The department director or a supervisor causing the disciplinary
action to be taken shall have the burden of proof, based upon the
civil burden of preponderance of the evidence, and every party to
the proceeding shall have the right to present his case or defense
by oral and documentary evidence, to submit rebuttal evidence and
to conduct such cross examination as may be required for a full and
true disclosure of the facts. Subject to these rights and requirements,
where a hearing will be expedited and the interests of the parties
will not be substantially prejudiced thereby, the City Manager or
other hearing officer may receive all or part of the evidence in written
form, or in the form of tape recorded statements. The parties may
offer such evidence as they desire and shall produce such additional
evidence as the City Manager or other hearing officer may deem necessary
to an understanding or determination of the appeal. The City Manager
or other hearing officer shall be the judge of the relevancy and materiality
of the evidence offered and conformity to the legal rules of evidence
offered and conformity to the legal rules of evidence shall not be
necessary. The City Manager or other hearing officer may receive and
consider the evidence of witnesses by affidavit, and shall give such
evidence only such weight as he/she deems proper after consideration
of the objections made to its admission. Objections to evidentiary
offers may be made and should be noted in the record. The City Manager
or other hearing officer shall give effect to the rules of privilege
recognized by law. Hearings, at which evidence is heard, shall not
be public unless so requested by the employee against whom the disciplinary
action has been taken.