Columbia Police officer appeals to the personnel advisory board ordinance (§ 19-253)

(a) A police officer who is suspended without pay, demoted, terminated, transferred, or placed on a status resulting in economic loss, as that term is defined in RSMo § 590.502, shall be entitled to a full due process hearing before the personnel advisory board. A hearing shall be scheduled as soon as possible and shall be conducted by procedures and rules established by the personnel advisory board and consistent with this chapter. The city shall provide the police officer or the officer's attorney and the complainant seven (7) days' written notice of the hearing date and time. At least seven (7) days in advance of the hearing, the city shall also provide to the police officer or the officer's attorney an opportunity to access and review documents that are in the city's possession and that were used as a basis for the disciplinary action. The hearing shall be closed.

(b) The police officer shall have the right to be heard and to present evidence. Testimony shall be given under oath and a record made of the hearing. The police officer has the right to refuse to testify at the hearing if the police officer is concurrently facing criminal charges in connection with the same incident. A police officer's decision not to testify shall not result in additional internal charges or discipline.

(c) Each party, as well as the board, may engage counsel and call witnesses. The board shall, upon request of any party, issue subpoenas and shall in a proper case issue subpoenas duces tecum for the hearing, but not for depositions. Subpoenas shall be issued, served and enforced in the same manner as subpoenas issued under RSMo Ch. 536, by agencies created by the constitution or state statute. Technical rules of evidence shall not apply. After hearing and consideration of the evidence and within ten (10) working days after the hearing, the board shall render its recommendations in writing to the city manager. As soon as possible after the hearing, a certified written transcript of the hearing along with all exhibits produced at the hearing shall be delivered to the city manager. The city manager shall review the transcript and exhibits and, within the time set forth in RSMo § 590.502, render a decision supported by findings of fact and conclusions of law. The findings shall consist of a concise statement upon each issue

in the case. The decision shall be final, binding and not subject to further administrative appeal except to the extent allowed by state law. A copy of the decision or order accompanying findings and conclusions along with the written action and right of appeal, if any, shall be delivered or mailed promptly to the police officer or the officer's attorney.

(d) The city shall maintain a complete record of the hearing for purposes of appeal. The record shall be provided to the officer or the officer's attorney upon written request. The record of the hearing shall remain confidential and shall not be subject to disclosure under RSMo Ch. 610, except by lawful subpoena or court order.

(e) A police officer shall have the opportunity to provide a written response to any adverse materials placed in the officer's personnel file, and such written response shall be permanently attached to the adverse material.