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ORDINANCE NO. 1557 - page 10 / 15

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The City Council shall hear the appeal not less than twenty (20) days nor more than thirty-five (35) days after the

appeal is filed.

.03

The initial appeal filed by the appealing

party shall simply state that the appealing party has elected to appeal the decision of the arbitrator and state

in

general language the nature of the grounds for the

appeal.

notice

of

Within thirty (30) days after the

appeal,

the

appellant

must

serve

preliminary and file with

the

respondent condensed oral proce evidence p appellant and/or the position. statement service of respondent like manne

his proposed statement, consisting of (a) the statement in narrative form of all or part of the edings and (b) a summary statement of the written roduced and the grounds for the appeal of the setting forth which parts of the oral testimony

written evidence which sustain the appellant's

The appellant must on the respondent.

serve and file the Within twenty (2O)

proposed day after

the appellant’s proposed statement, the must serve and file his statement prepared in r as the appellant's.

.04

The arbitrator shall within five (5) days

after receipt of the statement of respondent file a summary statement of the oral testimony and documentary evidence introduced in this proceeding with reference to the points raised by the statements of both appellant and respondent and shall further file with the Council all documentary evidence introduced by the parties at the hearing of the matter, including tapes or any transcript of the proceeding

before the Arbitrator.

.05

The Council, at the hearing of the matter

on review, shall consider all summary statements received by it, together with the documentary evidence, including tapes and/or transcripts on file with the arbitrator and shall not be obliged to hear any further testimony or argument at said hearing except argument by one representative appointed by each of the parties, each of whom shall address the evidence

both documentary and oral which he or she believes sustains his or her respective position on appeal.

.06

The Council shall, upon hearing the

evidence, both documentary and oral, consider whether the arbitrator’s decision is supported by the preponderance of

the evidence or whether the Arbitrator’s decision and/or the

proceeding was arbitrary, capricious, unfair or contrary to the

standard set forth in this ordinance.

If the Council determines

that

the

decision

was

not

supported

by

the

preponderance

of

the evidence and/or that the decision or proceeding was arbitrary, capricious, unfair or contrary to the standard set

forth terms

in this ordinance, then the Council may grant the appeal

and

conditions

as

it

deems

just

to

achieve

the

purpose.

on of

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