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6.K. - Page 46 of 190 <br />material and arguments why a punitive action should not occur or <br />offer alternatives to the action. <br />a Notice of Appeal: Within ten 10 calendar days of receipt <br />by an ern to ee of notification of a punitive action the <br />employee will noti the Chief in writing that he/she intends <br />to appeal the punitive action. The notice of appeal will <br />specify the action being aQQealed and the substantive and <br />procedural grounds for the appeal. <br />Nothing in this section will limit the right of the Department <br />to institute disciplinary action, notwithstanding that ars <br />appeal may be pending. _ <br />b Presidio Officer: In an informal procedure, the Chief or <br />his her desi nee will act as the residin ofFicer> The Chief <br />or his/her designee shall conduct the informal procedure in <br />accordance with these processes. The determination of the <br />Chief shall be final and binding. If the Chief cannot serve as <br />the presidinq officer because of actual bias, oreiudice or <br />then the City Manager or his/her designee will serve as the <br />presiding off=icer and in that case the City Tana er or <br />his her designee's determination shall be final and bindin . <br />The Chief will have seven (7) calendar days from recent of <br />the re use est to schedule the informal procedure. The informal <br />procedure will take place within thi& (30) calendar days of <br />the date the employee was notified about the unitive <br />action. <br />2L -Burden of Proof: The City will bear the burdencif rp oof at the <br />informal .procedure. <br />a) If the action being,, pealed does not involve_ allegations of <br />misconduct i. -allegations that the em looyee has violated <br />one or more federal state or local laws and/or City or <br />13e artment regulations, procedures, or rules) the limited <br />purpose of the procedure will be to provide the employee <br />the opportunity to establish a record of the circumstances <br />surrounding the action. The ®e artment's burden will be <br />satisfied if the lie artment establishes._ that the action was <br />reasonable even though reasonable persons might disagree <br />about whether the action was the best one under the <br />circumstances. <br />bj If the punitive action involves charges of miscon.._ duct,i.ee <br />aIle ag tionskhat the employee has violated one or more laws <br />35 <br />