§ 82-13. Appeal procedures for employees.
(a)
Right of appeal.
(1)
Any career service employee who is dismissed without good cause shall have the right to appeal to the personnel council.
(2)
Any candidate for appointment in the county service who is denied appointment, or any employee in county service who is suspended, demoted, dismissed or denied promotion because of political opinion or affiliation, religious belief, race, color, gender, national origin, ancestry, age, marital status or physical or mental disability, if such disability does not preclude the performance of the essential functions of the job, with reasonable accommodations provided as necessary, shall have the right to appeal to the personnel council.
(b)
Procedure for appeal.
(1)
An appeal to the personnel council shall be initiated by serving a written notice of appeal on the director of human resources no later than five working days from date of notification of a dismissal or denial of an appointment. The notice of appeal shall contain a short and clear statement of the facts showing why the employee is entitled to relief. All papers filed in connection with an appeal shall be public record. The personnel council after appropriate notice to all parties shall set a hearing on the appeal.
(2)
The candidate or employee may appear in person or be represented by counsel at the hearing before the personnel council. The candidate or employee may have witnesses testify in his behalf and such witnesses may be cross-examined or questioned by the appointing authority and the personnel council. The candidate or employee may also submit any and all such documentary evidence as may be material to the case.
(3)
The personnel policies shall provide the procedure for notice and hearing on appeals before the personnel council. The candidate or employee shall have the right to have the proceedings recorded by a court reporter at his expense.
(c)
Personnel council action.
(1)
The personnel council may reinstate the career service employee who was dismissed only if it appears after a proper public hearing that the dismissal was taken for reasons other than good cause.
(2)
The personnel council may order the appointment of any candidate for appointment to the next available vacancy in the county service, or the reinstatement of any employee in the county service who was dismissed, if it appears after a public hearing that the denial of appointment or promotion or the suspension, demotion or dismissal without good cause because of the candidate's or the employee's political opinion or affiliation, religious belief, race, color, gender, national origin, ancestry, age, marital status or physical or mental disability, if such disability does not preclude the performance of the essential functions of the job, with reasonable accommodations provided as necessary. The personnel council may order that any employee wrongfully dismissed or denied promotion shall be entitled to lost wages or other appropriate relief, if the circumstances warrant such order. Any awards of lost wages shall not exceed 30 days.
(3)
After the hearing the personnel council shall render a written decision within 30 days. Such decision shall contain findings of fact, a determination of whether there was good cause for the action taken, and a granting or denial in whole or in part of the relief requested.
(4)
In the event of a tie vote by the council members present and voting, management's original decision on the matter being appealed will be considered upheld, since no affirmative action was taken by the council to reverse that decision.
(Code 1979, § 1-145; Ord. No. 96-26, 5-28-96)