4.02.040 Formal Appeal Board Rules.
(1) To file an appeal, an employee must submit a written notice of appeal with the City Recorder within ten (10) calendar days of the final disposition of the informal grievance procedure. The notice of appeal shall be upon a form approved by the Appeal Board. Upon the filing of the appeal, the City Recorder shall forthwith refer a copy of the same to the Appeal Board. Upon receipt of the referral from the City Recorder, the Appeal Board shall, except as provided below, set a date for a hearing, take and receive evidence and fully hear and determine the matter that is the subject of the appeal.
(2) The officer or employee shall be entitled to appear in person and to be represented by counsel (who may be, but is not required to be, an attorney at law), to have a public hearing, to confront the witness whose testimony is to be considered, and to examine the evidence to be considered by the Appeal Board.
(3) The Appeal Board shall uphold the action that is the subject of the appeal unless the same is shown to be arbitrary, capricious, or contrary to law. Action that is contrary to law includes, but is not limited to, action based on race, color, religion, sex, pregnancy or pregnancy-related conditions, childbirth, age, national origin, disability, sexual orientation, gender identity, political affiliation, or incident to, or through, changes in the Office of Mayor, members of the Municipal Council, or heads of departments.
(4) The decision of the Appeal Board shall be by secret ballot, and shall be certified to the employee, the head of the department from whose action the appeal was taken, and the City Recorder no later than fifteen (15) calendar days from the date on which the hearing is held. Each decision of the Appeal Board shall require a majority of three (3) votes in favor of the decision to take effect.
(5) If the Appeal Board finds in favor of the employee, the Appeal Board shall provide that the employee shall receive:
(a) The employee’s salary for the period of time during which the employee is discharged or suspended without pay less any amounts the employee earned from other employment during this period of time; or
(b) Any deficiency in salary for the period during which the employee was transferred to a position of less remuneration.
(6) The Appeal Board may award only the relief described in this Section. The Appeal Board may not award a merit increase or any other consideration.
(7) A final action or order of the Appeal Board may be reviewed by the Court of Appeals by filing with that court a petition for review. A petition for review must be filed with the Court of Appeals within thirty (30) days after the issuance of the final action or order of the Appeal Board. The Court of Appeals review shall be on the record of the Appeal Board and for the purpose of determining if the Appeal Board abused its discretion or exceeded its authority.