HomeMy WebLinkAboutRES 930810-YRESOLUTION NO.
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W11EREAS, the City Council has the duty to establish administrative procedures for
hearings on disciplinary matters;
WIMREAS, the City Council deems it appropriate to establish proededures for such
hearings prior to conducting a hearing-,
NOW, THEREFORE
I BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN, TEXAS, THAT:
SECICION 1. The facts and recitations contained in the preamble of this resolution are
�_ereby found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim. The City Council hereby is that this
resolution implements Finance Policy 1 of the Century Plan - Policy Plan Element, which states -
"The will conduct all munici
i!al operations in an efficient business -like manner"; and further
finds that the adoption of this resolution is not inconsistent or in conflict with any other Century
Plan Policies, as required by Section 2.0 of the Administrative Chapter of the Policy Plan.
SECTION 2. This resolution shall be effective immediately upon adoption.
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RESOLVED this tU day of Ak_r L" 5 1993.
ATTEST: THE CITY OF GEORGETOWN:
Elizabeth Gray *.--'—LE'O WOOD
City Secretary Mayor
Marianne Landers Banks
City Attorney
Admin. Procedures Resolution No.
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1. The City Council, at its discretion, will schedule a hearing for the employee. The
hearing shall be open to the public only if requested in writing by the employee.
2. The City Secretary shall notify the employee and the City Manager of the hearing date
and time.
3. The City Secretary shall issue subpoenas for any witnesses if the employee or the City
Manager requests the subpoenas to be issued within 72 hours prior to the hearing date.
4. The City Manager and the employee may file documents to be introduced as a part of
the record of the .r•`. with the City Secretary at any time prior to the hearing.
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2. Announcement of general procedurel
a) The hearing is not a trial; the proceeding will be informal. The Mayor will
preside as the judge has the • to make evidentiary rulings. The City
Council will act as a jury and rule on the appeal. A simple majority vote of
the City Council will decide the appeal.
b) Rules of evidence will not be strictly followed, however, evidence shall be
limited to that which is directly relevant to the appeal.
d) Either party will be allowed to invoke the "rule", understanding that the actual
parties to the proceeding are the employee and the City Manager who will not
be subject to the "rule".
e) Hearing is open to public, but photography and video cameras will not be
allowed during the hearing on account of likelihood of disruption. A court
reporter will be present to transcribe the hearing, or in lieu thereof, an audio
tape recording of the meeting will be maintained as a matter of common
practice in the office of the City Secretary.
f) Each side will be given one and one-half hours to present its case to the City
Council, including opening statement, closing statement, presentation of
witnesses, and any rebuttal.
3. Request for any joint exhibits to be introduced.
4 Opening Statement by City Manager concerning disciplinary action taken.
5. Opening Statement by Employee concerning nature of appeal.
6. Employee Presents Appeal
a) Direct testimony of witness.
b) Cross examination of witness.
c) Re -direct and re -cross examination, as necessary.
d) Additional questions, if any, by Council members.
8. City Manager Responds to Employee's Appeal.
a) Direct testimony of witness.
b) Cross examination of witness.
c) Redirect and re -cross examination as necessary.
d) Additional questions, if any, by Council members.
9. City Manager restil
10. Rebuttal by Employee, if any.
a) Direct testimony of witness.
b) Cross examination of witness.
c) Re -direct and re -cross, examination as necessary.
d) Additional question, if any, by •
12. Rebuttal by City Manager, if any.
a) Direct testimony of witness.
b) Cross examination of witness.
c) Re -direct and re -cross examination as necessary.
d) Additional question, if any, by Council.
15. Short closing argument by City Manager.
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18. City Council returns to open session to vote to sustain, amend or overturn disciplinary
decision. Decision of the City Manager shall be upheld if supported by a preponderance of
the evidence. If the Council finds that the City Manager has proved its case, then the penalty
imposed shall not be disturbed unless the Council finds the penalty to be either insufficient in
its terms, excessive and unreasonable, or that the City Manager has abused his discretion.
19. Record vote of action will be recorded in the minutes of the meeting.
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