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2.55.020. Appeal procedure

            All administrative appeals shall be processed according to the following procedure:

            (1)        The appeal shall be taken by filing a written notice of such appeal with the City Recorder within ten (10) calendar days after:

                        (a)        the date the employee receives notice of the completion of any internal grievance process; or

                        (b)        if no internal grievance process exists, the date of the discharge, suspension, or involuntary transfer.

            (2)        Upon the filing of an appeal, the City Recorder shall forthwith refer a copy of a properly filed appeal to the appeal board.  Upon receipt of the referral from the municipal recorder, the appeal board shall forthwith commence its investigation, take and receive evidence, and fully hear and determine the matter, which relates to the cause for such discharge, suspension, or transfer.

            (3)        An employee who is the subject of the discharge, suspension, or transfer may appear in person and be represented by counsel, have a hearing open to the public, confront the witness whose testimony is to be considered, and examine the evidence to be considered by the appeal board.

            (4)        The appeal board's decision.

                        (a)        (i)         Each decision of the appeal board shall be by secret ballot, and shall be certified to the Recorder within fifteen (15) days after the day on which the hearing is held, except as provided in Subsection (4)(a)(ii).

                                    (ii)        For good cause, the board may extend the fifteen (15) day period under Subsection (4)(a)(i) to a maximum of sixty (60) days, if the employee and municipality both consent.

                        (b)        If the appeal board finds in favor of the employee, the board shall provide that the employee receive:

                                    (i)         the employee's salary for the period of time during which the employee is discharged or suspended without pay less any amounts the employee earned from other employment during this period of time; or

                                    (ii)        any deficiency in salary for the period during which the employee was transferred to a position of less remuneration.

            (5)        The appeal board's decision may be appealed.

                        (a)        A final action or order of the appeal board may be reviewed by the Court of Appeals by filing with that court a petition for review.

                        (b)        Each petition of review under Subsection (4)(a) shall be filed within thirty (30) days after the issuance of the final action or order of the appeal board.

                        (c)        The Court of Appeals' review shall be on the record of the appeal board and for the purpose of determining if the appeal board abused its discretion or exceeded its authority.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 04-60, Amended, 9/2/2004
Ord. No. 04-60, Amended, 9/2/2004
Ord. No. 12-28, Amended, 8/30/2012

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