Common use of Appeal Hearings Clause in Contracts

Appeal Hearings. a. Within 14 calendar days after a serious disciplinary action is imposed (as defined in Section 7.02(A)(6)), the employee shall have the right to appeal the disciplinary action. An independent Hearing Officer shall hear the appeal. Such appeal shall be conducted as an evidentiary hearing. b. The Hearing Officer shall be selected from a list of names provided by the American Arbitration Association or the California State Mediation and Conciliation Service. The City and the appellant shall alternately delete names; the remaining name shall be selected as the Hearing Officer. As an alternative, the City and the appellant may mutually agree on the selection of a Hearing Officer. The Hearing Officer shall be selected within 15 calendar days after receiving the list of potential Hearing Officers. c. The City and the appellant shall present written summaries of the issues to be considered, witnesses to be called, and any other materials to be considered by the Hearing Officer prior to the Hearing. The City or the appellant may request that the Hearing be recorded. The Hearing Officer shall schedule the Hearing within 30 days after receiving the written materials. The Hearing Officer shall notify the City and the appellant of the date, time, location and estimated length of the Hearing, at least 10 calendar days prior to the Hearing date. The Hearing Officer may require the submission of written closing statements at the close of the Hearing and prior to the issuance of a decision. Such closing statements must be submitted within 15 calendar days after completion of the Hearing. The time periods in this Section may be extended by mutual agreement of the City and the appellant. d. After the hearing is completed, the Hearing Officer shall issue findings and a decision to overturn, modify, or uphold the disciplinary action. The Hearing Officer’s decision shall be issued within 30 days after the completion of the Hearing and the submission of closing statements, if required. The City or the appellant may request that the Hearing Officer’s decision be submitted to the City Council for review. Such a request to review must be made in writing to the Human Resources Director within 30 calendar days after receipt of the Hearing Officer’s decision. If submitted to the City Council for review, the City Council may overturn, modify or uphold the Hearing Officer’s decision. The City Council’s decision shall be final. e. The cost of the Hearing Officer’s services shall be shared equally between the City and the appellant. Recording costs shall be borne by the requesting party or shared equally, if both parties request recording of the Hearing. The City and the appellant shall each be responsible for their own representation costs, witness expenses, or any other costs associated with the Hearing. f. If the appellant fails to attend a scheduled Hearing or fails to submit their portion of the costs of the Hearing, the appeal will be considered abandoned. If the appeal is abandoned, there shall be no further administrative review or City Council review.

Appeal Hearings. a. a) Within 14 calendar days after a serious disciplinary action is imposed (as defined in Section 7.02(A)(6))imposed, the employee shall have the right to appeal the disciplinary action. An independent Hearing Officer shall hear the appeal. Such appeal shall be conducted as an evidentiary hearing. b. b) The Hearing Officer shall be selected from a list of names provided by the American Arbitration Association or the California State Mediation and Conciliation Service. The City and the appellant shall alternately delete names; the remaining name shall be selected as the Hearing Officer. As an alternative, the City and the appellant may mutually agree on the selection of a Hearing Officer. The Hearing Officer shall be selected within 15 calendar days after receiving the list of potential Hearing Officers. c. c) The City and the appellant shall present written summaries of the issues to be considered, witnesses to be called, and any other materials to be considered by the Hearing Officer prior to the Hearinghearing. The City or the appellant may request that the Hearing hearing be recorded. The Hearing Officer shall schedule the Hearing hearing within 30 days after receiving the written materials. The Hearing Officer shall notify the City and the appellant of the date, time, location and estimated length of the Hearinghearing, at least 10 calendar days prior to the Hearing hearing date. The Hearing Officer may require the submission of written closing statements at the close of the Hearing hearing and prior to the issuance of a decision. Such closing statements must be submitted within 15 calendar days after completion of the Hearinghearing. The time periods in this Section may be extended by mutual agreement of the City and the appellant. d. d) After the hearing is completed, the Hearing Officer shall issue findings and a decision to overturn, modify, or uphold the disciplinary action. The Hearing Officer’s decision shall be issued within 30 days after the completion of the Hearing hearing and the submission of closing statements, if required. The City or the appellant may request that the Hearing Officer’s decision be submitted to the City Council for review. Such a request to review must be made in writing to the Human Resources Director within 30 calendar days after receipt of the Hearing Officer’s decision. If submitted to the City Council for review, the City Council may overturn, modify or uphold the Hearing Officer’s decision. The City Council’s decision shall be final. e. e) The cost of the Hearing Officer’s services shall be shared equally between the City and the appellantUnion. Recording costs shall be borne by the requesting party or shared equally, if both parties request recording of the Hearinghearing. The City and the Union shall each be responsible for their own representation costs, witness expenses, or any other costs associated with the hearing. f) If the appellant fails to attend a scheduled hearing or fails to submit their portion of the costs of the hearing, prior to the hearing, the appeal shall be considered abandoned. If the appeal is abandoned, there shall be no further administrative review or City Council review. g) In the event that either party requests that the Hearing Officer’s decision be submitted to the City Council for review, the requesting party shall be responsible for the full cost of the Hearing Officer’s services as well as any recording costs. The City and the appellant shall each be responsible for their own representation costs, witness expenses, or any other costs associated with the Hearing. f. If the appellant fails to attend a scheduled Hearing or fails to submit their portion of the costs of the Hearing, the appeal will be considered abandoned. If the appeal is abandoned, there shall be no further administrative review or City Council review.

Appeal Hearings. a. Within 14 calendar days after a serious disciplinary action is imposed (as defined in Section 7.02(A)(6))imposed, the employee shall have the right to appeal the disciplinary action. An independent Hearing Officer shall hear the appeal. Such appeal shall be conducted as an evidentiary hearing. b. The Hearing Officer shall be selected from a list of names provided by the American Arbitration Association or the California State Mediation and Conciliation Service. The City and the appellant shall alternately delete names; the remaining name shall be selected as the Hearing Officer. As an alternative, the City and the appellant may mutually agree on the selection of a Hearing Officer. The Hearing Officer shall be selected within 15 calendar days after receiving the list of potential Hearing Officers. c. The City and the appellant shall present written summaries of the issues to be considered, witnesses to be called, and any other materials to be considered by the Hearing Officer prior to the Hearinghearing. The City or the appellant may request that the Hearing hearing be recorded. The Hearing Officer shall schedule the Hearing hearing within 30 days after receiving the written materials. The Hearing Officer shall notify the City and the appellant of the date, time, location and estimated length of the Hearinghearing, at least 10 calendar days prior to the Hearing hearing date. The Hearing Officer may require the submission of written closing statements at the close of the Hearing hearing and prior to the issuance of a decision. Such closing statements must be submitted within 15 calendar days after completion of the Hearinghearing. The time periods in this Section may be extended by mutual agreement of the City and the appellant. d. After the hearing is completed, the Hearing Officer shall issue findings and a decision to overturn, modify, or uphold the disciplinary action. The Hearing Officer’s decision shall be issued within 30 days after the completion of the Hearing hearing and the submission of closing statements, if required. The City or the appellant may request that the Hearing Officer’s decision be submitted to the City Council for review. Such a request to review must be made in writing to the Human Resources Director within 30 calendar days after receipt of the Hearing Officer’s decision. If submitted to the City Council for review, the City Council may overturn, modify or uphold the Hearing Officer’s decision. The City Council’s decision shall be final. e. The cost of the Hearing Officer’s services shall be shared equally between the City and the appellant. Recording costs shall be borne by the requesting party or shared equally, if both parties request recording of the Hearinghearing. The City and the appellant shall each be responsible for their own representation costs, witness expenses, or any other costs associated with the Hearinghearing. f. If the appellant fails to attend a scheduled Hearing hearing or fails to submit their portion of the costs of the Hearinghearing, prior to the hearing, the appeal will shall be considered abandoned. If the appeal is abandoned, there shall be no further administrative review or City Council review.

Appeal Hearings. a. Within 14 calendar days after a serious disciplinary action is imposed (as defined in Section 7.02(A)(6))imposed, the employee shall have the right to appeal the disciplinary action. An independent Hearing Officer shall hear the appeal. Such appeal shall be conducted as an evidentiary hearing. b. The Hearing Officer shall be selected from a list of names provided by the American Arbitration Association or the California State Mediation and Conciliation Service. The City and the appellant shall alternately delete names; the remaining name shall be selected as the Hearing Officer. As an alternative, the City and the appellant may mutually agree on the selection of a Hearing Officer. The Hearing Officer shall be selected within 15 calendar days after receiving the list of potential Hearing Officers. c. The City and the appellant shall present written summaries of the issues to be considered, witnesses to be called, and any other materials to be considered by the Hearing Officer prior to the Hearinghearing. The City or the appellant may request that the Hearing hearing be recorded. The Hearing Officer shall schedule the Hearing hearing within 30 days after receiving the written materials. The Hearing Officer shall notify the City and the appellant of the date, time, location and estimated length of the Hearinghearing, at least 10 calendar days prior to the Hearing hearing date. The Hearing Officer may require the submission of written closing statements at the close of the Hearing hearing and prior to the issuance of a decision. Such closing statements must be submitted within 15 calendar days after completion of the Hearinghearing. The time periods in this Section may be extended by mutual agreement of the City and the appellant. d. After the hearing is completed, the Hearing Officer shall issue findings and a decision to overturn, modify, or uphold the disciplinary action. The Hearing Officer’s decision shall be issued within 30 days after the completion of the Hearing hearing and the submission of closing statements, if required. The City or the appellant may request that the Hearing Officer’s decision be submitted to the City Council for review. Such a request to review must be made in writing to the Human Resources Director within 30 calendar days after receipt of the Hearing Officer’s decision. If submitted to the City Council for review, the City Council may overturn, modify or uphold the Hearing Officer’s decision. The City Council’s decision shall be final. e. The cost of the Hearing Officer’s services shall be shared equally between the City and the appellantUnion. Recording costs shall be borne by the requesting party or shared equally, if both parties request recording of the Hearinghearing. The City and the Union shall each be responsible for their own representation costs, witness expenses, or any other costs associated with the hearing. f. If the appellant fails to attend a scheduled hearing or fails to submit their portion of the costs of the hearing, prior to the hearing, the appeal shall be considered abandoned. If the appeal is abandoned, there shall be no further administrative review or City Council review. g. In the event that either party requests that the Hearing Officer’s decision be submitted to the City Council for review, the requesting party shall be responsible for the full cost of the Hearing Officer’s services as well as any recording costs. The City and the appellant shall each be responsible for their own representation costs, witness expenses, or any other costs associated with the Hearing. f. If the appellant fails to attend a scheduled Hearing or fails to submit their portion of the costs of the Hearing, the appeal will be considered abandoned. If the appeal is abandoned, there shall be no further administrative review or City Council review.

Appeal Hearings. a. Within 14 calendar days after a serious disciplinary action is imposed (as defined in Section 7.02(A)(6)), the employee shall have the right to appeal the disciplinary action. An independent Hearing Officer shall hear the appeal. Such appeal shall be conducted as an evidentiary hearing. b. The Hearing Officer shall be selected from a list of names provided by the American Arbitration Association or the California State Mediation and Conciliation Service. The City and the appellant shall alternately delete names; the remaining name shall be selected as the Hearing Officer. As an alternative, the City and the appellant may mutually agree on the selection of a Hearing Officer. The Hearing Officer shall be selected within 15 calendar days after receiving the list of potential Hearing Officers. c. The City and the appellant shall present written summaries of the issues to be considered, witnesses to be called, and any other materials to be considered by the Hearing Officer prior to the Hearing. The City or the appellant may request that the Hearing be recorded. The Hearing Officer shall schedule the Hearing within 30 days after receiving the written materials. The Hearing Officer shall notify the City and the appellant of the date, time, location and estimated length of the Hearing, at least 10 calendar days prior to the Hearing date. The Hearing Officer may require the submission of written closing statements at the close of the Hearing and prior to the issuance of a decision. Such closing statements must be submitted within 15 calendar days after completion of the Hearing. The time periods in this Section may be extended by mutual agreement of the City and the appellant. d. After the hearing is completed, the Hearing Officer shall issue findings and a decision to overturn, modify, or uphold the disciplinary action. The Hearing Officer’s decision shall be issued within 30 days after the completion of the Hearing and the submission of closing statements, if required. The City or the appellant may request that the Hearing Officer’s decision be submitted to the City Council for review. Such a request to review must be made in writing to the Executive Director Human Resources Director / Risk Management within 30 calendar days after receipt of the Hearing Officer’s decision. If submitted to the City Council for review, the City Council may overturn, modify or uphold the Hearing Officer’s decision. The City Council’s decision shall be final. e. The cost of the Hearing Officer’s services shall be shared equally between the City and the appellant. Recording costs shall be borne by the requesting party or shared equally, if both parties request recording of the Hearing. The City and the appellant shall each be responsible for their own representation costs, witness expenses, or any other costs associated with the Hearing. f. If the appellant fails to attend a scheduled Hearing or fails to submit their portion of the costs of the Hearing, the appeal will be considered abandoned. If the appeal is abandoned, there shall be no further administrative review or City Council review.