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6.13. - Page 63 of 366 <br />b Reduce or otherwise mitigate the proposed <br />penalty and adopt the balance of the proposed <br />decision. <br />c Make technical or other minor changes in the <br />proposed decision and adopt it as the decision. <br />Action by the City Manager under this paragraph <br />is limited to a clarifyinq change or a change of a <br />similar nature that does not affect the factual or <br />legal basis of the proposed decision. <br />d) Refect the proposed decision and refer the case <br />to the same ALJ if reasonably available,. <br />otherwise to another ALJ, to take additional <br />evidence. If the case is referred to the ALJ <br />pursuant to this subparagraph, he -or she will <br />prepare a revised proposed decision based on <br />the additional evidence and the transcript and <br />other papers that are part of the record of the <br />rlor appeal hearing. A copy of the revised <br />proposed decision will be furnished decision will <br />be served to each party and his or her attorney. <br />e) Re'lect the proposed decision, and decide the <br />case upon the record, including the transcript, ar <br />upon an agreed statement of the parties with or <br />without taking additional evidence. By stipulation <br />of the parties the City Manager may decide the <br />case upon the record without including the <br />transcript. <br />3) The City Manager's decision will be reduced to writing <br />and will be final and bindinq on the parties. The City <br />Manaqer's written decision will be served on the <br />parties in accordance with Code of Civil Procedure <br />Section 1094.6 and the decision will be sub'ect to <br />iudicial review pursuant to Code of Civil Procedure <br />Section 1094.5. <br />a w• •• <br />• i <br />1 _ <br />•MEMO M <br />11.4 Probationary employees may be discharged for any reason which, in the sale <br />opinion of the City, is just and sufficient, and such discharge shall not be subject <br />to the grievance procedure set forth in Article 19, except that regular employees <br />of the City who are serving a probationary period for a promotional appointment <br />14 <br />82 <br />