Teammate Handbook Cover

City of Morgan Hill Personnel Rules Effective Date: January 23, 2008

11.10 Scheduling a Hearing: The Personnel Officer shall schedule a hearing before the Employee Relations Panel during regular established City business hours to the extent feasible. The hearing shall be set not less that fifteen working days or more than thirty days from the date of the filing of the appeal. All interested parties shall be notified in writing of the day, time, and place of the hearing at least ten working days prior to the hearing. 11.11 Private or Public Hearings: All hearings shall be private; provided that the appellant may opt for a hearing open to the public. Any request for an open hearing shall be submitted to the Personnel Officer at least five working days prior to the hearing date or the hearing will be closed. 11.12 Submission of Hearing Documents to the Panel: At least five working days prior to the date set for the hearing, the Personnel Officer shall provide the Panel with the Notice of Intent to Discipline, the Final Notice of Discipline, and any response from the appellant to these notices. The Panel shall not be provided any other supporting documents until the hearing. 11.13 Exhibits and Witness Lists: Five days prior to the date set for the hearing, each party shall serve upon the other party and submit to the Personnel Officer, four copies of a list of all witnesses and a list and copy of all exhibits to be used by that party. The Panel shall be provided with copies of these documents at the hearing. 11.14 Record of Proceedings and Costs: All disciplinary hearings may, at the discretion of either party or the Panel, be recorded by a court reporter. Any hearing which does not utilize a court reporter shall be recorded by audio tape. If a court reporter is requested by either party, that party shall pay the cost of the court reporter. If both parties request a court reporter, the cost will be split by both parties. If the Panel requests a court reporter, the City shall pay the cost of the reporter. Employees of the City who are selected to the Panel or required to testify during working hours will be released with pay to appear at the hearing. Employees who are selected to the Panel or required to testify during non-working hours will be compensated for the time they actually testify, unless the City agrees to a different arrangement.

11.15 Conduct of the Hearing:

a. The hearing shall be informal and the rules of evidence prescribed for duly constituted courts shall not apply, but hearing shall be conducted in a manner most conducive to determination of the truth.

b. The City and the appellant may be represented by legal counsel or other designated representative.

c. Any relevant evidence to the matter at hand may be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of

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