Chapter 21 POLICE*
Section 21-53 Appeals to city manager or personnel advisory board.
After the boards findings and recommendation or, if applicable, the chiefs
decision after
reconsideration, the police officer and the complainant shall have the right to appeal as follows:
(a) The police officer may appeal the
police chiefs decision to the personnel advisory board
if the officer was suspended, demoted or discharged. The appeal shall be made by filing a
written request with the city clerk for a hearing before the personnel advisory board. The request
shall set forth the employees grievance and reasons for appeal. The request must be filed
within
twenty-one (21) days after the officer was given notice of the right to appeal. The hearing shall
be held in accordance with the provisions of chapter 19. The director of human resources shall
give the complainant ten (10) days written notice of the hearing. At the hearing, the complainant
shall be allowed to testify to the facts of the incident and shall be allowed to express an opinion
on the appropriate personnel advisory board action.
(b) The police officer may appeal the
police chiefs decision to the city manager if the
officers discipline was other than suspension, demotion or discharge. The appeal shall be
made
by filing a written statement with the city manager setting forth the employees reasons for
appeal. The request must be filed within twenty-one (21) days after the officer was given notice
of the right to appeal. The appeal shall be handled in accordance with the provisions of chapter
19. The city manager shall give notice of the appeal to the complainant and afford the
complainant the opportunity to discuss the matter with the city manager.
(c) The complainant may appeal the
police chiefs decision to the city manager. The appeal
shall be made by filing a written statement with the city manager explaining the reasons for the
appeal. The request must be filed within twenty-one (21) days after the complainant was given
notice of the right to appeal. The city manager shall give notice of the appeal to the police
officer. The officer shall have fourteen (14) days after notice has been given to file a written
response to the complainants appeal with the city manager. The officer and the complainant
shall not otherwise communicate with the city manager concerning the complaint. If the
employee has also appealed, the procedures of subsection (a) or (b) shall be followed. If the
employee has not appealed, and the city manager determines that the alleged facts may merit
more severe discipline involving the suspension, demotion or discharge of the police officer, the
city manager may refer the matter to the personnel advisory board for a hearing following the
procedures set forth in chapter 19. Otherwise, the city manager may act on the appeal as the
manager deems appropriate.
(Ord. No. 20331, § 1, 7-20-09)
Editor's Note: The authority of the Citzens Police Review Board to review appeals from
the
police chief's decisions on alleged police misconduct shall only apply to decisions made by the
police chief after January 1, 2010.
(Ord. 20331, Added, 07/20/2009)