1. The complainant and the city shall provide copies of position statements to the Board no less than five working days before the scheduled hearing explaining, in brief, their position on the issues at hand. Both parties will supply to the Board, no less than five working days before the scheduled hearing, copies of all exhibits which each party intends to introduce at the hearing. The Board may accept other exhibits during the hearing on satisfactory showing that the party(ies) had no prior knowledge of the exhibits.

The hearing will be open unless the complainant requests a closed hearing.

3. All testimony must be:

a. given under oath;

b. relevant to the charge of discrimination; and

c. based on personal first-hand knowledge of the witness. The Board may, at the request of either party, exclude witnesses who have not testified and instruct them not to converse with any person, other than the attorneys or representatives, concerning matters related to the hearing.

4. When either party desires to present documentary evidence, eight copies should be prepared in advance for distribution to the Board (5), the Secretary, (1), the opposing party (1) and the presenting party (1). Additional documents will be admitted at the hearing only at the discretion of the Board.

5. Requests to subpoena witnesses or documents must be submitted in writing to the Board Secretary 20 calendar days prior to the hearing. The opposing party may offer objection to any such request for subpoena within three work days of notification of subpoena. The Civil Service Board may rule on such objections by poll of individual members.

6. Opinion testimony will not be heard unless it is of a scientific or technical nature offered by a witness who is shown to be an expert qualified by education or experience in the area of the testimony to be offered. The rules of evidence will be followed as is found practical by the Board.

7. The complainant may be represented by an attorney or other representative, if desired.

8. The City Manager or the department involved may be represented by the City Attorney or his designee. In addition, the City Manager or department may, at the Board's discretion, have no more than two representatives, who may also be witnesses, present at all times.

9. The complainant's case is presented by the complainant or his/her attorney or representative. Documentary exhibits, if any, are introduced pursuant to Section 11 of these rules. Witnesses shall be sworn and shall testify on direct examination by the complainant or his/her attorney or representative and then on cross-examination by the City Attorney or his designee.

10. The City Manager's or the department's rebuttal shall be presented by the City Attorney or his designee. Documents may be introduced pursuant to Section 11 of these rules. Witnesses for the City shall be sworn and shall testify on direct examination by the attorney for the City, and then on cross-examination by the complainant or his/her attorney or representative.

11. Documentary or research material will not be considered unless it is verified by the testimony of a witness who has personal knowledge of the matter stated in the documents or research.

12. Civil Service Board members may question witnesses to amplify or clarify their testimony. Although this may be done at any time, in the interest of orderly procedure, the preferable times would be at the close of direct or cross-examination of a particular witness and at the conclusion of the testimony of the last witness before closing statements by the complainant and the City.

13. After all testimony and documents have been presented, the Civil Service Board shall deliberate, adjudicate the action, and prescribe remedies commensurate with the facts and circumstances of the particular case. The judgment or decision of a majority of said Board shall be final and may not be appealed further in the City government.

14. All hearings will be tape recorded and recordings will be retained for a period of two years in the office of the Civil Service Board.

15. Where the matters appealed before the Board have been ruled upon by in another forum and the same issues and persons were involved the Board will defer to that ruling. Where the matters appealed are subject of Federal or State litigation and the appellant is a plaintiff or member of the suing class, the Board will dismiss the appeal.

16. The Board may modify these procedures in specific cases where the interest of fairness and justice may be served.