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ORDINANCE NS-2190 Page 2 (d) When the appointing authority, after considering the conclusions of the medical examination provided for by this section or medical reports from the employee's physician, and other pertinent information, concludes that the employee is unable to perform the work of his or her present position, or any other vacant position within the classification series in the agency, and the employee is not eligible or waives the right to retire for disability, the appointing power may take action to suspend or dismiss the employee. (e) The appointing authority may demote, transfer, suspend or dismiss an employee under this section without requiring the employee to submit to a medical examination, when the appointing authority relies upon a written statement submitted to the appointing authority by the employee as to the employee's condition or upon medical reports submitted to the appointing authority by the employee. (f) Upon the petition of the employee who was dismissed, demoted, or transferred in accordance with this section, the employee shall be placed on the reappointment list for his or her previously held position in accordance with Section 9-114 if it is determined by the director that the employee is no longer incapacitated for duty in such position. The employee shall provide satisfactory proof to the appointing authority of fitness for duty prior to being placed on a reappointment list. (g) Nothing in this section shall be deemed to affect any right to appeal to the personnel board as provided in section 9-118. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 3: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of 069. 2