Any employee in the personnel system having regular status shall have the right to appeal a demotion, reduction in pay, suspension or discharge for disciplinary reasons, except in those instances where the right to appeal is specifically prohibited by this Chapter or the rules adopted under this chapter. The right of appeal for a suspension of five (5) days or less shall be limited to an administrative hearing before the City Manager. The right of appeal for a suspension of more than five (5) days, a demotion, reduction in pay or discharge for disciplinary reasons shall include, primarily, an administrative hearing before the City Manager and, secondarily, a hearing before the City Council or an independent third party designated by the City Council.
All appeals shall be processed in accordance with the requirements and procedures adopted by resolution of the City Council, consistent with the provisions of this Chapter and with State laws.
Any appeal procedure which may be adopted regarding the removal of any department heads, and any other employees who report directly to the City Manager, which involves the City Council as a voting body, shall require a unanimous vote of all eligible voting members of the City Council to reverse the decision of the City Manager. (3rd par. amended by Initiative March 15, 1988; the 3rd par. of this section shall not be repealed or amended except by a future vote of the people. Elections Code § 4013; Ord. 225 Div. 1 (part), 1986)