A. The procedures outlined in this section shall apply to disciplinary actions other than dismissal taken against Borough employees, except that:

B. Employees against whom disciplinary action other than dismissal is taken or proposed shall have the right to request an appeal hearing before the Borough Mayor or their designee. The employee shall serve written demand for said hearing on the Mayor not later than five working days following the employee’s receipt of written notice of the disciplinary action. Failure to serve demand for a hearing within said time limit, or to appear at a hearing scheduled in response to such a demand, shall constitute a waiver by the affected employee of the right to said hearing. The affected employee may request disqualification of the Mayor or other Hearing Officer by filing an affidavit stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be afforded. The employee shall serve the affidavit on the Mayor not later than five working days following the employee’s receipt of written notice of the hearing. The Mayor shall consider disqualification requests concerning a Hearing Officer and, if granted, appoint another Hearing Officer. If the employee requests disqualification of the Mayor, the Borough Attorney shall consider the request and, if granted, appoint a Hearing Officer. The Mayor or Hearing Officer may, but is not required to, suspend imposition of the disciplinary action pending the appeal. The Mayor or Hearing Officer may affirm the disciplinary action, impose a lesser disciplinary action, or prohibit the imposition of discipline against the employee for incidents examined at the hearing. (Ord. 2019-09 § 2, 2019; Ord. 2018-13 § 6, 2018; Ord. 2016-40 § 10, 2016; Ord. 96-047 § 2, 1996. 2004 Code § 2.24.321.)