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ORDINANCE NO. NS- 1659 <br />PAGE SEVEN <br /> <br />the employee charged was not guilty of the act or <br />omission resulting in such suspension, demotion, or <br />dismissal, a recommendation by it of reinstatement <br />without loss of pay shall be binding upon the appoint- <br />ing authority, who forthwith shall order such reinstate- <br />ment. In the event that the personnel board shall <br />conclude that the employee was guilty of the act <br />or omission resulting in such suspension, demo- <br />tion, or dismissal but that the penalty was not <br />warranted under the circumstances, the personnel <br />board may review the severity and appropriateness <br />of the punishment. A recommendation by it of a <br />greater or lesser punishment or of reinstatement <br />with or without loss of pay shall be binding upon <br />the appointing authority, who forthwith shall order <br />the same. <br /> <br /> If, with respect to a suspension, demotion <br />or dismissal, the personnel board concludes that <br />the employee was guilty of the act or omission re- <br />sulting in such suspension, demotion or dismissal, <br />and that such punishment was warranted, such deci- <br />sion shall be final. <br /> <br /> (h) Vacancies created under this section <br />may be filled by the appointing authority by tempo- <br />rary appointment pending the completion of any pro- <br />ceedings taken hereunder. <br /> <br /> (i) A reduction in pay shall be treated as <br />a demotion under this section, unless the reduction <br />in pay is part of a plan of reclassification of po- <br />sitions or of a plan to reduce salaries and wages <br />in connection with a general economy or curtailment <br />program, or is the result of a finding by the appoint- <br />ing authority that the employee's performance does <br />not justify the continuance of a level of pay that <br />is dependent upon meritorious service. A failure to <br />grant an increase in pay at a time when an increase <br />would otherwise have been granted as a part of a plan <br />to increase salaries and wages throughout the city <br />service shall not be treated as a demotion under this <br />section. <br /> <br /> (j) The personnel board may adopt procedural <br />rules to govern the conduct of its hearings. <br /> <br /> <br />