Whenever this code authorizes an appeal to the city manager, or otherwise requires a hearing officer, the city manager may designate the hearing officer. The designated hearing officer must be an impartial person, such as: (1) a city employee from a department which has no involvement in the matter being considered; (2) someone selected randomly from a panel of hearing officers assembled by the city attorney's office; or (3) someone hired from an organization which provides hearing officers, in which case, for appeals not pertaining to Section 1.16.050, Chapter 1.24, or Chapter 8.00, the cost will be shared equally by the city and the person cited.
The employment, performance evaluation, compensation and benefits of the hearing officer will not be directly or indirectly conditioned upon or affected by the hearing officer's decision.
(Ord. 978 § 2, 2016; Ord. 1065, 12/12/2023)
A. 
Applicability. A person aggrieved by an administrative decision of a city employee under this code ("appellant") may appeal the matter to the city manager, unless the procedure for appeal is otherwise specifically provided in this code or state law.
B. 
Informal Discussion with Department Head. A person aggrieved by an administrative decision of an employee under this code must attempt to discuss the matter with the employee's department head.
C. 
Appeal to City Manager. An appellant who is unable to resolve the matter with the department head under subsection B may appeal the decision to the city manager. If the matter is subject to city council appeal under this code, the city manager may, in his or her discretion, refer the matter directly to the city council to hear the appeal. (See subsection A.)
D. 
Waiver of Rights. Without a timely appeal, an appellant waives his or her rights to challenge the decision by administrative process, judicial process, or any other legal proceeding.
E. 
Procedures.
1. 
Form and Timing. The appellant must file a written notice of appeal with the city manager within ten days from the date written notice of the decision is sent (or personally delivered) to the person, or within twenty days from the date of discussion with the director. The appeal must be on a form provided by the city manager's office.
2. 
Fee. The appeal must be accompanied by an appeal fee in the amount set by resolution of the city council.
3. 
Hearing and Decision. Upon receiving the notice of appeal, the city manager will set the matter for hearing and give the appellant written notice of the time and place of hearing at least ten days before the hearing. The hearing shall be held within thirty days of the date the notice of appeal is filed. The parties may extend this time by agreement. The city manager may affirm, modify, or reverse the decision appealed. The city manager shall render a written decision within thirty days after the close of the hearing.
4. 
Finality. The decision of the city manager is final ten days after the written notice of the decision is given to the appellant, unless an appeal to the city council is authorized and submitted under Section 1.12.030.
F. 
Not a Claim. The filing of an appeal under this or any section of this code does not constitute the filing of a claim under Chapter 1.20, Claims.
(Ord. 978 § 2, 2016)
A. 
When Applicable. A matter is appealable to the city council only if: (1) specifically authorized under this code; or (2) otherwise required by state or federal law; and the appeal procedures are not set forth elsewhere in the code.
B. 
Procedures.
1. 
Form and Timing. If a matter is appealable to the city council under subsection A, the appellant may appeal the decision by filing a written notice of appeal with the city clerk within ten days of the written determination, on a form provided by the city clerk's office. The ten days for filing the appeal is measured from the date written notice of the decision is sent (or personally delivered) to the person. If there is no written notice of decision, the time for appeal is twenty days from the date of the decision.
2. 
Fee. The appeal must be accompanied by an appeal fee in the amount set by resolution of the city council.
3. 
Hearing and Decision. Upon receiving the notice of appeal, the city clerk will set the matter for hearing and give the appellant written notice of the time and place of hearing at least ten days before the hearing. The hearing will be held within forty-five days of the date the notice of appeal is filed. The parties may mutually agree to extend this time. The city council may continue the hearing from time to time. The city council may affirm, modify or reverse the decision appealed.
The city council shall render a decision by minute action or adopting a resolution no later than the next regular city council meeting after the close of the hearing.
4. 
Finality. The decision of the city council is final.
(Ord. 978 § 2, 2016)