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a.An employee may appeal any disciplinary action, except oral and written reprimands, to the City Manager. This appeal must be filed in writing with the City Manager within five (5) City working days of the date of the notice of disciplinary action.

b.An informal hearing shall be held with the City Manager and the employee within twenty (20) City working days of the receipt of the employee’s appeal. In the absence of the City Manager, the Assistant City Manager shall act in the City Manager’s place.

Such hearings shall be closed and the rules of evidence shall not apply. Either the Department Head or the employee may call witnesses. (Ord 3273; 01/00)

The Department Head, or Department Head’s representative, will attend the hearing and may designate one person who may be present throughout the hearing. The employee may designate two persons who may be present throughout the hearing and who may also act as the employee’s representative and/or legal counsel. The Department Head, or representative, may present the department’s case, or may designate legal counsel to do so. (Ord 3273; 01/00)

The Human Resources Director (Ord 3385; 02/07) and the City Attorney, or their designees, may be present throughout the appeal hearing. (Ord. 3273, 2000)

c.The City Manager shall render a decision on the appeal within ten (10) City working days from the conclusion of the hearing. In rendering a decision, the City Manager may reaffirm the disciplinary action, reverse it or reduce it.