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SECTION 10: DISCIPLINARY HEARINGS <br />10.1 Request for Hearing <br />When a regular full -time for part-time employee is dismissed or demoted for disciplinary <br />reasons, the employee will be entitled to a hearing pursuant to this section of the Personnel <br />Policy. <br />If the employee is exonerated and reinstated to his or her former position, the rights of the <br />employee will be retroactive to the effective date of the disciplinary action. <br />10.2 Pre- Termination (Loudermill) Hearing <br />The Loudermill hearing, which serves as an initial check on the employment decision, will be <br />conducted in accordance with federal law as provided in Cleveland Board of Education v. <br />Loudermill. The employee will be given an opportunity to respond to the charges and present <br />reasons to the City Council why the discharge should not occur. Probationary employees are not <br />entitled to such a hearing. <br />10.3 Post - Discharge Hearing <br />For a post - discharge hearing, the employee must first submit a written request to the City <br />Administrator within 15 calendar days after receiving written notice of the discharge. The <br />hearing before the City Council will be held no later than 10 calendar days from the date City <br />Administrator's receipt of the written request for a hearing. <br />If an employee is not satisfied with the decision of the City Council after the hearing, he or she <br />may within seven calendar days submit the matter to a final hearing to be held by of board of <br />three arbitrators: one appointed by the City Administrator, on by the employee, and the third <br />selected by the two previously designated. By mutual agreement, the employee and the City <br />Administrator may elect to appoint a single arbitrator through the Bureau of Mediation Services. <br />The cost of the hearing shall be divided between the employee and the City. <br />10.4 Veterans' Preference Hearing <br />A discharge hearing for a veteran employed with the City will be in accordance with state and <br />federal law. Any veteran who has been notified of the intent to discharge from City employment <br />will be notified in writing of such intent to discharge and of the veteran's right to request a <br />hearing within 60 days of receipt of notice. The failure of the veteran to request a hearing within <br />the provided 60 -day period will constitute a waiver of the right to a hearing and all other <br />available legal remedies for reinstatement. <br />If a veteran is a member of a labor union whose collective bargaining agreement provides for <br />binding arbitration, the veteran may take advantage of both hearing processes. <br />56 <br />