ATTACHMENT 1
14.47.13 APPEAL TO CITY COUNCIL.
Upon written appeal to the City Council filed with the City Clerk within ten (10) days of the decision of the Civil Service Commission, a hearing shall be conducted pursuant to the provisions of Section 14.47.14. before the City Council at the earliest reasonable time as is consistent with the City Council’s agenda. The appealing and responding parties may be present at the Council hearing and may present written and oral arguments in their favor, and answer any questions from the members of the City Council.
14.47.14 RECORD ON APPEAL.
a) The City Council may uphold or reverse in whole or in part the decision of the Civil Service Commission; provided, however, that in no case may the City Council increase any penalty imposed by the Commission. The City Council may reduce a dismissal to a suspension of not to exceed sixty (60) days. b) The City Council’s deliberations shall be limited to a review of the record on appeal. The record on appeal shall consist only of the following:
1) The written charges, if any, against the employee and his answer, if any:
2) The transcript of the hearing, or any part thereof (if all interested parties so stipulate, the partial transcript shall be sufficient);
3) All other minutes of the Commission and the hearing officer, if any, relating to the matter; 4) Any exhibits admitted into evidence at the hearing; 5) Any memoranda of law submitted to the officer or to the Commission; 6) The decision of the Commission, including its findings of fact and conclusions of law and recommendations, if any;
7) The written exceptions of the parties.
c) In all cases, the City Council shall be bound by the findings of fact of the Civil Service Commission, unless in the opinion of the Council there is no substantial evidence to support the Commission’s decisions. In the event that there is no substantial evidence to support the Commission’s decision, the case shall be returned to the Commission for additional proceedings.
d) Any decision of the City Council to reverse or modify a decision of the Commission shall not be effective unless made by a majority vote of the entire membership of the Council.
14.47.15 NEWLY DISCOVERED EVIDENCE.
No evidence not previously submitted and received into evidence by the Civil Service Commission or hearing officer may be considered by the City Council. Upon a showing to the satisfaction of the Council that new and substantial evidence has been discovered which, with the use of due diligence could not reasonably be expected to have been presented at the hearing before the Commission, Committee of the Civil Service Commission or hearing officer, the Council, at its discretion, shall return the matter to the Commission, Committee of the Civil Service Commission or hearing officer to hear such evidence and for further review.