§ 907. Removal, demotion or suspension; employee's right of review by Human Resources Board.

(a)

Review of employee discipline. Any regular employee in the classified service of the City removed, suspended or demoted by an appointing authority may request a hearing before the Human Resources Board to have the action of the appointing authority reviewed in a de novo hearing.

(b)

Procedure to demand review. A written request for a hearing by the Board must be filed with the Director of Human Resources within ten calendar days after notice has been issued of the removal, suspension or demotion.

(c)

Hearing by the Board. Hearings by the Board to review removals, suspensions, or demotions shall be conducted under the Boards rules and regulations, and when permitted by law shall be closed. The Director of Human Resources shall make such investigation and reports as the Board may direct. The board may inquire into all the facts and circumstances pertaining to such removal, suspension, or demotion of an employee and for that purpose may administer oaths, compel the production of books and papers by subpoenas duces tecum and compel the attendance of witnesses by subpoena at the request of either the employee involved, the appointing authority or any member of the Board.

(d)

Actions of the board.

(1)

Wrongful action by the appointing authority or unreasonable discipline. If the Board decides by the greater weight of the evidence that the employee was wrongfully discharged, suspended, or demoted, or that the discipline administered was too severe, it may, within its sole discretion and with or without total or partial loss of pay,

(A)

Reinstatement to former position. Reinstate the employee in the employees former position;

(B)

Reinstatement to vacant position. If consented to by the appointing authority, reinstate the employee to some other vacant position;

(C)

Reinstatement within classified service. Direct the appointment of the employee to such other vacant position in the classified service of the same or equivalent class or grade as the previous position; and

(D)

Additional orders. Make such other orders as the Board may deem necessary to effectuate the purposes of the provisions of this section.

(2)

Appropriate action by the appointing authority or insufficient discipline. If the Board determines that the greater weight of the evidence does not show that the employee was wrongfully discharged, suspended, or demoted, or that the discipline administered was insufficient, it may, within its sole discretion:

(A)

Affirm action. Affirm the actions of the appointing authority;

(B)

Increase discipline. Modify the actions of the appointing authority by increasing the discipline; or

(C)

Additional orders. Make such other orders as the Board may deem necessary to effectuate the purposes of the provisions of this section.

(e)

Report of the Board. The Board shall report all decisions in writing to the Director of Human Resources, to the appointing authority and to the employee involved.

(f)

City Manager's review.

(1)

Review authorized. All decisions of the Board are subject to review by the City Manager. The City Manager may affirm, change, modify or reverse decisions of the board. The City Manager will notify, in writing, the Human Resources Board, the Director of Human Resources, the appointing authority and the employee.

(2)

Procedure for review. No review shall be made by the City Manager of any decisions of the Human Resources Board except on the record of such proceedings and unless a written request for review is made of the City Manager by the employee or appointing authority involved, within ten calendar days after the mailing of written notification of the decision of the Board to the employee or appointing authority. The party requesting the review shall provide the transcript and exhibits to the City Manager.

(3)

Appointing authority may not seek review in all situations. A decision of the board shall be final and conclusive in each case where the Board finds an employees removal, suspension or reduction in rank was influenced or caused by either the religious or the political opinions or affiliations of the employee.

(g)

Sufficiency of notices. All notices required to be given under the provisions of this section shall be deemed sufficient if delivered in person or if mailed to the last known post office address of the employee or appointing authority involved. Notices shall be deemed delivered when personally delivered or when placed in the mail.