Ord 1974-067 - Laserfiche WebLink

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95-b 4.) To adopt and thereafter, as conditions warrant, to alter or to amend, a code of procedures pursuant to the administration of the establish- ing ordinance. 5.) To hear complaints of members of the Classified service and recommend to the Personnel Director, for his consideration, solutions and/or report findings of the Board; provided however, that the grievance procedures as specified in the Personnel and Compensation Administration Plan of the City has been satisfied. II 6.) To investigate and report upon any and all matters pertaining to the personnel administration of the City, or the administration thereof, as may be referred by the City Manager. All decisions rendered by the Personnel Board in accordance with the appeal provisions of this Ordinance shall be considered final; and no appeal from said decisions shall be entertained or considered by any body of said City, whether elected or appointed. SECTION 3. That there be, and there is hereby, established a new section in Chapter 2, Article III, Division 1 of the Code of Ordinances of the City of San Marcos, Texas, numbered 2-29 and entitled "Appeal Procedure" so as .to read as follows: Section 2-29. Appeal Procedure. A.) An employee permanently appointed to a position in the Classified- service shall have the right of appeal to the Personnel Board as herein created from an order of discharge, suspension, or demotion, as defined in the Personnel and Compensation Administration Plan provided such appeal is filed in writing with the Personnel Director within ten (10) calendar days from the date of notice of suspension, discharge, or reduction. The ten (10) days within which appeal may be made shall begin on the day notice of action was served by the department upon the employee and shall end at 12:00 p.m., midnight, on the tenth calendar day hence. II B.) Within ten (10) calendar days after receiving notice of an appeal, the Personnel Board shall set, and post accordingly, a date for a public hearing thereon. Said public hearing date shall be within twenty (20) calendar days from the date of meeting of Personnel Board to set hearing date. Written notice of said hearing shall be furnished the employee and the officer or department head involved at least five (5) days prior to the date of such hearing, unless, such limitation as to time be waived by both employee and officer- or department head involved. The Personnel Board shall render a decision after conclusion of the hearing on such appeal. Said decision shall be by the majority vote of its members and shall determine whether the charges are sustained or over-ruled by a preponderance of the evidence. If the Board shall determine that the charges are over-ruled, the accused shall be immediately reinstated in his former position, without prejudice, and shall not be deprived of any salary for the period of time he may be suspended Or reduced in rank preceding the Board hearing. I In conducting such hearing, the Board shall, in all cases, afford full and free opportunity to all parties in interest to present evidence rele- vant to the issue or issues involved. Any party to said proceedings may invoke the rule as to witnesses as known to the practice in the District Courts of the State of Texas, and the Board may, on its .own motion, impose such rule, the effect of which will be to exclude from the hearing room all witnesses, including the person preferring the charges or acting in the discharge, suspension, or reduction of the accused employee while other witnesses are being questioned or other testimony given. In such hearing, the burden of proving the sufficiency of charges held to be in violation of the ground or grounds for discharge, suspension, or reduction shall rest upon the department head or officer by whom such action was taken and ordered. Any party to such proceeding may be represented by counsel.