§ 3.20.390. Appeal to city manager.

A.

An appeal to the city manager of the finance director's decision must be in writing and must set out, with specificity, the errors claimed to have been made by the finance director.

B.

An appeal to the city manager of the finance director's decision shall be scheduled for a hearing and be heard by the city manager or a hearing officer appointed by the city manager. The city manager, or hearing officer, shall receive such relevant documents, information and testimony as the appellant and the finance director may desire to present at a hearing. The burden of proof is on the appellant. Unless the city manager specifically delegates to the hearing officer the authority to hear and decide the appeal, the hearing officer shall hear the appeal and provide to the city manager a proposed decision setting out findings, conclusions and orders which the city manager may accept, modify or reject and refer back to the hearing officer for reconsideration. If the hearing officer is specifically authorized to decide the appeal, the hearing officer's decision is the final decision. If the city manager hears the appeal or if the city manager accepts and signs a hearing officer's proposed decision, whether or not modified by the city manager, such decision is the city manager's decision and is the final decision. A final decision shall be in writing and shall set out findings of fact, conclusions and such orders as may be appropriate. A final decision may be appealed to the Superior Court pursuant to the rules of appellate procedure. A final decision shall state that it is a final decision and shall contain any notice of the limitations on and the right to appeal required by Rule 602(a)(2) of the Alaska Rules of Appellate Procedure or other applicable rule. A copy of the final decision shall be promptly mailed or delivered to the appellant and to the finance director.

(Ord. 04-10 § 2 (part), 2004).