Chapter 2.80 PERSONNEL SYSTEM


Section 2.80.023 Conducting hearing.

The hearing shall generally be conducted according to the following procedure:
    A.    City position statement (opening statement - 10 minutes).
    B.    Employee/appellant position statement (opening statement - 10 minutes).
    C.    Chair identify and give oath to witnesses.
    D.    City call and examine witnesses and present evidence.
    E    Employee/appellant cross-examine each witness after testimony / City may redirect, etc.
    F.    Employee/appellant call and question witnesses and present evidence.
    G.    City cross-examine each witness following testimony / redirect.
    H.    City rebuttal witnesses.
    I.    Appellant rebuttal witnesses.
    J.    City summarize/closing statement (15 minutes).
    K.    Employee/appellant summarize/closing statement (15 minutes).
    L.    Rebuttal closing statement by City (7 minutes).
    M.    Appeals Board voting by sealed ballot. Any action of the Appeals Board shall require a minimum of three (3) votes in favor of that action. (Reminder by chairman that Board must make decision based only upon evidence and testimony presented at hearing).
        N.    Tabulate votes and certify results to City Recorder within 15 days from date that matter is referred to Board of Appeals, unless time is extended pursuant to UCA   10-3-1106(5).
    O.    After reaching a decision, the Appeals Board may issue a written decision including Findings of Fact.  If a written order is to be prepared, the employee shall first be notified of the results of the vote and, thereafter, the written order shall forthwith be prepared and provided to the employee.  If a written order is prepared, the thirty (30) days time for filing notice of appeal to the Utah Court of Appeals shall not begin to run until the written order is signed and sent to the employee.
        P.    A Finding of Fact that is contested may not be based solely on hearsay evidence unless that evidence is admissible under the Utah Rules of Evidence.
        Q.    In the Event the Appeals Board upholds the discharge or discipline, notice shall be given to the employee/appellant that they have 30 days to appeal to the Utah Court of Appeals.


(Ord. 2005-29, Add, 12/07/2005)