The Commission may receive and consider the evidence of a witness by affidavit and assign same such weight as it deems proper after consideration of objections, if any, made to its admission.

On-site inspections are discouraged and shall be conducted only if the evidence to be considered cannot be otherwise presented via stipulations, photographs, videotapes, maps, diagrams, etc.

All evidence and testimony shall be presented and received into the record while in open session.

Generally, the determinative issues to be considered and determined by the disciplinary action appeal process shall be:

Did cause exist to support the imposing of some form of disciplinary action as to the employee?

Was the degree of disciplinary action imposed by the Department reasonable under the circumstances? And

Has the hearing process developed matters that justify or compel modification of the Department Head's disciplinary action?

The Department Head shall establish the violation(s) by a preponderance of evidence standard.

It shall be recognized that prior to imposing any form of discipline, the Department Head may use lesser forms of disciplinary or corrective action. However, the failure to utilize progressive discipline shall not in itself be grounds to overturn or otherwise modify a Department Head's decision to proceed directly to the appropriate level of discipline if the employee's misconduct warrants such disciplinary action, including indefinite suspension. Progressive discipline need not always apply, and the seriousness of a single offense may negate a previously unblemished record.

The hearing shall provide the employee a reasonable opportunity to produce objective evidence and/or testimony to demonstrate:

That the employee did not commit the misconduct as alleged, i.e., “the allegations are not true;” or

That even if the employee committed the acts as alleged, that such activity does not constitute actionable misconduct; or

That even if the employee committed actionable misconduct, that the degree of discipline imposed is too harsh or severe, i.e., the disciplinary action imposed was “unreasonable, arbitrary or capricious;” or

A combination of any of these matters would justify or compel modification of the Department Head's action.

An employee's mere disagreement or difference in opinion in regard to the Department Head's actions or reasoning shall not constitute grounds to overturn nor modify the disciplinary action.

If the Commission determines one valid charge of misconduct is supported by evidence sufficient