§ 2-36. Decision of board.

(a)

The decision of the board shall be in writing and include written findings of fact and shall be determined based upon the preponderance of the evidence and, as to each issue addressed by the board, shall be in the following form:

(1)

An affirmation of action taken by the administration.

(2)

A judgement in favor of the employee disaffirming the action of the administration.

(3)

A judgement in favor of the administration with an advisory recommendation for modification of action by the administration.

(4)

With reference to a judgement in favor of the employee, the board may include within its decision the requirement of reinstatement and that employee be paid all or part of any pay lost by the employee by virtue of the employee's suspension, dismissal, or other action, plus costs and reasonable attorney's fees.

(b)

Any appeal of any decision by the board shall be by the filing of a writ of certiorari within thirty (30) calendar days of the issuance of the board's written decision with the county circuit court; a successful petition for writ of certiorari by the employee shall entitle the employee to recover costs and reasonable attorney's fees as determined by the circuit court. Issuance shall be the date the decision is signed by the chair.

(c)

The tendering of the resignation of the employee prior to final action by the board shall be considered a withdrawal of the appeal.

(d)

Should the board find that the employee's appeal was without justiciable issue of law or fact or brought with malice or solely for the intent to harass, the board can, in its discretion, after consultation with the board's attorney, award the city its costs and reasonable attorney's fees.

(e)

In the event either party willfully and contumaciously disregards the board's rules of procedure, the board may impose any sanctions it deems appropriate.

(f)

The board shall determine the entitlement and amount of any attorney's fees and costs at a separate hearing.

(Ord. No. 92-180, § 1, 10-26-92; Ord. No. 96O-141, § 1, 9-30-96)