Marysville Municipal Code § 8630 Time and Manner of Filing Appeal

An employee against whom an order of personnel action has been filed may, within five (5) calendar days after service of the order, file with the City Manager a request for an appeal hearing or, if the City Manager initiated the personnel action pursuant to Section 8610, a request that the matter be submitted to mediation. The written demand for a hearing shall include:

(a) Specific grounds for review; and

(b) Copies of all materials on which the appeal is based.

Within ten (10) working days of receipt of a request for hearing, the City Manager shall convene such a hearing, either for the purpose of hearing the employee's appeal to a personnel action or, if mediation is required pursuant to Section 8630, to appoint or select a mediator.

Where a mediator is required pursuant to Section 8630, a mediator may be mutually agreed upon by the parties. If the parties fail to mutually agree upon a mediator, the State Conciliation Service shall be requested to provide a list of names of five (5) mediators from which the parties will select a mediator by the alternate striking of names from the list, beginning with the employee striking first.

The mediation hearing shall be a full evidentiary hearing with full due process rights, including the right to present witnesses and evidence, cross examine opposing witnesses, the right to counsel and findings to support the decision.

(a) The mediator shall render a written decision within thirty (30) days of the conclusion of the hearing.

(b) The decision of the mediator shall be provided to both parties simultaneously.

Any decision of the mediator shall be advisory to the City Council, meeting in closed session, whose judgment on the disciplinary action shall be final.

Upon review of the mediator's decision, the City Council may affirm, modify, reverse, or otherwise resolve the disciplinary action.

The cost of the mediator shall be shared equally by the employee and the City. If a transcript of the proceedings is requested, the cost of the transcript shall be borne by the requesting party.