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<br />39 <br /> <br /> <br />1. A covered employee who receives notice of a punitive action <br />covered by this section will be entitled to appeal the action to the <br />Fire Chief prior to the effective date of the punitive action. The <br />appeal is an opportunity for the employee to present written <br />material and arguments why a punitive action should not occur or <br />offer alternatives to the action. <br /> <br />a. Notice of Appeal: Within ten (10) calendar days of receipt by <br />an employee of notification of a punitive action, the <br />employee will notify the Chief in writing that they intend to <br />appeal the punitive action. The notice of appeal will specify <br />the action being appealed and the substantive and <br />procedural grounds for the appeal. <br /> <br />Nothing in this section will limit the right of the Department <br />to institute disciplinary action, notwithstanding that an <br />appeal may be pending. <br /> <br />b. Presiding Officer: In an informal procedure, the Chief or <br />designee will act as the presiding officer. The Chief or <br />designee shall conduct the informal procedure in accordance <br />with these processes. The determination of the Chief shall be <br />final and binding. If the Chief cannot serve as the presiding <br />officer because of actual bias, prejudice or interest as defined <br />by Government Code Section 11425.40, then the City <br />Manager or designee will serve as the presiding officer and, <br />in that case, the City Manager or designee’s determination <br />shall be final and binding. <br /> <br />The Chief will have seven (7) calendar days from receipt of the <br />request to schedule the informal procedure. The informal <br />procedure will take place within thirty (30) calendar days of <br />the date the employee was notified about the punitive action. <br /> <br />2. Burden of Proof: The City will bear the burden of proof at the <br />informal procedure. <br /> <br />a. If the action being appealed does not involve allegations of <br />misconduct (i.e., allegations that the employee has violated <br />one or more federal, state, or local laws, and/or City or <br />Department regulations, procedures, or rules) the limited <br />purpose of the procedure will be to provide the employee the <br />opportunity to establish a record of the circumstances <br />6.A. - Page 50 of 99 <br />57