Appeals for Non-Police Department Employees Sample Clauses

Appeals for Non-Police Department Employees. A Non-Police Department Employee disciplined under 6.1 shall have the right to appeal the City Manager's decision. The appeal shall be heard by a mutually agreed upon Arbitrator selected from a list provided by the State Mediation and Conciliation Service, in the time and manner hereinafter set forth. All such appeals shall be filed in writing with the Human Resources Director on or before 5:00 p.m. of the fifteenth (15th) calendar day following the giving of notice of the City Manager's decision. For the purpose of this rule, the date of "giving of notice" shall be either the date of personal service upon the employee, or the date that such notice was placed in the United States Postal Service certified mail. Under exceptional circumstances the Human Resources Director may extend these time limits if done in a written notice. Failure, for any reason, to file an appeal within the time permitted shall be conclusively deemed to be an acceptance of the City Manager's decision. Upon receipt of a timely appeal, the Human Resources Director shall set the matter for hearing and provide written notice to all parties. At the time set for the hearing, the Arbitrator, de nova, shall hear and consider the evidence presented by the City Manager, or designee, for the disciplinary action taken. The employee shall be given the right of cross-examination of any witness. The employee shall then be given a reasonable opportunity to present any competent and relevant evidence and be heard, personally or through a representative, employed at such employee's expense. The employer shall then be given a reasonable opportunity of cross-examination of any witness so called. Proceedings before the Arbitrator need not be conducted in strict conformity with the rules of evidence as applied in a court of law, but all parties shall observe the substance of the rules of evidence, to the end that the matter may be fully heard and determined upon evidentiary matter which reasonable people rely on in the conduct of serious business affairs. The hearings shall be held in closed session, unless the employee requests otherwise. Following the hearing the Arbitrator shall make findings of fact, affirm, reverse or modify the decision appealed from, provided, however, that the Arbitrator shall not increase the severity of the penalty imposed by the City Manager. The Arbitrator shall give written notice to the employee, the City Manager, the Human Resources Director, and the Department Head of its ...
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