§ 2.20.180. HEARINGS UPON APPEAL OF DISCHARGE, DEMOTION OR SUSPENSIONS OF MORE THAN FIFTEEN (15) DAYS.

(A)

A non-probationary employee in the classified service who is discharged, demoted, or suspended for more than fifteen (15) working days in a twelve-month period may appeal the department director's decision and be heard by the Personnel Board or an appointed hearing officer.

(B)

The appeal to the Personnel Board as provided in subsection (A) constitutes the employee's sole and exclusive remedy for all claims, however denominated, related to or arising from the discharge, demotion or suspension. Application of this provision specifically extends to claims alleging, among other things, breach of contract of employment, breach of covenant, unlawful termination, or wrongful termination in violation of public policy.

(C)

In an appeal heard by the Personnel Board, the Borough must prove by a preponderance of the evidence that just cause exists to support the discipline imposed on the employee. The Borough and the employee may present relevant testimonial and documentary evidence. The Borough and the employee may confront and cross-examine all adverse witnesses. The employee may be represented by counsel at his own expense. All testimony shall be upon oath or affirmation and the entire proceeding recorded.

(D)

If the Board or hearing officer finds that just cause does not exist to discipline the employee based on a preponderance of the evidence, the board or hearing officer may award reinstatement, with or without loss of pay or leave benefit, for the period of the dismissal, demotion or suspension, or may modify discipline, as may be deemed appropriate.

(E)

The Mayor may appoint a hearing officer to hear and determine personnel appeals if the Personnel Board cannot render a decision or if the Personnel Board requests that a hearing officer be appointed. The hearing officer shall be qualified, unbiased and impartial with experience in law and the holding of hearings. A hearing officer so appointed shall have all the powers of the Board including those set forth in § 2.20.070(4).

(F)

Proceedings before the North Slope Borough Personnel Board or a hearing officer appointed under subsection (E) of this section are not governed by Chapter 2.28 of this code. The formal rules of evidence are not applicable.

(G)

In all cases, the Board or hearing officer shall report the findings, conclusions and decision to all parties in writing within ten (10) days following the close of the hearing. The Board or hearing officer may require the prevailing party to draft proposed findings, conclusions and decisions for their consideration, modification or adoption.

(H)

The Borough Attorney or his designee may advise the Board on procedural issues and matters of law as required in the discharge of the Board's duties. During the pendency of any appeal, the Attorney designated to advise the Board shall have had no material involvement in the disciplinary action appealed from and shall not participate, in any manner whatsoever, in the Board's deliberations. Nothing shall prevent another member of the Borough Attorney's staff from appearing before the Board and representing a Borough department in an appeal proceeding before the Board.

(I)

The Board may, in its discretion, employ temporary outside legal counsel for proceedings before the Board and court actions involving the Board when it is deemed necessary or appropriate.

(Ord. 80-26-2, passed 12-7-82; Am. Ord. 80-26-4, passed 9-8-87; Am. Ord. 80-26-10, passed 11-12-92; Am. Ord. 80-26-11, passed 6-7-94; Am. Ord. 80-26-26, passed 8-9-11)