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' 259 <br /> <br />ORDINANANCE NS-2285 <br /> <br /> (d) Each or any of said actions relating to suspension, <br />demotion, or dismissal may be taken by the officer having power of <br />appointment to the position for reasonable and sufficient cause; <br />provided, however, that no employee who is exempt from the <br />requirements of the Fair Labor Standards Act shall be subject to <br />suspension without pay for any period of less than one week. <br /> <br /> (e) Each such employee shall have ten (10) calendar days after <br />receipt of the written decision of' the appointing authority in <br />which to file a notice requesting a hearing before the personnel <br />board. Such request for a hearing shall be filed with the executive <br />director of personnel services. If a hearing is requested, the <br />personnel board shall thereupon set a date for hearing the matter <br />at its earliest convenience. Hearing procedures shall be informal, <br />and the rules of evidence generally applicable to administrative <br />proceedings shall apply. <br /> <br /> Such employee shall have an opportunity at such hearing to be <br />heard in person, or by counsel, and the right to subpoena witness- <br />es. Except as otherwise provided by law, all hearings held under <br />the provisions of this section shall be open to the public. <br /> <br /> (f) The personnel board shall make written findings which <br />shall state as to each charge whether or not such charge is <br />sustained. The personnel board shall also set forth in writing its <br />conclusions and recommendations based upon such findings, and <br />within ten (10) working days after concluding the hearing, it shall <br />certify its findings, conclusions, and recommendations to the <br />officer from whose action the appeal was taken, and to the city <br />manager and the city council. <br /> <br /> (g) If, with respect to a suspension, demotion, or dismissal, <br />the personnel board shall conclude that the employee charged was <br />not guilty of the act or omission resulting in such suspension, <br />demotion, or dismissal, a recommendation by it of reinstatement <br />without loss of pay shall be binding upon the appointing authority, <br />who forthwith shall order such reinstatement. In the event that the <br />personnel board shall conclude that the employee was guilty of the <br />act or omission resulting in such suspension, demotion, or <br />dismissal but that the penalty was not warranted under the <br />circumstances, the personnel board may review the severity and <br />appropriateness of the punishment. A recommendation by it of a <br />greater or lesser punishment or of reinstatement with or without <br />loss of pay shall be binding upon the appointing authority, who <br />forthwith shall order the same. <br /> <br /> If, with respect to a suspension, demotion or dismissal, the <br />personnel board concludes that the employee was guilty of the act <br />or omission resulting in such suspension, demotion or dismissal, <br />and that such punishment was warranted, such decision shall be <br />final. <br /> <br />6 <br /> <br /> <br />