§ 52-9. Appeals.

A. 

An employee may appeal from the decision of the department head or of his designee within 10 days after notice of such decision. The appeal shall be taken by submitting to the Grievance Board a written statement signed by the employee taking the appeal and a duplicate copy thereof shall be filed with the department head containing:

(1) 

The name, residence address and department of employment of the employee presenting the grievance.

(2) 

The name, residence address and department of employment of each other employee or official involved in the grievance.

(3) 

The name and address of the employee's representative, if any, and his department of employment if he is a fellow employee.

(4) 

A concise statement of the nature of the grievance, the facts relating to it and the proceedings and decisions on the grievance up to the time of the appeal.

(5) 

A request for a review of the decision of the department head or his designee.

B. 

The department head or his designee shall submit to the Grievance Board a written statement of facts, including a summary of the record of the hearing, if there was a hearing, and the original or a true copy of any other record or document used by the department head or his designee in making his decision. Such written statement shall be submitted to the Grievance Board within two days after notification by said employee.

C. 

The Grievance Board shall hold a hearing within three days after receiving the written request for review. It shall give at least two days' notice of the time and place of such hearing to the employee, the employee's representative, if any, and the department head or his designee, all of whom shall be entitled to be present at the hearing.

D. 

The hearing on the appeal may be held in public or private as determined by the Grievance Board.

E. 

New evidence, testimony or argument, as well as any documents, exhibits or other information submitted to the department head or his designee at the hearing held by him may be introduced at the hearing by the employee, by the department head, or his designee, or upon the request of the Grievance Board.

F. 

The hearing may be adjourned from time to time by the Grievance Board if, in its judgment, such adjournment is necessary in order to obtain material evidence. The total of all such adjournments, however, shall not exceed 10 days, except that adjournments consented to by both the employee and the department head shall not be counted in determining the total days of adjournment as herein limited.

G. 

The Grievance Board shall not be bound by formal rules of evidence.

H. 

A written summary shall be kept of each hearing held by the Grievance Board.

I. 

The Grievance Board shall make its report in writing within five days after the close of the hearing. It shall immediately file its report and the written summary of the proceedings with the City Clerk and shall at the time send a copy of its report to the employee, the employee's representative, if any, the department head, the City Manager and the Commissioner of Human Resources. The report shall include a statement of the board's findings of fact, conclusion and advisory recommendations.

[Amended 11-20-2018 by Ord. No. 2018-231]

J. 

The report of the Grievance Board shall be final.