Sanger Municipal Code Art. II Personnel Commission

(a) There is hereby created a personnel commission to consist of three members. Appointments to the personnel commission shall be made on a case-by-case basis. A three-member personnel commission shall consist of a state mediation board mediator who shall serve as chair of the personnel commission, one member appointed by management, and one member appointed by the respective bargaining unit to which the disciplinary matter pertains. Upon final determination of the particular disciplinary case, the applicable commission shall be dissolved.

(b) No person shall be appointed to the personnel commission who holds any salaried office or employment with the city.

(c) The personnel commission shall have the right of subpoena, the power to examine witnesses under oath, the power to compel the attendance of witnesses and the power to require the production of evidence by subpoena. Subpoenas shall be issued in the name of the city and attested by the city clerk.

(d) Each member of the personnel commission shall have the power to administer oaths to witnesses.

(e) Each member of the personnel commission shall receive compensation in the amount of $200.00 per day for each meeting of the personnel commission, which he/she attends. Each member shall be reimbursed for the cost of meals, lodging, and mileage.

(Ord. No. 1152, § 1, 4-2-15)

(a) The personnel commission shall determine the order of business for the conduct of its meetings, and shall meet in accordance with such rules of procedures as may be adopted by the commission.

(b) The commission shall hear and consider all appeals submitted by any person in the competitive service relative to any punitive disciplinary action of dismissal, demotion, reduction in pay or suspension for a period of five days or more.

(c) To the extent required by state law, the commission shall hear and consider all administrative appeals of punitive action against members of the police department.

(d) The commission may affirm, revoke or in any way modify the disciplinary action imposed by the department director including, where appropriate, the imposition of more severe penalties than imposed by the department director as well as less severe penalties. The personnel commission shall not be limited to suspensions of 30 days if it determines that a longer period is warranted.

(e) In exercising its duties and responsibilities, the personnel commission shall consider whether the action taken by the department director was reasonably justified under all the circumstances. The commission shall not attempt to substitute its managerial philosophy for that of the department director. Nor shall it attempt to interfere with the managerial discretion or prerogatives of the department director. The appropriate consideration of the commission is whether the action appealed from was unreasonable or excessive.

(Ord. No. 1152, § 1, 4-2-15)

The personnel commission shall hold meetings at such time and place as shall be designated by the chairman or a majority of the members of the commission. Any meeting may be adjourned to a time certain and to a place designated by the chairman. A majority of the members of the commission shall constitute a quorum for the transaction of business, except that all members of the commission must be present for disciplinary appeal hearings, unless waived by all parties. Meetings shall be conducted in accordance with such rules of procedures as may be adopted by the commission.

(Ord. No. 1152, § 1, 4-2-15)

Meetings of the personnel commission shall be conducted in accordance with state law and shall be open and public, provided that hearings relating to the appointment and employment or dismissal of city employees or complaints or charges brought against officers or employees of the city shall be held in private unless such officer or employee requests a public hearing. The commission may exclude from any such public or private hearing, during the examination of witnesses, any or all other witnesses in the matter being investigated or considered by the commission.

(Ord. No. 1152, § 1, 4-2-15)