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a. Definitions.Appeal Authority for Library personnel means the Board of Library Trustees. The Appeal Authority for other personnel is the City Council. For appeals involving Library personnel, the term “Clerk” in the below procedures denotes the Library personnel serving as the Clerk to the Board of Library Trustees. For appeals involving other personnel, the term “Clerk” as used in this section means the City Clerk.

b.Decisions of the City Manager which result in termination may be appealed to the City Council. Disciplinary actions initiated by the City Manager, except oral or written reprimands and actions not involving loss of pay, may be appealed to the Appeal Authority. This appeal shall be in writing and filed with the City Clerk within ten (10) City working days of receipt of the City Manager’s decision. The appeal shall be signed by the employee and shall set forth the reasons for the appeal. The Clerk shall provide written notice of the appeal to the Appeal Authority, the City Manager, the City Attorney, the employee’s department head, the Human Resources Director, and to any other appropriate parties.

c.Upon the filing of an appeal, the Clerk shall notice a hearing of the appeal within fifteen (15) City working days, and the hearing shall be held not less than ten (10) City working days nor more than forty-five (45) City working days from the date of the Clerk’s notice. The Clerk’s notice shall include the date, time and place of the hearing. Once commenced, the hearing may be continued until it can be completed.

d.The Appeal Authority’s hearing shall be closed, unless requested to be open by the employee. Formal rules of evidence shall not apply. Principles of due process will be applied. Provisions of the Ralph M. Brown Act, the City Charter, and the City Code shall apply to all such hearings.

e.The Appeal Authority shall render its decision in writing to the employee within ten (10) City working days after the conclusion of the hearing. Appropriate copies of the decision will be furnished to the City Manager, Human Resources Director, and department head of the employee. The decision will also be reported in open session of the Appeal Authority in accordance with the Ralph M. Brown Act and the City Code.

f.In rendering its decision, the Appeal Authority may reaffirm the disciplinary action, reverse it or modify it. (Ord. 3653 § 13, 2022; Ord. 3385, 2007)