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<br /> 6. <br /> AN AMEND MENT RE~ UIRIN G THAT A HEARING EXAMIN E R <br /> FOLLOW THE P OCEDURAL RULES USED BY THE <br /> CML SERVICE COMMISSION AND ALLOWING THE <br /> CITY TO APPEAL A HEARING EXAMINER'S DECISION <br /> FOR FAILURE TO FOLLOW THE RULES <br /> Current Law <br /> Section 143.008 requires that the commission adopt rules necessary for the proper <br /> conduct of commission business. There is no appeal of a hearing examiner's <br /> decision to district court by the city except in very lirmted situations. <br /> proposed.J:..hange <br /> This amendment would require that a third party hearing examiner follow the <br /> procedural rules set by the city's civil service commission. It would also allow for an <br /> appeal of the hearing examiner's decision if the examiner failed to follow the <br /> commission's procedural rules. <br /> ,Reasons fur..Proposed--C..hange <br /> Civil service commissions often adopt detailed rules regarding procedures that must <br /> be followed during an appeal hearing. In the absence of a dtecific rule, <br /> commissions often require in their rules that the rules of civil proce ure shall be <br /> followed. <br /> Hearing examiners have often held hearings in which neither the commission rules <br /> nor the rules of civil procedure were followed. Under current law, the city cannot <br /> appeal the hearing examiner's decision for failure to follow the commission's rules <br /> of procedure. <br /> This amendment would clarify the procedural rules that the hearing examiner must <br /> follow and ~ould allow the city to appeal a hearing examiner's decision to district <br /> court for failure to follow those rules. <br /> PAGE 6 OF lO OF EXHIBIT A <br />