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se.,aGes human resources will notify the appointing officer in the department from <br />which the employee transferred to the excepted service. The latter, in restoring the <br />person to the former position, as prescribed in the charter, will provide the required <br />vacant position, if it does not exist, by means of lay-off or demotion, as outlined in <br />other sections of these rules and regulations. <br />Sec. 9-118. - Suspensions; demotions; dismissals. <br />(a) Right to exercise the disciplinary and dismissal powers hereinafter provided is <br />vested respectively in the officers of the city who have the power of <br />appointment as to any position in the personnel system. <br />(b) Except as specified in subparagraph (d), any employee serving a probationary <br />period in a position in the civil service shall be subject to suspension without <br />pay for a period not to exceed ninety (90) days, demotion or dismissal, and the <br />employee so disciplined or discharged shall not have a right of appeal, except <br />that an employee who held regular status in some other position or <br />employment included within the civil service immediately prior to his <br />appointment to probationary status shall not be discharged without written <br />notice of charges, an opportunity to answer, a written decision as hereinafter <br />provided and right of appeal to the personnel board. <br />(c) Except as specified in subparagraph (d), any employee, other than one serving <br />a probationary period, holding a position in the civil service shall be subject to <br />suspension without pay for a period not to exceed ninety (90) days, or to <br />demotion, or to dismissal subject to a right to appeal to the personnel board in <br />accordance with the procedures set forth in this article. However, such appeal <br />shall not.stay the imposition of suspension, demotion or dismissal following <br />the written decision of the appointing authority. <br />(d) Each or any of said actions relating to suspension, demotion, or dismissal may <br />be taken by the officer having power of appointment to the position for <br />reasonable and sufficient cause; provided, however, that no employee who is <br />exempt from the requirements of the Fair Labor Standards Act shall be subject <br />to suspension without pay for any period of less than one (1) week. <br />(e) Each such employee shall have ten (10) calendar days after receipt of the <br />written decision of the appointing authority in which to file a notice requesting <br />a hearing before the personnel board. Such request for a hearing shall be filed <br />with the executive director of peF60n^^' c^^^^es human resources. If a hearing <br />is requested, the personnel board shall thereupon set a date for hearing the <br />matter at its earliest convenience. Hearing procedures shall be informal, and <br />the rules of evidence generally applicable to administrative proceedings shall <br />apply. <br />Such employee shall have an opportunity at such hearing to be heard in <br />person, or by counsel, and the right to subpoena witnesses. Except as otherwise <br />provided by law, all hearings held under the provisions of this section shall be open <br />to the public. <br />Ordinance No. NS -XXX <br />Page 13 of 16 <br />50A-15 <br />