Section 21-53 Appeals to city manager or personnel advisory board.

After the board's findings and recommendation or, if applicable, the chief's decision after reconsideration, the police officer, the community service aide and the complainant shall have the right to appeal as follows:

    (a)    The police officer and community service aide may appeal the police chief's decision to the personnel advisory board if the officer or community service aide 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 employee's grievance and reasons for appeal. The request must be filed within twenty-one (21) days after the officer or community service aide 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 and community service aide may appeal the police chief's decision to the city manager if the officer's or community service aide’s 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 employee's reasons for appeal. The request must be filed within twenty-one (21) days after the officer or community service aide 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 chief's 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 and community service aide. The officer or community service aide shall have fourteen (14) days after notice has been given to file a written response to the complainant's appeal with the city manager. The officer, the community service aide 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 or community service aide, 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 ; Ord. No. 22142, § 1, 7-21-14)

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. 22142, Amended, 07/21/2014, Prior Text; Ord. 20331, Added, 07/20/2009)