnel regulations, and principles of due process. A person may not act as hearing officer in any case in which there is any direct or indirect financial interest and must certify to the absence of any such interest before receiving the appeal record. A hearing officer may not be a current city employee or a current member of the council or commission.

2. A hearing officer shall be impartial in all decisions, both in fact and in appearance. The hearing officer shall not engage in ex parte contact with any person concerning the appeal either before or after the appeal hearing.

3. The city clerk shall solicit persons who are willing to serve as hearing officers, and shall maintain a list of interested persons determined to be qualified.

4. Upon an appeal being filed, the city manager shall appoint the hearing officer and shall report the appointment to the council.

C. The employee’s request for a hearing on a notice for intent to impose adverse action must be in writing, signed by the employee or counsel and delivered to the city manager within two working days of receipt of written notice of the adverse action. Employee’s failure to request a hearing within the time and manner provided shall be deemed a waiver of employee’s appeal rights and to any appellate review to which the employee might have otherwise been entitled; and the department director’s action becomes final.

D. If the employee duly delivers a request for hearing, the department director’s imposition of adverse action is stayed pending decision by the hearing officer. The hearing officer will hold a hearing within five working days from date of receipt of the request. The hearing officer may extend in writing the hearing date, but no extension of more than 10 working days shall be granted. The hearing officer shall duly notify the employee of the date, time and place of the hearing.

E. The employee, at employee’s own expense, may be represented by counsel.

F. If the employee wishes to question another employee or employees, the city manager will, if practical, provide for the employee’s attendance for questioning at no cost to the charged employee. The employee must notify the hearing officer, city manager and the department director of the names of the employee(s) at least three working days before the hearing or this right is waived. The hearing officer may determine the relevancy of evidence.

G. The hearing shall be closed unless the charged employee has requested otherwise.

H. All testimony shall be under oath. The proceedings shall be recorded. Upon written request, the employee is entitled to a recorded copy of the proceedings at no charge. The city manager, department director or representative and the hearing officer may examine and cross examine witnesses.

I. Exhibits may be introduced. Exhibits to be provided at the hearing by either party must be provided to the other party two working days prior to the hearing. The rules of evidence need not be strictly followed. Irrelevant or unduly repetitious evidence may be excluded. The factual record is closed at the close of the hearing. The hearing officer may continue the hearing for good cause.

J. The order of presentation is:

1. Brief opening statement by the department;

2. Brief opening statement by the employee, which is optional;

3. Presentation of evidence by department;

4. Presentation of evidence by employee;

5. Rebuttal as necessary;

6. Argument by department;

7. Argument by employee;

8. Rebuttal argument by department.

K. The department director must prove by a preponderance of the evidence the factual basis upon which the adverse action was imposed.

L. Within five working days from the conclusion of the hearing, the hearing officer shall render a written decision which shall be effective immediately or according to the terms of the written decision. The hearing officer may not increase the severity of the adverse action, but may approve it or modify any part. A copy of the hearing officer’s decision shall be furnished to the employee. The department director’s written determination and statement of cause, all written documents considered by the hearing officer, and the hearing officer’s decision shall be filed in the employee’s personnel record file.

M. The hearing officer’s final decision must notify the employee in writing of the provisions in subsection (N) of this section.

N. An employee who is dissatisfied with the hearing officer’s decision may appeal it to the superior court in Palmer. The appeal must be filed within 30 days of employee’s receipt of the decision. Employee’s failure to appeal within this time constitutes a waiver of the employee’s appeal rights and the hearing officer’s decision becomes final. (Ord. 16-018 § 4, 2016; Ord. 12-001 § 3, 2013)