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<br /> 5. <br /> AN AMENDMENT PROVIDING THAT A <br /> HEARING EXAMINER SHALL UPHOLD THE <br /> DISCIPLINARY DECISION OF THE CHIEF IF <br /> THE HEARING EXAMINER MAKES A FINDING OF <br /> THE TRUTH OF THE SPECIFIC CHARGES AGAINST <br /> THE FIRE FIGHTER OR POLICE OFFICER <br /> Current Law <br /> The hearing examiner has the ability to alter the disciplinary action imposed by the <br /> chief even if the hearing examiner has made a determination that the city's charges <br /> against an officer are true. <br /> proposed~han~e <br /> This amendment would clarify any confusion regarding the determination that must <br /> be made by a hearing examiner. The hearing examiner must make a finding of the <br /> truth of the specific charges. This amendment would also provide that once the <br /> hearing examiner has made a finding of the truth of the specific charges against the <br /> fire fighter or police officer, the disciplinary action recommended by the chief shall <br /> be imposed. <br /> Reasons f2r..Proposed--C..hange <br /> In the past, hearing examiners have been confused as to the finding that must be <br /> made at an appeal hearing and the level of proof that is required of the city in <br /> defending its disciplinary recommendation. The amendment would clarify the <br /> findings that must be made by the examiner. <br /> Additionally, hearing examiners, in an attempt to reach a compromise between the <br /> chief and the disciplined uniformed officer, will: (1) find that the charges are true, <br /> but (2) determine that the disciplinary recommendation is too harsh and reduce it. <br /> PAGE 5 OF lO OF EXHIBIT A <br />