3-11-107. DECISIONS AND BURDEN OF PROOF.
(1) The Hearing Officer shall review a decision using a “substantial evidence” standard of review. “Substantial evidence” is that quantum and quality of relevant evidence that is adequate to convince a reasonable person to support a conclusion. If the Hearing Officer finds that there is “substantial evidence” to support the City’s action, the Hearing Officer shall uphold the action. If the Hearing Officer finds that there is not “substantial evidence” to support the City’s action, the Hearing Officer shall overturn the decision. If the Hearing Officer overturns the City’s action, the Hearing Officer’s decision shall provide that the City shall compensate the appellant as required by state law.
(2) The Hearing Officer’s decision shall be in writing, shall adopt findings of fact and conclusions of law in support of the Hearing Officer’s decision, and shall be certified to the City Recorder within fifteen (15) days of the date of the hearing.
a. The Hearing Officer may extend the 15-day period to a maximum of sixty (60) calendar days if the Hearing Officer has good cause and the consent of both the City and the employee.
(3) The Hearing Officer shall keep a record of the proceedings.
(4) The ruling by the Hearing Officer shall be the final administrative decision of the City.