Agmt19 MOU San Mateo County Firefighters International Association of Fire Fighters Local 2400

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case, the City Manager or his/her designee's determination shall be final and binding. The Chief will have seven (7) calendar days from receipt of the request to schedule the informal procedure. The informal procedure will take place within thirty (30) calendar days of the date the employee was notified about the punitive action. 2) Burden of Proof: The City will bear the burden of proof at the informal procedure: a) If the action being appealed does not involve allegations of misconduct (i.e., allegations that the employee has violated one or more federal, state, or local laws, and/or City or Department regulations, procedures, or rules) the limited purpose of the procedure will be to provide the employee the opportunity to establish a record of the circumstances surrounding the action. The Department's burden will be satisfied if the Department establishes that the action was reasonable, even though reasonable persons might disagree about whether the action was the best one under the circumstances. b) If the punitive action involves charges of misconduct, (i.e., allegations that the employee has violated one or more laws, regulations, procedures, or rules), the Department will have the burden of proving by a preponderance of the evidence the facts which form the basis for the charge of misconduct and the burden of persuasion that the punitive action was reasonable under the circumstances. 3) Conduct of Informal Procedure: a) The formal rules of evidence do not apply, although the Chief will have discretion to exclude evidence which is incompetent, not relevant or cumulative, or the presentation of which will otherwise consume undue time. b) The parties may present arguments through documents and statements. c) If the punitive action being appealed is a written reprimand or does not involve a loss of compensation, the parties will not be entitled to confront and cross-examine witnesses. 26