§ 1. Appeals to the Commission of Disciplinary Action, Layoff and Displacements, Criminal Background Check, and Minimum Qualifications  

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  • An employee may appeal an order of dismissal, separation, demotion, suspension in excess of three working days, displacements, layoffs, results of a criminal background check or failure to meet the minimum qualifications for an Open Competitive, Non Competitive or Promotional examination by filing a notice of appeal with the Commission.

    A. The notice of appeal must be in writing and filed no later than ten calendar days after the order of dismissal, demotion, suspension, displacement, layoff, failure to hire based on the criminal back ground check or failure to meet the minimum qualifications for a classification has been filed by the appointing authority with the Civil Service Commission.

    B. Contents of Appeals: All appeals to the Commission shall be written. Notices of appeals should include the following information:

    1. The appellant's name, address and telephone number.

    2. The name of the appointing authority and/or department/division.

    3. A description or summary of the action which is being appealed.

    Failure to supply the information listed above may result in dismissal of the appeal. Prior to dismissing the appeal, the Commission shall attempt to obtain the required information from the appellant. Appellants shall notify the Commission, in writing of any change of address during the pendency of the appeal.

    C. Upon receipt of such an appeal, the Commission shall forthwith notify the appointing authority and shall hear, or appoint a trial board to hear such appeal within thirty calendar days after the time stamped date of receipt of the written appeal or within such a reasonable additional time as determined by the Commission. Written notice shall be given to the appellant and to the appointing authority of the time and place of hearing of the appeal. The Commission may affirm, disaffirm or modify the judgment of the appointing authority.

    D. Notice of Hearing: Parties (the appellant and the department) will be notified by the Commission in writing of the scheduled hearing at least ten working days prior to such hearing. Parties wishing to reschedule a hearing must do so in writing at least five working days prior to the scheduled hearing.

    E. Hearing Proceedings: Hearings shall be open to the public; however, no person may take photographs (still or otherwise) during the appeal proceedings. The proceedings shall be as informal as is compatible with the requirements of justice. The Secretary shall furnish to the Commission, as official documents comprising the record of appeal, the Notice of Appeal, a copy of the Notice of Disciplinary Action, Separation or Layoff (Form 32) pertaining to the appellant, and a copy of the appellant's Civil Service employment record, including past disciplinary actions, if any. The Commission shall hear evidence upon the charges and specifications as filed by the appointing authority.

    1. Order of Proof - Disciplinary Appeals shall be as follows:

    The appointing authority shall present his evidence in support of the charges. The appellant shall then produce such evidence as he may wish to offer in his defense. The parties in interest may then offer rebuttal evidence. The Commission in its discretion may hear arguments.

    2. Order of Proof - All other Appeals shall be the reverse of 1 above.

    3. Evidence and Counsel - The admission of the evidence shall be governed by the decision of the Civil Service Commission or trial hearing board. The Commission shall have the power to subpoena and require the attendance of witnesses; to subpoena the production of pertinent documents; and to administer oaths. The appointing authority may be represented by the City Solicitor, assistant city solicitors or other counsel designated by the City Solicitor. The appellant may also be represented by legal counsel.

    4. Failure of Parties to Appear - If the employee shall fail to appear at the time fixed for the hearing, the Commission shall hear the evidence and render judgment thereon. If the appointing authority shall fail to appear at the time fixed for the hearing, and if no evidence is offered in support of his charge or charges, the Commission may render judgment as by default or may hear evidence offered by the employee and render judgment thereon. The Commission shall forthwith notify the appointing authority and the employee of its judgment.

    5. Decision Rendered - The Commission shall, after due consideration, render its judgment affirming, disaffirming or modifying the action of the appointing authority as appropriate under the facts of the case. The decision rendered shall be officially recorded in the minutes and copies shall be forwarded to the appellant and to the appointing authority.

    F. Resignation Before Decision: The acceptance by an appointing authority of the resignation of a person dismissed before final action on the part of the Commission will be considered a withdrawal of the charges, and the separation of the employee concerned shall be recorded as a resignation not in good standing and the proceedings shall be dismissed without judgment.

    G. Disqualification for Promotional Examination or for Reappointment: An employee who is demoted for disciplinary reasons is ineligible for a promotional examination within one year of the effective date of his demotion. An employee who is dismissed for misconduct or who resigns while not in good standing shall be disqualified from taking any civil service examination for two years thereafter, and his name shall be removed from all eligible lists, unless, in the judgment of the Commission, the cause of his dismissal or resignation under charges will not affect the possibility of his usefulness in some other type of employment.