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1994 AGN MAR 15 I05
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1994 March 15 Agenda Packet
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1994 AGN MAR 15 I05
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IV. <br />\i1M <br />testify, and to rebut the evidence against the <br />witness. If the employee does not testify in <br />his or her own behalf, the employee may be <br />called and examined as if under cross- <br />examination. <br />5. The hearing need not be conducted according to <br />technical rules relating to evidence and witnesses. <br />Any relevant evidence shall be admitted if it is <br />the sort of evidence on which responsible persons <br />are accustomed to rely in the conduct of serious <br />affairs, regardless of the existence of any common <br />law or statutory rule which might have made <br />improper the admission of such evidence over <br />objection in civil actions. Hearsay evidence may <br />be used for the purpose of supplementing or <br />explaining any direct evidence but shall not be <br />sufficient in itself to support a finding unless it <br />would be admissible over objection in civil <br />actions. The rules of privilege shall be effective <br />to the same extent that they are now or hereafter <br />may be recognized in civil actions, and irrelevant <br />and unduly repetitious evidence shall be excluded. <br />H. The decision by the arbitrator/hearing officer is final <br />and binding and is not subject to any administrative or <br />judicial review except pursuant to the Code of Civil <br />Procedure Section 1286.2. <br />REPRESENTATION <br />A. An employee may request representation of his or her <br />choice at any stage of the grievance procedure. <br />B. The grievant and designated representative shall receive <br />release time for the purpose of representing the grievant <br />at any step. For purposes of this section, <br />representation includes reasonable preparation and <br />consultation. <br />C. The only limit on the grievant's representation is that <br />there may be only one other person from the bargaining <br />unit on paid status. Representation shall not <br />inordinately interfere with the normal course of City <br />business. <br />TIME LIMITS <br />A. Failure by a grievant to meet a deadline set in this <br />procedure shall terminate the grievance, and the grievant <br />shall not have a right to refile on the same set of <br />MOU3:PDRFEXA 92-93 A-% <br />
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