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NS-2232
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Last modified
1/3/2012 1:02:43 PM
Creation date
6/26/2003 10:08:08 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2232
Date
9/19/1994
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ORDINANCE NS-2232 319 <br />Page 26 <br /> <br /> Examination of witnesses, trial, or hearing is not required, <br />but may be provided in the discretion of the appointing authority. <br />Copies of the charges, the notice of the action, the answer, the <br />reasons for and the order of removal or suspension without pay, and <br />also the reasons for the actions taken shall be made a part of the <br />records of the city, and, on request, shall be furnished to the <br />individual affected and to the personnel board. <br /> <br />Sec. 9-118.2. Notice of proposed adverse action. <br /> <br /> Except as provided in section 9-118.4, infra, an employee <br />against whom disciplinary action is pending is entitled to <br />reasonable advance written notice stating any and all reasons, <br />specifically and in detail, for the proposed action. The material <br />on which the notice is based and which is relied upon to support <br />the reasons in that notice, including, but not limited to, <br />statements of witnesses, documents, and investigative reports or <br />extracts therefrom, shall be assembled and made available to the <br />employee for his or her review and copying. The notice shall inform <br />the employee when and where he or she may review such material. <br />Material which cannot be disclosed to the employee may not be used <br />to support the reasons in the notice. <br /> <br />9-118.3. Employee's answer. <br /> <br /> Except as provided in Section 9-118.4, infra, an employee is <br />entitled to a reasonable time, not to exceed ten (10) days unless <br />the appointing authority authorizes a longer time, to answer a <br />notice of proposed disciplinary action. The time to be allowed <br />depends on the facts and circumstances of the case, and shall be <br />sufficient to afford the employee ample opportunity to review the <br />material relied on by the appointing authority to support the <br />reasons in the notice and to prepare an answer. If the employee <br />answers, the appointing authority shall consider the answer in <br />reaching a decision. The employee is entitled to answer personally, <br />in writing, or both personally and in writing. The right to answer <br />personally includes the right to answer orally in person by being <br />given a reasonable opportunity to make any representations which <br />the employee believes might sway the final decision in his or her <br />case. When the employee requests an opportunity to answer personal- <br />ly, the agency shall make a representative or representatives <br />available to hear the answer. The representative or representatives <br />designated to hear and answer shall be persons who have authority <br />either to make a final decision on the proposed adverse action or <br />to recommend what final decision should be made. As used herein, <br />the noun "answer" shall be deemed to include such statements, <br />affidavits, declarations, or other evidentiary matter as the <br />employee may wish to submit. <br /> <br />26 <br /> <br /> <br />
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