Article II — Personnel Board of Review

The personnel board of review created under this article shall consist of five members to be appointed by the city council. Vacancies on the personnel board, from whatsoever cause, shall be filled by appointment by the city council. Three of the five members shall constitute a quorum and may conduct business.

(Ord. 1477 § 1 (part), 1990)

(Ord. No. 1842, § 1, 11-17-2010)

The personnel board appointed and sworn in on January 18, 1990 shall, no later than June 1, 1990, choose by lots one member whose term shall expire on January 17, 1991, one member whose term shall expire on January 17, 1992, and one member whose term shall expire on January 17, 1993. Thereafter, at the expiration of the terms so determined, successors shall be appointed for terms of three years.

(Ord. 1477 § 1 (part), 1990)

The members of the personnel board shall be qualified electors within the county and shall serve without compensation. No person shall be appointed to the board who holds any position with the city nor shall any member while a member of the board be eligible for appointment to any position with the city.

(Ord. 1477 § 1 (part), 1990)

(Ord. No. 1851, § 1, 9-7-2011)

A.

As provided in this article, by rule adopted hereunder or by memoranda of understanding between the city and employees' bargaining units, the board shall hear appeals by any person in the classified service relative to any situation involving the employees' status or conditions of employment, including disciplinary matters.

B.

Unless provisions to the contrary contained in any memoranda of understanding or pertinent law require otherwise, the findings and actions of the board are deemed advisory only to the city manager. If memoranda of understanding or law provide differently, then such findings or actions shall be deemed final action by the city and reviewable under administrative mandamus provisions of state law.

(Ord. 1477 § 1 (part), 1990)

(Ord. No. 1842, § 2, 11-17-2010)

A.

In any proceeding or hearing before the board, it shall have the power to compel the attendance of witnesses and the production of documents or other evidence, to examine witnesses under oath, to regulate conduct of proceedings before the board and to issue subpoenas in the name of the city. A subpoena issued hereunder shall be served by the police department and failure to appear may subject the subpoenaed party to prosecution or other sanctions in the manner set forth in law for failure to appear before the city council in response to a subpoena issued by the city council.

B.

Each member of the board may administer oaths to witnesses. Wilful failure or refusal of a witness to take the oath or affirmation may be treated as a contempt.

(Ord. 1477 § 1 (part), 1990)

The board shall, with the concurrence and approval of the city council, adopt procedural guidelines for the conduct of hearings by the board.

(Ord. 1477 § 1 (part), 1990)