§ 9.7.8. Hearings.

(A)

The advisory fact-finder shall call a hearing to be held within twenty-one (21) days after the date of his or her appointment and shall give not less than ten (10) days' notice in writing to the sole and exclusive agent of the Firefighters and the Corporate Authorities of the time and place of such hearing. The hearing shall be informal, and the rules of evidence prevailing in judicial proceedings shall not be binding. Any and all documentary evidence and other data deemed relevant by the advisory fact-finder shall be received in evidence. The advisory fact-finder shall have the power to administer oaths and to require by subpoena the attendance and testimony of witnesses and the production of books, records and other evidence relating to or pertinent to the issues presented to him or her for determination.

(B)

The hearings conducted by the advisory fact-finder shall be concluded within fourteen (14) days from the time of commencement. Within five (5) days following the conclusion of the hearings, the parties may, if they deem necessary, and have so notified the advisory fact-finder at the conclusion of the hearings, submit written briefs to the advisory fact-finder. Within ten (10) days after receipt of such briefs, or within ten (10) days after the conclusion of the hearings if no post-hearing briefs are filed, the advisory fact-finder shall make written findings and a written opinion and decision on the issues presented, a copy of which shall be mailed or otherwise delivered to the sole and exclusive agent of the Firefighters and its designated representative and the Corporate Authorities. Said written findings, opinions and decision, and recommendations shall be reached and discussed in accordance with the provisions of subparagraph (C) of this Section 9.7.8.

(C)

The advisory fact-finder shall conduct the hearings and render a decision upon the basis of a prompt, peaceful and just settlement of all unresolved issues between the sole and exclusive agent of the Firefighters and the Corporate Authorities. The factors to be given weight by the advisory fact-finder in arriving at a decision shall include:

(i)

Comparison of wage rates, hours, terms and conditions of employment of the Fire Fighters, and wage rates, hours, terms and conditions of employment of fire departments in comparable cities and towns in the United States.

(ii)

Interest and welfare of the public, and the financial ability of the City to finance the cost items proposed by each party.

(Charter 1960, C5.80-7; amended June 15, 1971; amended May 15, 1979; Ord. No. 428-02, § 1, 6-3-02, elec. 8-13-02)