Chapter 3.36
PROCEDURE FOR REMOVAL, SUSPENSION, DEMOTION OR DISCHARGE – INVESTIGATION – HEARING – APPEAL
Sections:
3.36.010 Procedure for removal, suspension, demotion or discharge.
3.36.010 Procedure for removal, suspension, demotion or discharge.
A. No person in the classified civil service who shall have been appointed or inducted into civil service under the provisions of this title, shall be removed, suspended, demoted or discharged except for cause, and only upon written accusation signed by the appointing authority, or any citizen or taxpayer; a written statement of which accusation, in general terms, shall be served upon the accused, and a duplicate filed with the commission.
B. Any person so removed, suspended, demoted or discharged may within 10 days from the time of his/her removal, suspension, demotion or discharge, file with the commission a written demand for an investigation, whereupon the commission shall conduct such investigation. The investigation shall be confined to the determination of the question of whether such removal, suspension, demotion or discharge was or was not made for political or religious reasons and was or was not made in good faith for cause.
After such investigation, the commission may affirm the removal, suspension, demotion or discharge, or if it finds that the removal, suspension, demotion or discharge was made for political or religious reasons, or was not made in good faith for cause, the commission shall order the immediate reinstatement of or reemployment of such person in the office, place, position or employment from which such person was removed, suspended, demoted or discharged, which reinstatement shall, if the commission so provides in its discretion, be retroactive, and entitle such person to pay or compensation from the time of such removal, suspension, demotion or discharge.
C. The commission, upon such investigation, in lieu of affirming the removal, suspension, demotion or discharge, may modify the order of removal, suspension, demotion or discharge by directing the suspension, without pay, for a given period, and subsequent restoration to duty, or demotion in classification, grade, or pay; the findings of the commission shall be certified, in writing to the appointing authority, and shall be forthwith enforced by such officer. (Ord. 92-12 § 2 Exh. A, 1992)
3.36.020 Hearing.
All investigations made by the commission pursuant to the provisions of this title shall be had by public hearing, after reasonable notice to the accused of the time and place of such hearing, at which hearing the accused shall be afforded an opportunity of appearing in person and by counsel. If such judgment or order is concurred in by the commission or by the majority thereof, the accused may appeal therefrom to a court of original and unlimited jurisdiction in the county wherein he/she resides. (Ord. 92-12 § 2 Exh. A, 1992)
3.36.030 Appeal.
Any such appeal shall be taken by serving the commission, within 30 days after entry of such judgment or order, a written notice of appeal, stating the grounds thereof, and demanding that a certified transcript of the record and of all papers on file in the office of commission affecting or relating to such judgment or order, be filed by the commission with such court. The commission shall, within 10 days after filing of such notice, make, certify and file such transcript with such court. The court of original and unlimited jurisdiction shall thereupon proceed to hear and determine such appeal in a summary manner; provided, however, that such hearing shall be confined to the determination of whether the judgment or order of removal, discharge, demotion or suspension made by the commission was or was not made in good faith for cause, and no appeal to such court shall be taken except on such ground or grounds. (Ord. 92-12 § 2 Exh. A, 1992)