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• ,. <br />e~ <br />~f!., <br />'•p ~ ~ ,~ <br />~ '~ .' <br />~~ ~~ F <br />,~ <br />~, r! ' ~` <br />,. <br />,~ <br />is l ;~ ~f <br />:~' <br />~~ <br />,. <br />j' <br />,. <br />~ i, <br />I iE~ <br />l I, <br />AN AMENDMENT PRQVIDING THAT A ~';I <br />'` <br />HEARING EXAMINER SHALL UPHOLD THE <br />DISCIPLINARY DECISION OF THE CHIEF IF <br />THE HEARING EXAMINER MAKES A FINDING OF <br />!, THE TRUTH O F GHTER OR POLICE OFF CER NST',' <br />THE FIRE ~ <br />I~ Current Law 1 <br />~" i !~ <br />~ '~ ~ The hearing examiner has the ability to alter the disciplinary action impos by the <br />' ~ chief even if the hearing examiner has made a deterTrunation that the city' ~icharges <br />:against an officer are true. + ~~ <br />~m Pro.Posed hange ~~E <br />b. <br />This amendment would clarify any confusiori'~ regarding the determination t at must <br />'f ~ ~ be made by a hearing examiner. The heanng examiner must make a findi ~ of the <br />'~ 4 truth of the specific charges. This amendment would also provide that nce the <br />hearing examiner has made a finding of the xruth of the specific charges a inst the <br />~ fire fighter or police officer, the disciplinary action recommended by the c of shall <br />,,, <br />~i ,> be imposed. <br />r;~I~,~ <br />if'. '~ Reasons for Proposed Change { <br />~~ been cgnfused as to the finding th I ust be <br />~~ In the past, heanng examiners have <br />j~ made at an appeal hearing and the level of proof that is required of 'city m <br />;';'; defending its disciplinary recommendation. The amendment would c „rify the <br />findings that must be made by the examiner. <br />',' Additionally, hearing examiners, in an attempt to reach a compromise be een the <br />' ~ chief and the disciplined uniformed officer, wall: (1) find that the charge re true, <br />,{ # but (2) determine that the disciplinary recommendation is too harsh and r uce it. <br />~, <br />,a ~ <br />,~ i ~ <br />i, , <br />~~'~~ 1 <br />p ~.; <br />~p <br />i <br />f ~~'~ <br />''; <br />;. <br />,, <br />;; <br />~a , <br />~~~~~ <br />~' <br />~~ <br />~, :, <br />~e <br />