§ 11.08. Commission appeal procedure.

(a)

Except as otherwise provided by this article, a Sworn Employee may appeal to the Commission disciplinary appeals resulting from suspensions, involuntary demotions, and indefinite suspensions by filing a written notice of appeal with the Director within ten (10) business days after the date the action occurred. Except as otherwise provided by this article, a Sworn Employee may challenge promotional exam questions and promotional bypass to the Commission by filing a written notice of appeal to the Director within five (5) business days of the date of the promotional examination or promotional bypass.

(b)

The appeal notice must include the basis for the appeal and a request for a Commission hearing. For disciplinary appeals, the appeal must also contain a statement denying the truth of the charge(s) as made, a statement taking exception to the legal sufficiency of the charge or action taken, a statement alleging that the recommended action does not fit the alleged offense or circumstances, or a combination of these statements.

(c)

In each hearing, appeal, or review of any kind in which the Commission performs an adjudicatory function, the Sworn Employee is entitled to be represented by counsel or a person the Sworn Employee chooses. Each Commission proceeding shall be held in accordance with the Texas Open Meetings Act (or successor law).

(d)

Witnesses may be placed under "The Rule" at the Commission hearing.

(e)

The Commission shall conduct the hearing fairly and impartially as prescribed by this article and shall render a just and fair decision. The Commission may consider only the evidence submitted at the hearing.

(Ord. of 11-17-08)