Sec. 11-70. - Appeals and hearings.

(a)

In accordance with the Charter, any person who is suspended, demoted, transferred or discharged shall be informed in writing of the reasons therefor, and he may appeal in writing to the mayor. Such appeal shall be made within five days following notification. The manager shall within ten days give the person so suspended, demoted, transferred or discharged the opportunity to be heard, privately or publicly at the option of such employee. If such hearing is to be private, then the employee or his attorney must request a private hearing at least 72 hours prior to the scheduled hearing date. The mayor shall render a decision within three days following conclusion of the hearing.

(b)

If the employee is not reinstated to his former position by the mayor, he may appeal the decision to the hearing board within five days following notification of decision by the mayor. At any such hearings the employee shall have the right to be represented by counsel or a representative of a recognized union, who may conduct his defense and act for him. After hearing and considering the evidence, the board shall decide:

(1)

To reinstate the employee;

(2)

To confirm the suspension, demotion, transfer or dismissal;

(3)

To place the employee on an appropriate employment list for future employment in the same or nearly similar class for which the employee possesses the minimum qualifications;

(4)

Such other action as it deems appropriate.

(c)

Such employee shall have the right of appeal from the decision of the board to a court of competent jurisdiction. The board shall render its decision within five days following conclusion of the hearing.

(Rev. Ords. 1987, § 11-70; Ch. 877, § I, 6-6-23)

Charter reference— Removal of city officers and employees, § 9-1.