04-11-2022 City Council Packet - Laserfiche WebLink

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SECTION 10: DISCIPLINARY HEARINGS 10.1 Request for Hearing When a regular full-time for part-time employee is dismissed or demoted for disciplinary reasons, the employee will be entitled to a hearing pursuant to this section of the Personnel Policy. If the employee is exonerated and reinstated to his or her former position, the rights of the employee will be retroactive to the effective date of the disciplinary action. 10.2 Pre -Termination (Loudermill) Hearing The Loudermill hearing, which serves as an initial check on the employment decision, will be conducted in accordance with federal law as provided in Cleveland Board of Education v. Loudermill. The employee will be given an opportunity to respond to the charges and present reasons to the City Council why the discharge should not occur. Probationary employees are not entitled to such a hearing. 10.3 Post -Discharge Hearing For a post -discharge hearing, the employee must first submit a written request to the City Administrator within 15 calendar days after receiving written notice of the discharge. The hearing before the City Council will be held no later than 10 calendar days from the date City Administrator's receipt of the written request for a hearing. If an employee is not satisfied with the decision of the City Council after the hearing, he or she may within seven calendar days submit the matter to a final hearing to be held by of board of three arbitrators: one appointed by the City Administrator, one by the employee, and the third selected by the two previously designated. By mutual agreement, the employee and the City Administrator may elect to appoint a single arbitrator through the Bureau of Mediation Services. The cost of the hearing shall be divided between the employee and the City. 10.4 Veterans' Preference Hearing A discharge hearing for a veteran employed with the City will be in accordance with state and federal law. Any veteran who has been notified of the intent to discharge from City employment will be notified in writing of such intent to discharge and of the veteran's right to request a hearing within 60 days of receipt of notice. The failure of the veteran to request a hearing within the provided 60-day period will constitute a waiver of the right to a hearing and all other available legal remedies for reinstatement. If a veteran is a member of a labor union whose collective bargaining agreement provides for binding arbitration, the veteran may take advantage of both hearing processes. 71