§ 3-241. NOTICE OF EXAMINATION RESULTS.
(a) For all promotional examinations:
(1) Every candidate shall be mailed written notice of his/her final rating and of his/her relative standing on the eligible list or of his/her failure to obtain a place on the list. The notice shall state on its face the date of mailing.
(2) During the five working days immediately following the date of mailing of such notice any candidate may inspect his/her written examination papers in the Human Resources office during regular office hours, and shall, upon his/her request and within such time, be granted a consultation with the Director, or the Director's designee, to discuss the correction of any claimed errors in the compilation of the candidate's total score and to review the reasons for his/her rating. The consultation may include a discussion of the candidate's oral examination ratings and the answers of his/her references, subject to the limitations upon disclosure set forth in Section 3-243.
(3) Any candidate who, after requesting and participating in the consultation as provided for in Subsection (a)(2), claims that his/her final rating in the examination, as determined after such consultation, is erroneous because of clerical error or error in the interpretation or application of any rule relating to the computation of his/her final rating or that there was irregularity, discrimination within the meaning of Section 3-221, or fraud in the conduct of the examination, or any part thereof, may file with the Director, not later than five o'clock P.M. of the tenth working day after the date of mailing of notice of his/her final rating, a written request for review by the Director of his/her contentions. The candidate's request shall specify each claim of error or of impropriety in the conduct of the examination which the Director is requested to review, together with a brief statement of the facts upon which he/she bases each claim. The request shall be verified by the candidate, and the candidate may file therewith additional data, including affidavits, relevant to the facts alleged therein.
(4) Promptly after receipt of any such request, the Director shall inquire into the matters alleged in the request and take action on the request. If the Director finds during this inquiry facts which justify it, the Director may take any one or more of the following actions:
(i) Affirm the final rating of the candidate as determined after the consultation.
(ii) Affirm the results of the examination as not involving any such irregularity, discrimination, or fraud as alleged in the candidate's request.
(iii) Modify the final rating of the candidate by correcting any clerical or other error in the computation of his/her final rating.
(iv) Declare the entire examination, or the oral examination only, a nullity and cancel the eligible list created therefrom, if the Director finds that in the conduct of the examination there was irregularity, discrimination within the meaning of Section 3-221, or fraud, which resulted, or in his/her opinion could have resulted, in substantial prejudice to any candidate.
(5) Upon completion of the inquiry, the Director shall prepare and file in Human Resources, as a public record, a report of the findings and action taken. The Director may include in the report the affidavit of any person concerning facts which the Director may deem relevant to the inquiry. A copy of the report shall be mailed or delivered personally to the candidate who filed the request for review, and, if the action was to cancel the eligible list, a copy of the report shall be mailed or personally delivered to each candidate who was qualified by the examination for placement on the eligible list. If the entire examination is rescheduled, all candidates who participated in the original examination shall be notified and shall be entitled to take the rescheduled examination without further qualification.
(6) Any candidate who requested a review pursuant to Subsection (a)(3) may appeal to the Board from any action of the Director upon the review, and any candidate who was qualified by the examination for placement on the eligible list may appeal to the Board from any action of the Director nullifying all or any part of the examination. The appeal shall be in writing and shall specify the action and the particular parts of the Director's report to which the appellant takes exception, and may include affidavits relevant to the appellant's contentions. Failure to file an appeal with the Board within five calendar days of the date of personal service or within ten calendar days of mailing of a copy of the report to which appellant takes exception shall constitute a waiver of the right of appeal. Upon the filing of any appeal, the Director shall file with the Board a copy of the report and a copy of the request for review. The Director shall notify the appellant of the date of the meeting of the Board at which the matter will be first presented to the Board.
(7) The Board may, upon the record filed with it and without taking additional evidence, affirm the action or actions of the Director and deny the appeal, or it may grant the appeal and order a hearing thereon, to be held not less than ten nor more than fifteen days after the date of its order. Notice of the time and place fixed for the hearing shall be mailed, not less than five days prior to the hearing date, to the appellant, to the candidate who requested the review, and to each candidate who was qualified by the examination for placement on the eligible list, at the address of each as shown on his/her application or the city's personnel records.
(8) At the hearing the Director may present additional evidence, and the appellant, the candidate who requested the review, and any candidate who was qualified by the examination for placement on the eligible list may appear personally, or with representation, and may present evidence and argument. The request for review, the Director's report, and the appeal shall be deemed evidence upon which the Board may find facts upon which to base its decision, and the Board may limit the evidence to be received at the hearing to that which it deems necessary to its decision.
(9) At the conclusion of the hearing the Board shall affirm the action or actions of the Director as set forth in the Director's report unless it shall find from the evidence that any such action constituted an abuse of discretion by the Director. As to any action with respect to which it shall make such a finding, the Board may overrule such action and order the Director to take any alternative action authorized by Subsection (a)(4) relating to the subject matter of the action overruled. The decision of the Board on the appeal, together with findings of fact in support thereof, shall be contained in a written decision filed with its minutes, and, when so made, the decision of the Board shall be final and conclusive.
(10) No decision of the Board upon any appeal hereunder shall be contested in any action or proceeding in any court unless the action or proceeding is commenced within thirty days after the appeal is denied, or, if a hearing is ordered, the date on which the written decision thereon is approved by the Board for filing with its minutes.
(11) Notice of the Board's action denying the appeal, or, if the appeal is granted, a copy of the written decision thereon, shall be mailed to each person entitled under Subsection (a)(5), to notice of the hearing.
(b) For open examinations:
(1) Every candidate in an open examination shall be mailed written notice of his/her final rating and relative standing on the eligible list or of his/her failure to obtain a place on the list. The notice shall state on its face the date of mailing.
(2) During the five working days immediately following the date of mailing of such notice any candidate may inspect his/her written examination papers in the Human Resources office during regular office hours, and shall, upon his/her request and within such time, be granted a consultation with the Director, or the Director's designee, to discuss the correction of any claimed errors in the compilation of the candidate's total score and to review the reasons for his/her rating. The consultation may include a discussion of the candidate's oral examination ratings and the answers of his/her references, subject to the limitations upon disclosure set forth in Section 3-243.
(3) Any candidate who, after requesting and participating in the consultation as provided for in Subsection (b)(2), claims that his/her final rating in the examination, as determined after such consultation, is erroneous because of clerical error or error in the interpretation or application of any rule relating to the computation of his/her final rating, or that there was irregularity, discrimination within the meaning of Section 3-221, or fraud in the conduct of the examination, or any part, may file with the Director by the fifth working day following the consultation, a written request for review by the Director. The candidate's request shall specify each claim of error or of impropriety in the conduct of the examination which the Director is requested to review, together with a brief statement of the facts upon which he/she bases each claim and any additional data, including affidavits, relevant to the facts alleged.
(4) Promptly after receipt of any such request, the Director shall inquire into the matters alleged in the request and take action on the request. If the Director finds during this inquiry facts which justify it, the Director may take any one or more of the following actions:
(i) Affirm the final rating of the candidate as determined after the consultation.
(ii) Affirm the results of the examination as not involving any such irregularity, discrimination, or fraud as alleged in the candidate's request.
(iii) Modify the final rating of the candidate by correcting any clerical or other error in the computation of his/her final rating.
(iv) Declare the entire examination, or any part, a nullity and cancel the eligible list created, readminister a specific part, or promulgate the eligible list based upon the scores achieved in the remaining phases of the examination process, if the Director finds that in the conduct of the examination there was irregularity, discrimination within the meaning of Section 3-221, or fraud, which resulted, or could have resulted, in substantial prejudice to any candidate.
(5) Upon completion of the inquiry, the Director shall prepare and file in Human Resources, as a public record, a report of the findings and action taken. The Director may include in the report the affidavit of any person concerning facts which the Director may deem relevant to the inquiry. A copy of the report shall be mailed or delivered personally to the candidate who filed the request for review, and, if the action was to cancel the eligible list or a specific part of the examination process, a copy of the report shall be mailed or personally delivered to each candidate who was qualified by the examination for placement on the eligible list. If the entire examination is rescheduled, all candidates who participated in the original examination shall be notified and shall be entitled to take the rescheduled examination without further qualification.
(6) No decision of the Director upon any appeal hereunder shall be contested in any action or proceeding in any court unless the action or proceeding is commenced within thirty calendar days after the date on which the written decision is mailed. (Rep. and Added 6128, 1962; based on former Sec. 2-1625; Am. Ord. 67-95, 1967; Am. Ord. 84-92, § 1, eff. 7-27-84; Am. Ord. 95-33, § 8, eff. 5-12-95; Am. Ord. 95-62, § 7, 9-22-95; Am. Ord. 96-50, § 9, eff. 8-16-96).