HomeMy WebLinkAbout05349 ORDINANCE NO 5349
AN ORDINANCE AMENDING SECTIONS 1, 2, 3, 4 AND
5 OF CHAPTER 12 OF TITLE VI OF THE 1971 CODE
OF ORDINANCES OF THE CITY OF PUEBLO RELATING
TO APPEALS TO THE CIVIL SERVICES COMMISSION OF
THE CITY OF PUEBLO
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that
(Brackets indicate material being deleted; underscoring indicates
material being added )
SECTION 1
Section 6 -12 -1 of the 1971 Code of Ordinances is hereby
amended to read as follows
6 -12 -1 COMMISSION TO HEAR APPEALS
Pursuant to section 8 -4 of the City Charter, the Commis-
sion shall grant a hearing[s] to any employee or group of
employees who shall appeal in writing from [any of the
following actions] :
(a) any action pertaining to classification, reclassi-
fication or [and] allocation of positions.
(b) any disciplinary action involving suspension [in
excess of two (2) working days] , demotion or dismissal
of any employee in the classified service
6 -12 -2 APPEAL PROCEDURE [,EMPLOYEE]
[If] An employee [desires to] may appeal any action
specified in section 6 -12 -1 [he shall request a hearing
before the Commission on such action] by filing [such] a
written request [in writing] for hearing with the [chairman
of the] Commission within five (5) days [from the time] after
notice of the action was served on the employee. [The
hearing [on appeal] shall be held within five (5) days after
receipt of the request for hearing by the [chairman] Commis-
sion, unless this time is extended by mutual agreement of the
employee, the City, and the Commission
6 -12 -3 [CONDUCT OF HEARINGS ON] APPEAL HEARINGS
All appeal hearings [on appeals] shall be conducted as
quasi - judicial hearings in accordance with the provisions of
Title I of this Code.
The City shall have the burden of proof on all appeals
from disciplinary actions. The appellant shall have the
burden of proof on all other appeals.
6 -12 -4 DECISION OF COMMISSION ON APPEAL
(a) On any appeal under [the provisions of] section
6 -12 -1 [(a)] (b), the Commission may sustain, [the actions of
the department head or may sustain the appeal of the employee
and reinstate him if he is found to be innocent of the
charges preferred. If so found to be innocent, the employee
shall thereupon be entitled to resume his position and to
receive his regular rate of pay for the time lost ] reject or
modify the disciplinary action taken Where appropriate, the
Commission may order reinstatement and may award or deny back
pay or benefits in whole or in part
(b) On any other appeal [under the provisions of this
title,] the Commission [shall determine whether such action
shall be sustained or rejected.] may sustain or reject, but
may not modify the action taken.
(c) The Commission shall render its decision and
findings in writing and shall [send] serve copies thereof
[to] on the employee, department head and City Manager
[(d) The decision of the Commission shall be final
unless reversed by the District Court. If the decision of
the Commission is appealed, all proceedings shall be stayed
pending the outcome of the appeal to the District Court.]
6 -12 -5 [APPEAL FROM DECISION OF COMMISSION] DECISION FINAL;
JUDICIAL REVIEW
[Either the employee, department head, or the City may
appeal from any decision, finding or action of the Commission
to the District Court Such appeal shall be made to the
District Court within thirty (30) days from the date of the
decision, finding or action of the Commission and if not made
within said thirty (30) days] The decision, finding or action
of the Commission shall be final and binding on all parties
[.] unless within 30 days thereafter it is appealed to the
District Court under the provisions of section 1 -7 -14 of the
Code of Ordinances
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7
SECTION 2
The Ordinance shall take effect thirty (30) days after final passage
INTRODUCED September 22, 1986
BY PAUL JONES
COUNCI
APPROVED
RE IDENT 0 CI COUNCIL
ATTEST
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