§ 7.40.050. Right to appeal.

(a)

The individual to whom a warning or exclusion notice is issued shall have the right to an appeal from the issuance of the notice.

(b)

A notice of appeal of a warning notice or an exclusion notice must be filed, in writing, with the library director within five calendar days of the issuance of the warning or exclusion notice. The notice of appeal shall state the following:

(l)

The appellant's name;

(2)

The appellant's address and a telephone number where he or she can be reached;

(3)

A concise statement as to why the appellant believes that the issuance of the warning notice or the exclusion notice was invalid or unjustified; and

(4)

A copy of the warning notice or exclusion notice shall be attached.

(c)

A hearing on the appeal shall be held no more than fifteen calendar days after the filing of the appeal, except the library director may postpone the hearing date at the request of the appellant or the library staff for good cause. The appellant shall be provided notice of the hearing date, time, and location at least five calendar days prior to the hearing date. The hearing shall afford a reasonable opportunity for the appellant to be present and present evidence that the warning notice or exclusion notice is invalid or unjustified. The appellant shall have the right to cross-examine library staff witnesses. The decision of the library director shall be final and in writing.

(d)

At the hearing, the library staff shall have the burden to show by a preponderance of evidence that the warning notice or exclusion notice was based on and justified by a violation of the rules of conduct described in Section 7.40.030.

(e)

Copies of all library staff documents to be used by the library staff at the hearing shall be made available to the appellant at least five calendar days prior to the hearing.

(Ord. 3060 § 1 (part), 2005)