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HomeMy WebLinkAbout1980 Ordinance No. 014• • • ORDINANCE NO . 14 SERIES OF 1980 BY AUTHORITY COUNCIL BILL NO. 14 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AMENDING SECTION 13, CHAPTER 3, TITLE V, OF THE '69 ENGLEWOOD MUNICIPAL CODE, AUTHORIZING THE APPOINTMENT OF A HEARING OFFICER BY THE BOARD OF CAREER SERVICE COMMISSIONERS, DEFINING HIS DUTIES. WHEREAS, it has come to the attention of City Council that a disproportionate amount of time and effort are now required by the Career Service Board in the performance of its duties pur- suant to the City Charter and Municipal Code; and WHEREAS, the City Council has become aware of the tremend- ously increased workload to which the Board is now subjected; and WHEREAS, as the result of the extreme demands of time and because of the complexity of the issues, the length of hearings now in progress, together with other duties assigned to the Board and the extensive costs which are involved by the retention of attorneys for the Board, and for those participants that may come before it, the Board has requested the City Council to alleviate the problems and to assist them in the prompt and efficient per- formance of their duties. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Section 13, Chapter 3, Title V, of the '69 EMC is hereby amended to read as follows: 5-3-13: DISCIPLINARY ACTION AND APPEALS (a) Any employee having permanent status may be dismissed, demoted or suspended by the appointing authority upon filing with the Board, and serving personally or by certified mail addressed to his last known record address upon employee, a written statement of the cause for such action, which cause shall relate to the performance of duties , personal conduct or any factors detrimental to the City. (b) Within five (5) working days after the receipt of the aforesaid statement, the Board shall notify the employee by certified mail of his right to file a written reply with the Board • ~· • • • {c) If the employee fails to file with the Board such a written reply within five (.5) working days after RECEIPT of the Board's notice, EITHER BY PERSONAL SERVICE OR THROUGH CERTIFIED MAIL, RETURN RECEIPT REQUESTED, of his right to do so, the action of the appointing authority shall be final, and in the cause of dismissal, the Board shall declare the posi tion vacant. (d) If the employee files such written reply with the Board within the said time limit, the Board shall set a hearing to be held within the thirty {30) days of the filing of such reply. UPON GOOD CAUSE SHOWN AND FOR DUE REGARD FOR THE CONVENIENCE AND NECESSITY OF THE PARTIES AND THEIR REPRESENTATIVES, THE BOARD MAY EXTEND SUCH TIME FOR HEARING. At said hearing, employee shal l be entitled to representation of his own choosing at his own expense. {e) {l) WHEN THE HEARING, AS PROVIDED IN THIS SECTION, WILL, OR IS LIKELY TO, PRESENT: {a) COMPLEX ISSUES OF FACT OR LAW, {b) NUMEROUS WITNESSES AND EXTENSIVE ORAL TESTIMONY OR DOCUMENTARY EVIDENCE, OR FOR ANY OTHER GOOD CAUSE AS MAY BE DETERMINED BY THE BOARD, SAID BOARD MAY APPOINT A HEARING OFFICER WHO SHALL HEAR THE DISCIPLINARY ACTION AS AUTHORIZED IN THIS SECTION. (2) SAID HEARING OFFICER SHALL HAVE SUCH GENERAL AUTHOR- ITY AS NOW CONTAINED IN 24-4-105(4) CRS '73, AS AMENDED, SUBJECT, HOWEVER, TO THE PROVISIONS OF THIS SECTION. {3) WITHIN TWENTY {20) WORKING DAYS AFTER THE CONCLUSION OF THE HEARING, SAID HEARING OFFICER SHALL PREPARE AND FILE WITH THE BOARD A STATEMENT OF FINDINGS AND RECOMMENDATION UPON ALL THE MATERIAL ISSUES OF LAW AND FACT. IN SUBMITTING THE INITIAL FINDINGS AND RECOMMENDATION TO THE BOARD, THE HEARING OFFICER MAY ALSO SUBMIT ALL OR ANY PART OF THE RECORD OF PROCEEDINGS IN ORDER TO CLARIFY OR SUPPORT SAID FINDINGS AND RECOMMENDATION. (4) NO EX PARTE MATTERS OR REPRESENTATION OF ANY KIND OFFERED WITHOUT NOTICE SHALL BE RECEIVED OR CON- SIDERED BY THE BOARD OR THE HEARING OFFICER. {S) WITHIN TEN (10) WORKING DAYS AFTER THE DATE OF SUB- MISSION BY THE HEARING OFFICER OF THE STATEMENT OF FINDINGS AND RECOMMENDATION TO THE BOARD, THE AGGRIEVED PARTY,· EITHER THE EMPLOYEE OR THE APPOINT- ING AUTHORITY, MAY FILE A PETITION PROTESTING THE -2- .. • • • (6) (7) (8) SAID STATEMENT AS TO THE FINDINGS, RECOMMENDATION OR BOTH. A COPY OF THE PETITION SHALL ALSO BE SERVED UPON THE OPPOSING PARTY, WHO MAY, WITHIN TEN (10) WORKING DAYS FROM THE DATE OF RECEIPT OF SAID PETITION, RESPOND THERETO. UPON RECEIPT OF THE PETITION IN PROTEST AND THE RESPONSE THERETO, IF FILED, THE BOARD MAY ORDER ALL OR ANY PART OF THE RECORD OF PROCEEDINGS TRANS- CRIBED AND SUBMITTED TO IT FOR ITS REVIEW. THE BOARD MAY, IN ITS DISCRETION, PERMIT ORAL ~RGUMENT BUT SHALL NOT REHEAR TESTIMONY ALREADY RECEIVED OR PRESENTED TO THE HEARING OFFICER. THE FINDINGS AND RECOMMENDATION OF THE HEARING OFFICER SHALL NOT BE SET ASIDE BY THE BOARD UNLESS SUCH FINDINGS AND RECOMMENDATION ARE CONTRARY TO LAW OR ARE UNSUPPORTED BY THE WEIGHT OF THE EVIDENCE. (9) AFTER ORAL ARGUMENT, IF PERMITTED, AND REVIEW BY THE BOARD OF THE HEARING OFFICER'S FINDINGS AND RECOM- MENDATION TOGETHER WITH PETITIONS OF THE PARTIES, SAID BOARD SHALL, WITHIN TWENTY (20) WORKING DAYS, MAKE ITS FINDINGS A MATTER OF RECORD, AFFIRMING, MODIFYING OR REVERSING THE ACTION OF THE APPOINTING AUTHORITY. (10) THE DECISION OF THE BOARD SHALL BE FINAL, SUBJECT TO JUDICIAL REVIEW PURSUANT TO RULE 106(a) (4) COLORADO RULES OF CIVIL PROCEDURE AS SAID RULE EXISTS OR AS IT MAY BE LATER AMENDED. (11 ) SHOULD THE BOARD FIND THAT NEW EVIDENCE PERTAINING TO THE ISSUES AND SUBSTANTIAL IN NATURE SUFFICIENT TO AFFECT THE DECISION OF THE BOARD WAS NOT AVAILABLE AT THE TIME OF THE HEARING BY THE SAID HEARING OF- FICER, SAID BOARD MAY, UPON REQUEST OF EITHER PARTY, REMAND THE MATTER TO THE HEARING OFFICER WITH INSTRUC- TIONS FOR A NEW HEARING TO RECEIVE SUCH EVIDENCE AND RESUBMIT SAID OFFICER'S STATEMENT PURSUANT TO THE PROVISIONS OF THIS SECTION. Introduced, read in full, and passed on first reading on the 7 t h day of May, 1980. Publi shed as a Bill for an Ordinance on the 14th day of May, 1980 . -3- • • • Read by title and passed on final reading on the 2nd day o f J une, 1980 . Published by title as Ordinance No. 14 , Series of 1980, ----on the 4th day of June, 1980. Attest: (' <f;::;;Lftjt?c~;_Z?~ I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No . 14 , Series of 19 80. ~~-~ GR~Higbe -4-