(Added by Resolution No. CS88-062, 8/4/88)
Note: Pertains to Fire employees only.
(a) 
Any applicant or employee in the competitive service shall have the right to appeal to the Commission relative to any violations of the Civil Service Rules and Regulations, acts of discrimination, non-merit employment actions, conditions of employment or employment status, except in instances where the right of appeal is prohibited by the Civil Service Act or these rules.
(b) 
It shall be the duty of the Director of Human Resources to inform each Commission member and the appointing authority or other persons complained against of the filing of the complaint or request.
(c) 
Such appeal must be filed with the City Clerk within 10 work days of the alleged violation.
(Amended by Resolution CSC 05-005, 01/06/05)
A permanent employee, if discharged, demoted, or reduced in pay, may submit a written appeal to the Commission following receipt of the written notice of discharge, demotion, or reduction in pay. Such appeal must be filed within 10 days of receipt of such notice. It shall be the duty of the Personnel Officer to inform each Commission member and the appointing authority of such appeal.
When the employee is entitled to a hearing, the Commission shall schedule a hearing on the action pursuant to the procedures set forth in these rules and regulations.
(a) 
The Civil Service Commission shall set a time and place for the hearing. Notice shall be served personally or by registered or certified mail on the parties to the appeal not less than 30 days before the hearing. Appearance at the hearing waives the right to notice.
(b) 
The employee shall be entitled to appear personally, by counsel or a designated representative; to produce evidence; to present and cross examine witnesses; to testify under oath or affirmation; and to argue the case. The appointing authority or complainant shall be entitled to the same privileges.
(c) 
The appeal shall be heard by the Civil Service Commission, a designated commissioner, or upon agreement of the parties and a majority of the Commission, a hearing officer appointed by the Commission.
(d) 
If a hearing officer is to hear the appeal, the Commission shall request from the State Conciliation and Mediation Service a list of five qualified hearing officers. The list shall be submitted to the employee and the City. Each may reject or disqualify one name by filing with the Commission the rejection or disqualification, in writing, within five days. The Commission shall appoint a hearing officer from those names remaining.
(a) 
Appellant shall identify the issues raised on appeal and shall provide a list of these issues to the Civil Service Commission or hearing officer and the City's representative at the time the appeal is filed.
(b) 
Either party shall have the right to demand in writing that the other party provide a list of witnesses it intends to call, designating which witnesses will be called as expert witnesses, and list of documents it intends to introduce at the hearing. Such demand shall be served personally or by registered or certified mail on the opposing party no less than 20 days prior to the date of hearing. Copies shall be filed with the Civil Service Commission or the hearing officer.
(c) 
Each party shall serve such respective lists on the other party personally or by registered or certified mail no less than 10 days prior to the date of the hearing. Copies shall be filed with the Civil Service Commission or the hearing officer.
(d) 
Listed documents shall be made available for inspection and copying at reasonable times and places prior to the hearing.
(e) 
Time limits provided herein may be waived by mutual agreement of the parties.
(f) 
The failure to list a witness or a document shall not bar the testimony of an unlisted witness or the introduction of an undesignated document at the hearing, provided that good cause for omission from the requirements of paragraphs (b) and (c) is shown, as determined by the Civil Service Commission or the hearing officer.
(g) 
Before the hearing has commenced, the chairperson or the hearing officer shall issue subpoenas and subpoenas duces tecum at the request of any party for attendance or production of documents at the hearing. Compliance with the provisions of Section 1985 of the Code of Civil Procedure shall be a condition precedent to the issuance of the subpoena duces tecum. After the hearing has commenced, the chairperson or the hearing officer may issue subpoenas and subpoenas duces tecum.
(a) 
If the Civil Service Commission hears the appeal, it may utilize the services of its counsel in ruling on the admission or exclusion of evidence and on questions of hearing procedure, and shall exercise all powers relating to the conduct of the hearing.
(b) 
If a hearing officer is appointed by the Civil Service Commission, the hearing officer shall rule on the admission and exclusion of evidence and on questions of hearing procedure, and shall exercise all powers relating to the conduct of the hearing except as otherwise provided by this rule.
(c) 
The personal presence of the employee shall be required at all hearings except when excused by the Civil Service Commission or the hearing officer upon good cause shown. Unexcused absence may be deemed a withdrawal of the appeal and consent to the action or ruling from which the appeal was taken.
(d) 
The parties to the hearing are entitled to be heard, to present evidence and to examine and cross-examine witnesses appearing at the hearing. The testimony of witnesses shall be given under oath or affirmation.
(e) 
The hearing shall be formal, but need not be conducted according to technical rules relating to evidence and witnesses. Only relevant evidence shall be admitted and only if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.
Hearsay evidence may be admitted for any purpose but shall not be sufficient in itself to support a finding unless it would be admissible over objections as in civil actions. Irrelevant and repetitious evidence shall be excluded. Oral evidence shall be taken only under oath or affirmation.
Exhibits shall be marked and numbered. Exhibits, when offered by either party, may be received in evidence by the chairperson or hearing officer. The names of all witnesses and exhibits in order received shall be made a part of the record.
(f) 
If the Civil Service Commission or the hearing officer intends to base a decision upon information not obtained at the hearing, the information shall be disclosed to all parties to the hearing and the parties shall have an opportunity to respond to it.
(g) 
Members of the Civil Service Commission or the hearing officer may ask questions of witnesses to the hearing. However, representatives of each party or parties to the hearing are limited to one further round of examination and cross-examination in response to such questions. Questioning shall be strictly limited to specific matters asked by members of the Civil Service Commission or the hearing officer.
(h) 
In hearings on disciplinary matters the City shall present its case first and shall present its closing arguments last. There shall be no rebuttal. In other hearings or investigations, the order of presentation shall be determined at the discretion of the Civil Service Commission or hearing officer.
(i) 
In disciplinary hearings, the burden of proof shall be on the appointing authority.
(j) 
The Civil Service Commission or the hearing officer may, in the exercise of discretion and upon request of either party, exclude witnesses not presently under examination except parties, the designated representative, the appointing authority, the Director of Personnel or a designated representative and legal counsel.
(k) 
The Civil Service Commission or the hearing officer may, on request of a party or on its own motion, for good cause shown, exercise its discretion to grant reasonable continuances.
(a) 
If the matter is heard by the Commission, the Commission shall affirm, modify, or vacate, in whole or in part, the challenged action to the extent permitted by the Charter.
(b) 
If the matter is heard by a hearing officer, the hearing officer shall, within 10 days of the close of the hearing, prepare Findings of Fact and Recommendations to the Commission to affirm, modify, or vacate, in whole or in part, the challenged action as permitted by the Charter in such form that it may be used by the Commission in reaching its decision in the case. A copy of the Findings of Fact and Recommendations shall be filed by the Commission as a public record and furnished to each party within 10 days after filing by the Commission. The Commission shall affirm, modify, or vacate, in whole or in part, the challenged action to the extent permitted by the Charter.
(c) 
In arriving at a decision on the propriety of the penalty imposed, the Commission or the hearing officer may consider the records of any relevant prior proceedings against the employee in which a personnel action was ultimately sustained and any records contained in the employee's official personnel files, providing such proceedings and records were introduced into evidence at the hearing.
(d) 
The final decision of the Commission shall be in writing and shall contain findings of fact and the personnel action approved, if any. The findings may be stated in the language of the pleadings or by reference thereto.
(e) 
The final decision of the Commission shall be filed with the City Clerk as a public record and served personally or by registered or certified mail upon the parties within 10 days of the conclusion of the hearing, if heard by the Commission, or within 10 days of the Commission's action on the hearing officer's Findings of Facts and Recommendations.
(f) 
The final decision of the Civil Service Commission shall be certified to the appointing authority from whose action the appeal was taken and shall forthwith be enforced and followed by the appointing authority.