Disciplinary action shall be taken by the City against an employee in accordance with the procedures set forth in this article and shall be taken only for the causes established by the applicable civil service law or the Home Rule Charter, as the case may be. Further enumeration of the causes for disciplinary action, development of different forms and degrees of disciplinary action and a procedure for a system of progressive disciplinary action, as well as the development of related policies, procedures and regulations not specifically addressed in this article, shall be the responsibility of the City Manager in accordance with the authority granted in Article XVI of the Home Rule Charter.
Whenever any civil service or career service employee is suspended, removed or demoted, the specific charges warranting each such action shall be stated in writing by the City Manager. The charges shall be stated clearly and in sufficient detail to enable the accused to understand the charges made against him or her and to be able to answer them and shall include the section of the law or regulation as well as the factual basis for the violation of that law or regulation. As soon as practicable, the statement of charges shall be filed in duplicate with the Council, in the case of civil service employees, or with the Board, in the case of career service employees, and, within five days of such filing, the original copy of the statement of charges shall be delivered to the accused either by personal service or by certified or registered mail.
A. 
Civil service employees. All employees subject to civil service may be suspended by the City Manager, with or without pay, for a period of 10 days or less, without preferring charges as provided in § 84-52 and without a hearing before Council. All other suspensions shall be made by the City Manager pending action by the Council. Civil service employees shall have the right to appeal such other suspensions to the Council by filing a written notice of appeal within 10 days of the receipt of the statement of charges with the City Manager. Upon hearing before the Council, in accordance with the procedures set forth below, such employees may be fined or suspended for a period not exceeding 30 days, with or without pay, or discharged if found guilty of the charges made against them. The procedure for demotions of civil service employees shall be the same as for career service employees.
B. 
Career service employees. All career service employees may be suspended, removed or demoted by the City Manager for the causes set forth in Section 1607 of the Home Rule Charter. All such employees, as well as civil service employees subject to demotion, shall have the right to appeal to the Board by filing a written notice of appeal within 10 days of receipt of the statement of charges with the City Manager. The Board may sustain the charges, reduce the length of suspension or dismiss the charges. No order of suspension made by the Board shall be for a period longer than one year. Employees subject to collective bargaining agreements shall be entitled to the grievance procedures contained in such agreements which deal with disciplinary actions.
Notice of the date, time and place for each hearing before the Council or the Board shall be given in the following manner:
A. 
Either by personal service or by certified or registered mail to each of the principals involved in the case; and
B. 
By mailing a notice to all other parties who have stated an interest in the hearing; provided, however, that any failure to give the notice required by this subsection shall not invalidate any subsequent action taken by the Council or the Board.
All testimony shall be given under oath. The Chairperson of the Board or, in his or her absence, the Vice-Chairperson or the Mayor or Acting Mayor of the City shall administer all oaths.
Each hearing shall be presided over by the Mayor or Acting Mayor for hearings before the Council and by the Chairperson or Vice Chairperson for hearings before the Board and shall be conducted in the following manner:
A. 
The hearing shall be called to order and a statement of the general purpose of the hearing and of the parties present shall be made.
B. 
The City Manager or the Secretary of the Board, as the case may be, shall read the charges against the accused together with the record of action taken against such employee.
C. 
Any written reply of the accused shall be read.
D. 
Each person making charges or his or her counsel shall be afforded an opportunity to make further statement in support of the charges and to produce any witness.
E. 
The accused or his or her counsel shall be afforded an opportunity to question or cross-examine the person making charges and to question or cross-examine any witness produced by such person.
F. 
Each person making charges shall be afforded an opportunity to produce any witness and to make a summation.
G. 
The accused or his or her counsel shall be afforded an opportunity to produce any witness and to sum up the defense.
H. 
The Council or the Board, as the case may be, shall be the judge of admissible evidence and procedure and shall not be bound by technical rules of evidence and may, at any time during the course of the hearing, question or cross-examine the person making charges, the accused and any witness.
I. 
A stenographic record of all testimony taken at such hearings shall be filed with and preserved by the body before whom the hearing is held, which record shall be sealed and not be available for public inspection in the event that the charges are dismissed.
J. 
All hearings before the Council or before the Board shall be closed to the public, unless otherwise requested by the employee who has filed the appeal.
Within 30 calendar days after the receipt of the transcript from the hearing a decision shall be issued in the form of a written order approved by at least three members of the Council or the Board. The written order shall include all findings of fact. If, during the hearing, opposing facts are presented, a decision shall be included in the written order as to what are considered to be the correct facts. The findings and decision shall be certified to the person making charges, to the accused officer and to the Council when a decision is issued by the Board.