Common use of Conduct of Hearings Clause in Contracts

Conduct of Hearings. All hearings shall be open to the public, provided, however, that the hearing officer shall, at the request of the employee, exclude the public from all or any portion of such hearings. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determination of the truth. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence. He shall base his findings on the preponderance of evidence. Decisions made by the hearing officer shall not be invalidated by any informality in the proceedings. The hearing officer shall not have the authority to add to, modify, or subtract from this Agreement or to take testimony from one party outside the presence of the other. The hearing officer shall not have the authority or power to render a binding decision that requires the City to expend additional funds, to hire additional personnel, to buy additional equipment or supplies, or to pay wages or benefits not specifically provided for in this Agreement or to take any action which would be in violation of Federal or State laws. In disciplinary matters, the hearing officer may sustain or reject any or all of the charges filed against the employee. He may sustain, reject or modify the disciplinary action invoked against the employee. He may not provide for discipline more stringent than that invoked by the appointing authority.