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~~ i <br />3; . • <br />'~ <br />~~h <br />k+Yl <br />~;is, <br />~'~~ ~ i <br />~I <br />.: <br />{jjI <br />~,1 <br />~k[ <br />i I' <br />it ~ <br />~' <br />f r` <br />'' <br />g ! i <br />~f <br />`~ <br />r i~ <br />4 <br />M <br />it <br />Z. <br />;: AN AMENDMENT REQUIRING HEARING x '', <br />EXAMINERS TO BASE THEIR <br />DECISIONS ON SPECIFIC CRITERIA <br />4 <br />Current Law <br />c <br />N `Section 143.057(f) states that the hearing examiner has the same duties an ~ ;dowers <br />has the Civil Service Commission as they relate to conducting disciplinary ~ ppeals, <br />'including the right to issue subpoenas. ~ ~ ; <br />~'` 'f 'Section 143.057(j) provides for an appeal to district court of a hearing ex iner's <br />'..decision only on the grounds that the examiner's decision was without ~uris ~ _ ion or <br />exceeded its jurisdiction or if the order wasprocured by fraud, collusion, other <br />unlawful means. <br />Pro osed anQe <br />This amendment would clearly define the p r Would statenthatual coammis n oroa <br />'. ~ the commission. The proposed amendment <br />,third party hearing examiner may uphold a suspension or dismissal of a fi ~, fighter <br />or police officer for a violation of a civil service rule by determining that th xpecific <br />~ charges against the fire fighter or police officer are true. This amendme ~ would <br />clarify that the same "findings" standard currently required of the commissi is also <br />uired of the hearin exarruner. In the event the hearing examiner does ~t make <br />recd g <br />', '~ a finding concerning the truth of the charges,'that decision may be appeale ,; <br />Reasons for Proposed Chanee <br />The commission is required to find the truth of the specific charges again ~ the fire <br />".fighter or police officer, and the hearing examiner has the same duties an .powers <br />' ~' as the commission. However, if a hearing e~caminer does not make a fin , ing as to <br />the truth of the chargesexam ner and a rovic~e for an appeal f ~hedhearing ~claminer <br />this duty of the hearing p <br />fails to comply. J <br />~~ <br />i l <br />I <br />a <br />