Section 6.13-4 of the El Paso City Charter provides that any permanent classified employee may appeal to the Civil Service Commission any order which is believed to violate rights granted to the employee by the Charter.

 

This applies to appeals from disciplinary actions taken against an employee, as well as appeals regarding any alleged violation of rights granted to classified permanent employees by the Charter.

 

Any appeal must be filed within thirty days of the alleged violation, setting forth in writing the reasons for the appeal.

 

Upon receiving notice, the Civil Service Commission may hear the appeal directly, or refer it to a Hearing Officer.

 

In the case of disciplinary appeals, the burden of proof is on the City to establish by a preponderance of the evidence, the grounds for the alleged offense, and that the punishment was justified. The disciplinary actions that may be appealed are discharge from employment, reduction in rank or position, and suspension from employment.

 

Section 6.13.3 of the Charter sets forth the causes for suspension, reduction, or discharge.

Rule 15 of the Civil Service Rules further defines the causes for discharge, suspension or reduction of regular employees. Rule 15 also sets forth the notice requirements for disciplinary actions.

 

In the case of disciplinary action, the City must take such action within 80 working days after the occurrence of the incident, or from the date that the Department Head knew or should have known that disciplinary action was appropriate. However, if a criminal investigation is being conducted regarding possible criminal charges against the employee arising out of the same incident, then the 80 period is tolled until formal charges are levied against the employee by an indictment or an information, or the investigation has been concluded, at which time the 80 day time period will again begin running.

 

When a disciplinary action is appealed, and assigned by the Commission to a Hearing Officer, the Hearing Officer will conduct the hearing, considering evidence submitted by the parties, and then filing a written Recommendation with the Commission. The Commission will then consider the matter, and accept or modify the recommendation of the Hearing Officer, or remand the matter to the Hearing Officer for development of additional facts and findings that the Commission determines to be necessary.

 

Decisions by the Commission on any appeal are final. Any further appeal must be to a court of competent jurisdiction.