§ 3.16.150. Appeals.

A.

A permanent status civil service employee may appeal a disciplinary action consisting of a suspension without pay of any length, demotion or dismissal as follows:

1.

Informal Appeal to Appointing Authority: Prior to the imposition of discipline consisting of suspension without pay, demotion or dismissal, the employee may file with the appointing authority and Human Resources Manager a written request to be heard informally by the appointing authority in response to the stated reason for the discipline.

a.

Such a request shall be filed not later than five working days following the date of the notice of disciplinary action under Section 3.16.120(D). The employee's right to a hearing by the appointing authority shall be waived if not timely filed.

b.

Within ten working days after a timely request, the appointing authority shall conduct an informal hearing at which the employee shall be given an opportunity to respond to the reasons for the disciplinary action and at which time the department director may consider evidence and relevant testimony.

c.

Within ten working days after a hearing conducted under this Subsection, the appointing authority shall file with the employee and the Human Resources Manager a written decision. The decision may rescind, modify or affirm the disciplinary action.

d.

If the employee has filed a timely request for an informal hearing as described in this Section and the appointing authority has provided a decision which the employee wishes to appeal, the employee may appeal that decision to the Civil Service Board. The appeal with the Civil Service Board shall be filed with the Human Resources Manager in writing not later than five working days after the date of the appointing authority's decision.

2.

Direct appeal to Civil Service Board: The employee may waive the informal hearing described in Section 3.16.150.A.1. above and file a direct appeal to the Civil Service Board.

a.

Such an appeal shall be filed in writing with the Human Resources Manager not later than five working days after the date of notice of the disciplinary action under Section 3.16.120(D). The employee's right to an appeal to the Civil Service Board shall be waived if not timely filed.

b.

If the employee files a timely request for a Civil Service Board hearing pursuant to this Section, the imposition of discipline shall be suspended pending the decision of the Civil Service Board.

c.

The Civil Service Board shall schedule a hearing within a reasonable time not exceeding forty-five days, unless extended by the Board, following the date the appeal was filed. The hearing shall be open to the general public. The employee may be represented by counsel, present witnesses in the employee's behalf and examine and cross-examine all witnesses. The Civil Service Board shall have the power to issue a subpoena on its own or at the request of the employee or the City. The Civil Service Board may request any employee of the City to give testimony. Notwithstanding any provision of the Charter or this Code authorizing the City Attorney to serve as legal counsel to the Civil Service Board, in contested cases before the Board, the City Attorney shall represent the interest of the City and the appointing authority and shall not render legal advice to the Civil Service Board.

d.

The Civil Service Board shall issue a written decision within forty-five days after the conclusion of the hearing. If the Civil Service Board finds that the action of the appointing authority was in error or acted contrary to the provisions of the City Code or the rules and regulations of the personnel system, or that the appointing authority failed to follow the proper procedure, the Civil Service Board may affirm, reverse or modify the action of the appointing authority and, if appropriate, may order reinstatement of the employee with or without loss of pay. Decisions of the Civil Service Board on all appeals shall be in writing, shall contain the reasons for the decision, and constitute final administrative adjudication.

3.

Leave Without Pay Status: If an employee is placed on administrative leave without pay prior to the imposition of discipline or the resolution of a pending appeal, the employee may file with the appointing authority and Human Resources Manager a written request to be heard informally by the appointing authority in response to the reason for the action.

a.

Such a request shall be filed not later than five working days following the date of the notice of disciplinary action under Section 3.16.120(D). The employee's right to a hearing by the appointing authority on the issue of being placed on leave without pay shall be waived if not timely filed.

b.

Within ten working days after a timely request, the appointing authority shall conduct an informal hearing at which the employee shall be given an opportunity to respond to the reasons for the leave without pay decision and at which the Department Director may hear from others with relevant information.

c.

Within ten working days after a hearing conducted under this Section, the appointing authority shall file with the employee and the Human Resources Manager a written decision. The decision may rescind, modify or affirm the leave without pay decision. A request to be heard filed under this Section shall not stay the leave without pay decision.

d.

If the employee has filed a timely request for an informal hearing as described in this Section, the employee may appeal that decision to the Civil Service Board. The appeal to the Civil Service Board shall be filed in writing with the Human Resources Manager not later than five working days after the date of the appointing authority's decision.

4.

Appeal Under a Collective Bargaining Agreement: An employee who is a member of a recognized employee organization may elect to pursue either the remedies available under the provisions of the applicable collective bargaining agreement or the remedies available under this Section.

a.

The presentation of a written grievance pursuant to a collective bargaining agreement shall constitute a waiver of remedies available under 3.16.150.A. or 3.16.150.B.

b.

The filing of either a request for hearing under Section 3.16.150.A. or an appeal under Section 3.16.150.B. shall constitute a waiver of remedies available under a collective bargaining agreement.

5.

An employee may file an appeal to the Civil Service Board alleging intolerable working conditions or other complaints enumerated under the civil service rules within thirty days of the date of the event which causes the employee to believe he or she has been aggrieved. Intolerable working conditions exist when: (1) the employer's unlawful conduct effectively forced the employee to resign; (2) a continuous pattern of employer misconduct existed; (3) or conditions were so egregious and intolerable that any reasonable person would have resigned.

a.

The Civil Service Board shall schedule a hearing within a reasonable time not exceeding forty-five days after the appeal was filed, unless extended by the Board. The hearing shall be open to the public. The employee may be represented by counsel, present witnesses and examine and cross-examine all witnesses. The Civil Service Board shall have the power to issue a subpoena on its own or at the request of an employee of the City. The Civil Service Board may request any employee of the City to give testimony. Notwithstanding any provision of the Charter or this Code authorizing the City Attorney to serve as legal counsel to the Civil Service Board, in contested cases before the Board the City Attorney shall represent the interests of the City and the appointing authority and shall not render legal advice to the Civil Service Board.

b.

The Civil Service Board shall issue a written decision within forty-five days after the conclusion of the hearing.

B.

In appeals of demotions, non-disciplinary dismissals and violations of the City Code or rules and regulations of the personnel system not otherwise addressed in Section 3.16.150, the Board may affirm, reverse or modify the action of the appointing authority, and in appeals of alleged intolerable working conditions, the Board may order any of the following relief:

1.

Order that the employee or employees causing the intolerable working conditions cease and desist in the conduct that creates the intolerable working conditions;

2.

Order that the employee or employees causing the intolerable working conditions accept counseling, education and/or training;

3.

Recommend disciplinary action against the employee or employees causing the intolerable working conditions;

4.

Order that the employee who was the subject of the intolerable working conditions be offered reinstatement to his or her most recent position with the City or, if not available, to other suitable employment in the City.

5.

A failure by the appointing authority or the Civil Service Board to timely conduct a hearing or to timely issue a determination following a hearing shall not constitute a basis to reverse or modify any disciplinary action taken pursuant to this chapter.

6.

A party aggrieved by a decision of the Civil Service Board made pursuant to this Section may appeal that decision to the Circuit Court for Anne Arundel County pursuant to Maryland Rule Title 7, Chapter 200 as may be amended from time to time. An appeal under this Section must be taken within thirty days of the date of the decision appealed and shall be the exclusive remedy of the aggrieved party from that decision.

(Ord. O-28-01 § 1: Ord. O-40-97 § 1 (part): Ord. O-41-95 § 1 (part): Ord. O-72-94 § 1; Ord. O-4-85 § 1 (part); prior code § 7-16)

(Ord. No. O-31-15 Amended, § I, 7-27-2015; Ord. No. O-12-16 Amended, § I, 5-23-2016)