Laserfiche WebLink
<br />e <br /> <br />e <br /> <br />6. <br />AN AMENDMENT REQUIRING THAT A HEARING EXAMINER <br />FOLLOW THE PROCEDURAL RULES USED BY THE <br />CML SERVICE COMMISSION AND ALLOWING THE <br />CIlY TO APPEAL A HEARING EXAMINER'S DECISION <br />FOR FAILURE TO FOLLOW THE RULES <br /> <br />Current Law <br /> <br />Section 143.008 requires that the commission adopt rules necessary for the proper <br />conduct of commission business. There is no appeal of a hearing examiner's <br />decision to district court by the city except in very limIted situations. <br /> <br />Proposed Change <br /> <br />This amendment would require that a third party hearing examiner follow the <br />procedural rules set by the city's civil service commission. It would also allow for an <br />appeal of the hearing examiner's decision if the examiner failed to follow the <br />commission's procedural rules. <br /> <br />Reasons for Proposed Change <br /> <br />Civil service commissions often adopt detailed rules regarding procedures that must <br />be followed during an appeal hearing. In the absence of a specific rule, <br />commissions often require in their rules that the rules of civil procedure shall be <br />followed. <br /> <br />Hearing examiners have often held hearings in which neither the commission rules <br />nor the rules of civil procedure were followed. Under current law, the city cannot <br />. appeal the hearing examiner's decision for failure to follow the commission's rules <br />of procedure. <br /> <br />This amendment would clarify the procedural rules that the hearing examiner must <br />follow and would allow the city to appeal a hearing examiner's decision to district <br />court for failure to follow those rules. <br />