Common use of Appeal From Decision of Hearing Officer to Township Administrator Clause in Contracts

Appeal From Decision of Hearing Officer to Township Administrator. 1. The Complainant and the Employee shall have the right within ten (10) days from the service of the determination of the Hearing officer to appeal same to the Township Administrator. In the event that said determination is not appealed within ten (10) days, said determination shall be deemed final and not subject to further appeal pursuant to this Agreement. 2. An appeal from the Hearing Officer shall be taken by filing with the Township Administrator and the Public Safety Director/Chief Law Enforcement Officer a written statement setting forth the decision being appealed and indicating that Employee is appealing from said decision. Within thirty (30) days from the date that said appeal is filed, a hearing shall be held before the Township Administrator. The Township Administrator shall cause a Notice of the Hearing to be served upon the Public Safety Director/Chief Law Enforcement Officer, the Complainant, the Employee, and the Mayor. Said Notice shall specify the time, date and place of the hearing and shall be served no later than seven (7) days before the date set for the hearing. At the hearing before the Township Administrator, the Complainant shall present the basis for the charges set forth in the Notice filed. Both the Complainant and the Employee shall have the right to be represented by legal counsel. The Township Administrator may be represented by the Office of the Administrative Counsel. The Employee shall have the right to cross examine witnesses and may present witnesses or other evidence on his behalf and may testify in his own behalf. Employee shall have the right to be represented through all steps of the disciplinary process by legal counsel of his choosing. 3. Within thirty (30) days from the date of the hearing before the Township Administrator, he shall render his Findings of Facts and Conclusions of Law. A copy of said Findings of Fact and Conclusions of Law shall be filed with the Mayor, the Employee and Public Safety Director/Chief Law Enforcement Officer. 4. The Mayor, within seven (7) days from receipt of the Findings of Fact and Conclusions of law, shall affirm, modify, or reverse the determinations made by the Township Administrator, which action by the Mayor shall be deemed final for purposes of review, subject to appeal, in accordance with the provisions of law. In the event that no action is taken by the Mayor within seven (7) days after receipt of Findings of Fact and Conclusions of Law, the determination of the Township Administrator shall be considered as the final decision in the matter under this Agreement. 5. At all proceedings where disciplinary action is pending, the Lodge shall have the right to represent the interest of the Employee and to actively participate in his defense. In accordance with N.J.